Shenzhen Sungold Solar Co.,Ltd. (Sungold) warrants its Photovoltaic modules (“PV-modules”),including factory-assembled DC connectors and cables, if any, to be free from defects in materials and workmanship under normal application, installation, and use and service conditions. If the PVmodules fail to conform to this warranty, during the period ending sixty (60) months from date of sale as shown in the invoice to the first consumer customer of the Sungold product (“the customer”), Sungold will, at its option, either repair or replace the product, or refund the purchase price as paid by the Customer. The repair or replacement or refund remedy shall be the sole and exclusive remedy provided under the “limited Product Warranty” and shall not extend beyond the sixty (60) months period set forth herein. This “limited Product Warranty” does not warrant a specific power output, which shall be exclusively covered under clause 2 hereinafter (“Limited Peak Power Warranty”).

 

2. Limited Peak Power Warranty by 25 years—Limited Remedy
 

For the PV-modules (excluding the inverter/converter), Sungold warrants:
10 years
If, within a period of ten (10) years from date shown in the invoice to the Customer, any PVmodule(s) exhibits a power output less than 90% of the minimum Peak Power at STC1 as specified at the date of invoice in Sungold’s product information Sheet, provided that such loss in power is
determined by Sungold( at its sole and absolute discretion) to be due to defects in material or workmanship, Sungold will replace such loss in power by either providing additional Modules to the Customer to make up for such loss in power, or by repairing or replacing the defective Module(s) at the option of Sungold.
25 years
If, within a period of twenty-five (25) years from the date shown in the invoice to the Customer any PV-module(s) exhibits a power output less than 80% of the minimum Peak Power at STC1 as specified at the date of invoice in Sungold’s Product Information Sheet, provided that such loss in
power by either providing additional modules to the customer to make up such loss in power is determined by Sungold (at its sole and absolute discretion) to be due to defects in material or workmanship, Sungold will replace such loss in power by either providing additional
Modules to the Customer to make up such loss in power, or by repairing or replacing the defective PV-module(s) at the option of Sungold.

The remedies set forth in this clause 2 shall be the sole and exclusive remedies provided under the
“Limited Peak Power Warranty”.
 

3. Exclusions and Limitations
 

1) In any event, all warranty claims must be filed within the applicable warranty period.
2) The “Limited Product Warranties” and the “Limited Peak Power Warranties” do not apply to
any
Modules which have been subjected to:
 Misuse, abuse neglect or accident;
 Alteration, improper installation or application;
 Non-observance of Sungold’s installation and maintenance instructions;
 Repair or modifications by someone other than an approved service technician of Sungold;
Power failure surges, lighting, flood, fire, accidental breakage or other events outside Sungold’s control.
Both, the “Limited Product Warranties” and “Limited Peak Power Warranties” do not cover any transportation charge, customs clearance or any other costs for return of the Modules, or for reshipment of any repaired or replaced Modules, or costs associated with installation, removal or
reinstallation of the PV-modules.
Warranty claims will not be honored if the type or serial number of the Modules have been altered, removed or made illegible.
3) This “Limited Warranty for PV Modules” does not apply to Modules marked as “Grade A” or “Grade B”. Sungold explicitly refers to their “Limited Warranty for PV Modules marked "Grade A”, their “Special Limited Warranty for PV Modules marked Grade B” reflecting these categorized modules.

 

4. Limitation of Warranty

These “Limited Warranties for PV Modules” as set forth herein are expressly in lieu of and exclude all other express or implied warranties, including but not limited to warranties of merchantability and of fitness for particular purpose, use, or application, and all other obligations or liabilities on the part of Sungold, unless such other obligations or liabilities are expressly agreed to in writing signed and approved by Sungold. Sungold shall have no responsibility or liability whatsoever for damage or injury to persons or property, or for other loss or injury resulting from any cause whatsoever arising out of or related to the Modules, including, without limitation, any defects in the Module, or from use or installation.
Under no circumstances shall Sungold be liable for incidental, consequential or special damages, howsoever caused. Loss of use, loss of profits, loss of production, and loss of revenues are specifically and without limitation excluded. Sungold’s aggregate liability, 
if any, in damagesor otherwise, shall not exceed the invoice value as paid by the Customer, for the single unit of Module.
 

5. Obtaining Warranty
 

If the Customer feels a justified claim covered by this “Limited Warranties for PV Modules”, an in writing to the address of Sungold listed hereunder, or, sending an email letter to the email account of Sungold listed hereunder. Together with the notification, the Customer should enclose the evidence of the claim with the corresponding serial number of the Module(s) and the invoice on
which the Modules have been purchased.
The return of any PV-modules will not be accepted unless prior written authorization has been given by Sungold.
 

6. Severability
 

If a part, provision or clause of this “Limited Warranty for PV Modules”, or the application thereof to any person or circumstance, is held invalid, void or unenforceable, such holding shall not affect and shall leave all other parts, provisions, clauses or applications of this “Limited Warranty for PV
Modules”, and to this end such other parts, provisions, clauses or applications of this “Limited Warranty for PV Modules” shall be treated as severable.
 

7. Disputes
 

In case of any discrepancy in a warranty-claim, a first-class international test-institute such as Fraunhofer ISE in Freiburg/Germany, TUV Rheinland in Cologne/Germany or ASU Arizona State University shall be involved to judge the claim finally. All fees and expenses shall be born by the losing party, unless otherwise awarded. The final explanation right shall be borne by Sungold.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS BY STATE LAW THAY VARY FROM STATE TO STATE.
 

8. Various

The repair or replacement of the Modules or the supply of additional Modules does not cause the beginning of new warranty terms, nor shall the original terms of this “Limited Warranty for PV-Modules” be extended. Any replaced Modules shall become the property of Sungols made
for their disposal. Sungold has the right to deliver another type (different in size, color, shape and/or power) in case Sungold discontinued producing the replaced Modules at the time of the claim.
 

9. Warranty
 

This warranty is transferable when the product remains installed in its original location at the warranty registration.
 

10. Force Majeure
 

Sungold shall not be responsible or liable in any way to the customer or any third-party arising from any non-performance or delay in performance of any terms and conditions of sale, including this “Limited Warranty for PV Modules”, due to acts God, war, riots, strikes, warlike
conditions, plague or other epidemics, fire, flood,or any other similar cause or circumstance beyond the reasonable control of such Sungold. In such cases, performance Sungold of this Limited Warranty shall be suspended without liability for the period of delay reasonably attributable to such causes.
 

11. Validity
 

This “Limited Power Warranty for PV Modules” is valid for all Modules dispatched between 1st January 2010 and 31st December 2010.
1 “Peak Power at STC” is the power in Watt peak that a PV-module generates in its Maximum Power Point. “STC” are as follows
(a) light spectrum of AM1.5,
(b) an irradiation of 1000W per m² and
(c) a cell temperature of 25 degree centigrade at right angle irradiation. The measurements are carried out in accordance with
IEC61215 as tested at the connectors or junction box terminals – as applicable – per calibration and testing standards of Sungld valid at the date of manufacture of the PV-modules.
 

Shenzhen Sungold Solar Co,.Ltd.
Add: WenTao Industry Park,YingRenShi,ShiYan Town,Shenzhen, Guangdong,China
Tel: +86-755-29685821
Fax: +86-755-29685820