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Warranty on Photovoltaic Modules

 Warranty on  Photovoltaic Modules

Limited Warranty on Atakale Photovoltaic Modules ®

© 2016 Atakale ECO SOLUTIONS NORTH AMERICA. All Rights Reserved.

1. Scope of Limited Warranty Coverage: This warranty applies to all solar photovoltaic models within the VBHNxxxSA16/SA16B series

(xxx = rated power) (hereinafter, “Product”) and sold by Atakale ECO SOLUTIONS, Division of Atakale Corporation

of North America, a Delaware Corporation, or any of its affiliated companies, divisions or units (hereinafter, “Atakale”) and is extended to

the original end-user purchaser, and when Product remains at its original installed location, is transferable to any subsequent owner of the

location, or subsequent title holder of the Product upon satisfactory proof of succession or assignment (all such persons hereinafter referred to

as, “Customer”).

2. Limited Product Workmanship Warranty. Atakale warrants the Product to be free from defects in materials and product

workmanship under normal application, installation, use, and service conditions for a period ending fifteen (15) years from date of Product

purchase by the Customer. If the Product fails to conform to this warranty, as determined by Atakale in its sole and absolute discretion,

Atakale will employ one of the following Limited Warranty Remedies as set forth under Section 4 below. This fifteen (15) years Limited

Product Workmanship Warranty does not warrant a specific power output, which shall be exclusively covered under Section 3 below.

3. Limited Power Output Warranty. Atakale warrants the power output will be no less than 95% of the designated Maximum Power

(Pmax) stated in the product data sheet for the first year from date of purchase of the Product by the Customer and the power output

degradation will be no more than 0.6% per year for the following 24 years, so that, at the end of 25 th year, the power output will be at least 80.6%

of Pmax. The power output values under this Limited Power Output Warranty shall be those measured under Atakale Standard Test

Conditions (STC) as follows: (a) Irradiance 1000 W/m2, (b) Cell Temperature of 25ºC, and (c) Air Mass of 1.5g.

Upon receipt of a Power Output warranty claim, Atakale or its designated representative shall conduct measurements under STC to

determine the actual power output of the Product. Atakale measurement shall be the sole determination for purposes of warranty

settlement. If Atakale measures power output levels under the warranted output levels set out above, taking into account a ±3%

measurement tolerance range, and such power loss is the result of a product defect, as determined by Atakale in its sole and absolute

discretion, Atakale will supplement the power output deficiency using one of the following Limited Warranty Remedies as set forth under

Section 4 below.

4. Limited Warranty Remedies. Atakale, at is sole discretion, will take one of following remedies

a. Atakale may refund the Customer the original Product purchase price. Any refund may be pro-rated by the number of months

from the date of original purchase by the Customer and/or may be calculated based on the difference between actual power output

(Product measured under STC) and minimal guaranteed output;

b. Atakale may provide additional new or refurbished Product to restore deficient output;

c. Atakale may repair or replace the Product with new or refurbished Product

5. Limited Remedy Conditions. When one of the Limited Warranty Remedies is employed, the following conditions will apply:

a. The warranty remedy will extend only to claims received before the end of the warranty period.

b. The original warranty period remains in effect and will not be extended, nor will a new warranty period begin, upon repair,

replacement, addition, or prorated refund of the defective Product.

c. The purchase date of original Product shall determine the start of the warranty period in the event Atakale repairs, replaces,

adds to, or prorates a refund for the defective Product.

d. Remedy options may not be combined. Only one remedy option will be employed at Atakale sole discretion.

e. The warranty remedy is applicable to the Product only and does not apply to any other system components or parts.

f. When Product is the subject of third party financing, any applicable refund will be paid to the title-holder of the Product.

g. Product removal, packaging, transportation, reinstallation, and related costs and fees are excluded from these limited warranties.

h. Product that is replaced by Atakale shall become the property of Atakale. Atakale reserves the right, at its sole

option, to deliver another type of new or refurbished Product that may differ in size, color, shape, model number, and/or power level.

6. Limited Warranty Exclusions. The warranties above in Sections 2 and 3 are void and do not apply under the following:

a. Products sold and/or installed outside the United States; provided, however, that any Products sold and/or installed in any of the

American territories located in the Pacific Ocean (including American Samoa, Saipan, Guam), or in any island nation and territory

located in the Caribbean Sea, except Cuba, are covered by the warranties in Sections 2 and 3 above.

b. Expiration of warranty, no evidence of purchase, or no proof of installation by a qualified licensed solar or electrical contractor.

c. Altered, removed, or illegible Product serial number(s).

d. Any Product repaired by anyone other than Atakale.

e. Cosmetic variations,stains or scratches that do not affect power output.

f. Marine, recreation vehicle, or mobile installations of any kind. Multi-axis tracking systems are not considered mobile installations.

g. Improper applications, such as, but not limited to, use with mirrors, concentrated sunlight, and contact with solar thermal systems.

h. Damage due to lack of compliance with the General Installation Manual, national or local codes, such as the National Electric Code,

or any Authority Having Jurisdiction.

i. Damage or corrosion resulting from environmental pollution such as soot, chemical vapors, acid rain, direct contact with salt water

such as ocean spray, immersion in water, whether caused by flooding or otherwise, and any type of mold.

j. Damage from sound, vibration, rust, scratches, or discoloration that is the result of normal wear and tear, aging or continuous use.

k. Damage caused by inadequate or improper usage, alteration, installation, wiring, handling, removal, maintenance, storage,

packaging, transportation.

160509

Limited Warranty on Atakale Photovoltaic Modules HIT ®

© 2016 Atakale ECO SOLUTIONS NORTH AMERICA. All Rights Reserved.

l. Claims made more than one year from the date the alleged power output degradation, or product workmanship defect, reasonably

should have been discovered.

m. Damage caused by abuse, neglect, vandalism, accident, animals or insects, or external stress, such as, but not limited to, stepping

on Product, impacts from falling objects such as tools, golf balls, rocks, hailstones, or other debris.

n. Damage from non-compatibility with, or defects in, system-related parts and components.

o. Damage from extreme natural conditions such as earthquakes, typhoons, tornados, volcanic activity, tsunami, lightning, heavy snow

or ice, fire, or other unforeseen circumstances.

p. Damage to the backsheet such as, but not limited to, cuts, scrapes, scratches, punctures, penetrations, or wear and tear, from objects

such as, screws, bolts, nails, tools, system or structural components, sharp edges, constant rubbing, tree branches, etc.

q. Damage from terrorist acts, riots, war, power surges, power failures, or other man-made disasters.

7. Limitation of Warranty. THE EXPRESS WARRANTIES SET FORTH HEREIN SHALL CONSTITUTE THE ONLY WARRANTIES

APPLICABLE TO THE PRODUCT. Atakale HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR

IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE,

USE, OR APPLICATION, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON Atakale PART, UNLESS SUCH OTHER

WARRANTIES, OBLIGATIONS OR LIABILITIES ARE EXPRESSLY AGREED TO IN WRITING BY Atakale. Atakale SHALL NOT

BE RESPONSIBLE OR LIABLE IN ANY WAY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR

INJURY RESULTING FROM ANY CAUSE WHATSOVER ARISING OUT OF OR RELATED TO THE PRODUCT, INCLUDING, WITHOUT

LIMITATION, ANY DEFECTS IN THE PRODUCT, OR FROM USE OR INSTALLATION. IN NO EVENT SHALL Atakale BE LIABLE FOR

INCIDENTAL, CONSQUENTIAL OR SPECIAL DAMAGES, LOSS OF USE, LOSS OF PROFITS, LOSS OF PRODUCTION, OR LOSS OF

REVENUES FOR ANY REASON WHATSOEVER. Atakale TOTAL LIABILITY, IF ANY, IN DAMAGES OR OTHERWISE, SHALL NOT

EXCEED THE INVOICE VALUE PAID BY THE CUSTOMER FOR THE PRODUCT OR SERVICE(S) FURNISHED, WHICH IS THE SUBJECT

OF CLAIM OR DISPUTE. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY IN SOME STATES THAT DO NOT ALLOW THE

EXCLUSION OF CERTAIN TYPES OF DAMAGES. THE LIMITATIONS ON IMPLIED WARRANTIES DO NOT APPLY TO ANY PURCHASE

OF PRODUCTS MADE FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.

8. Obtaining Warranty Performance. Customers who believe they have a justified claim covered by this Limited Warranty must

immediately notify the installer who sold the Product, or an authorized Atakale representative, or contact Atakale directly by writing

to:

atakale@atakale.com

Atakale Elektronik Ltd Sti

Camlica M 147. C 4/I Y.Mahalle Ankara TURKEY

Tel: +90 312 425 2200

Customer may also contact Atakale via its website as follows,

Claims must accompany evidence of the Product purchase date by the Customer. The return of any Product will not be accepted by

Atakale unless accompanied by a valid return material authorization and prior written authorization issued by Atakale.

9. Severability. If a part, provision or clause of this Limited Warranty, or its application to any person or circumstance is held invalid, void or

unenforceable, such holding shall not affect this Limited Warranty and all other parts, provisions, clauses or applications shall remain, and, to

this end, such other parts, provisions, clauses or applications of this Limited Warranty shall be treated as severable.

10. Disputes. The Customer may bring no action, regardless of form, arising out of or in any way connected with this Limited Warranty,

more than one (1) year after the date the Customer receives notice of Atakale final decision on the Customer’s warranty claim. THIS

LIMITED WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS; CUSTOMERS MAY ALSO HAVE OTHER RIGHTS THAT VARY

FROM STATE TO STATE.

11. Force Majeure. Atakale shall not be held responsible or liable to the Customer or any third-party arising out of any

non-performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots,

strikes, unavailability of suitable and sufficient labor, material, die, or capacity or technical or yield failures and any unforeseen event beyond its

control, including, without limitations, any technological or physical event or conditions which is not reasonably known or understood at the time

of the sale of the Product or the claim.

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