This Limited Warranty Statement applies only to Square Solar Inc.(“Square Solar”) products.
Fifteen (15) year Limited Product Warranty
Subject to the exclusions contained herein, Square Solar warrants to purchase (the “Purchaser”) of the Products that the Products shall be free from defects in materials and workmanship which have an effect on Products functionality under normal application, installation, use, and service conditions as specified in Square Solar’s standard product documentation such as the installation manual and its annexes.
Claims under this warranty will only be accepted if the Purchaser can prove that the malfunctioning or nonconformity of the Products results exclusively from defects in materials and/or workmanship under normal application, installation, use and service conditions specified in Square Solar’s standard product documentation.
This Limited Product Warranty does not warrant a specific power output of the Products, which shall be exclusively covered under the Limited Performance Warranty elaborated below.
Warranty effective date
The effective date of the warranties provided herein shall be the day after delivery by Square Solar to the Buyer.
The limited warranties set forth herein DO NOT apply to any Products: 1) for which Square Solar has not received all or part of the due payments from the Buyer; 2) which have been subject to negligence in transportation, handling, storage or use; 3) which have been repaired without Square Solar’s authorization or in any way tampered with; 4) which have been subject to extraordinary salt or chemical exposure; 5) which have been subject to improper installation, application, alteration, unauthorized service, or improper system design which caused constant shading to the Products; 6) which have been subject to power failure or surges, flood, fire, direct or indirect lightning strikes, or other acts of nature; 7) which have been subject to accidental breakage, vandalism, explosions, acts of war, or other events outside Square Solar’s control; or 8) which have been moved from its original installation location.
In addition, the limited warranties do not apply to any deterioration in the appearance of the Products (including, without limitation, any scratches, stains, rust, discoloration, or mold) or any other changes to the Products in appearance stemming from the normal wear and tear over time of product materials. Also, no warranty claim may be made if the product label, type or serial number of the applicable Products has been altered, removed or made illegible.
In respect of the Fifteen (15) Year Limited Product Warranty, if Square Solar verifies in its reasonable judgment that the Products fail to conform to the terms of the Limited Product Warranty set forth herein, Square Solar, at its option, will provide one of the following remedies: 1) repair the Products; 2) replace the Products with new products whose labeled power wattages equal to or exceed the Warranted Wattages of replaced Products (the
Warranted Wattages is defined as the contracted power wattages of the Products minus the permissible accumulated degradation); or 3) provide a refund of the fair market value of the Products assessed based on the Warranted Wattages at the time of claim.
Square Solar will not accept any return of Products without Square Solar’s prior authorization. Once accepted, Square Solar will cover reasonable transportation costs (except for insurance, any taxes, duties, demurrages, or any other costs and expenses related to custom clearance or Buyer’s failure to cooperate) for shipping the Products under a claim back from the Purchaser to a designated location of Square Solar, and for shipping the additional, repaired or replacement Products to the original installation location. If Square Solar opts for repair as the remedy, Square Solar shall cover reasonable material and labor costs related to the repair. In any event, the costs and expenses for the removal, installation, and/or reinstallation of the Products, including fees, levies, taxes or other financial duties due in relation to any applicable electronic waste disposal regulation, shall remain with the Purchaser, unless otherwise agreed to by Square Solar in a signed writing. Square Solar will not pay any cost of any fees, levies, taxes or other financial duties imposed on the remedies implemented by Square Solar or imposed on the Products subject to such remedies, that are due to regulatory, government or judicial decisions not existing at the time of purchase of the affected Products.
Any repair or replacement of the affected Products shall not increase the applicable warranty period. The warranty period for replaced or repaired Products is the remainder of the warranty for the affected Products. Square Solar reserves the right to deliver a similar product (of similar size, color, shape, and/or power output) in replacement of the affected Products if production of the affected Products is discontinued or such product is otherwise unavailable. Unless instructed by Square Solar otherwise, Buyer shall dispose of Products in accordance with all local applicable regulations on electronic waste treatment and disposal at its own cost. Products having been replaced shall not be sold, reworked or reused in any way, unless expressly authorized by Square Solar.
If the Purchaser believes that it has a justified claim covered by the limited warranties set forth above, then the Purchaser shall submit such claim in writing without undue delay, with supporting information including but not limited to the claimed quantity, serial numbers, purchasing invoices and proofs, to Square Solar within the applicable warranty period specified above to the following address.
This Limited Warranty is transferable to a party taking legal title to the Products, provided that the Products Remain installed in their original installation location.
In case of any dispute related to warranty claims, such dispute shall be referred to and finally resolved pursuant to the governing law clauses and dispute resolution procedures under the purchase agreement between the purchaser and Square Solar.
The limited warranties set forth herein are in lieu of and exclude all other express or implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose or application, and all other obligations on the part of Canadian solar unless such other warranties and obligations are agreed to in writing by square solar. some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to the buyer in such jurisdictions.
Limitation of liability
To the maximum extent permitted by applicable law, square solar hereby disclaims, and 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 any of its products or their use. To the maximum extent permitted by applicable law, under no circumstances shall canadian solar be liable to the buyer, or to any third party claiming through or under the buyer, for any lost profits, loss of use, or equipment downtime, or for any incidental, consequential or special damages of any kind, howsoever arising, related to the products, even if square solar has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, canadian solar’s aggregate liability, if any, in damages or otherwise, shall not exceed the purchase price paid to square solar by the purchaser for the product in the case of a warranty claim. The purchaser acknowledges that the foregoing limitations of liability are an essential element of the agreement between the parties and that in the absence of such limitations the purchase price of the products would be substantially different. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to the purchaser in such jurisdictions. Some jurisdictions do not allow limitations on the exclusion of damages so the above limitations or exclusions may not apply to the buyer in such jurisdictions. You may have specific legal rights outside this warranty, and you may also have other rights that vary from state to state or country to country. This limited warranty does not affect any additional rights you have under laws in your jurisdiction governing the sale of consumer goods. Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions in this limited warranty statement may not apply to you in those areas.