BSW Bifacial Module

BIG SHINE WORLDWIDE LIMITED WARRANTY FOR PV-MODULES (“Limited Warranty”) 1. Limited Product Warranty – Ten Years Repair, Replacement Big Shine Worldwide with its main office at 300 Corporate Blvd Newburgh New York 12550 warrants its Photovoltaic modules (“PV-modules”), including field replaceable DC connector cable assemblies, to be free from defects in materials and workmanship under normal application, installation, use and service conditions. If the PV-modules fail to conform to this warranty, then for a period ending one hundred twenty (120) months from date of sale to the original end-customer (“the Customer”), Big Shine Worldwide will, at its, option, either repair or replace the product, or refund the purchase price paid by the Customer (“Purchase Price”). The repair, replacement or refund remedy shall be sole and exclusive remedy provided under the Limited Product Warranty and shall not extend beyond the one hundred twenty (120) 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‟ – Limited Remedy A: 10 years For Big Shine Worldwide’s PV-modules, Big Shine Worldwide additionally warrants: If, within ten (10) years from date of sale to the Customer any PV-module(s) exhibits a power output less than 90% of the minimum Peak Power at STC* as specified at the date of delivery in Big Shine Worldwide’s Product Information Sheet, Provided that such loss in power is determined by Big Shine Worldwide (at its sole and absolute discretion) to be due to defects in material or workmanship, Big Shine Worldwide will replace such loss in power by either providing to the Customer additional PV modules to make up such loss in power, or by repairing or replacing the defective PV-module(s), at the option of Big Shine Worldwide. [Such loss in power, claimed by the Customer will be verified through performance tests at a national laboratory. B:25 years For Big Shine Worldwide’s PV-modules, Big Shine Worldwide additionally warrants: If, within (a) first ten (10) years from date of sale to the Customer, any PV-module(s) exhibits a power output less than 92% of the minimum Peak Power at STC as specified at the date of delivery in Big Shine Worldwide’s Product Information sheet, or (b), within a period of twenty-five (25) years from date of sale to the customer any PV-module(s) exhibits a power output less than 83% of the minimum Peak Power at STC*, provided that such loss in power is determined by Big Shine Worldwide (at Its sole and absolute discretion) to be due to defects in material or workmanship, Big Shine Worldwide will replace such loss in power by either providing to the Customer additional PV-modules to make up such loss in power, or by repairing or replacing the defective PV-module(s) , at the option of Big Shine Worldwide. [Such loss in power, claimed by the Customer will be verified through performance tests at a national laboratory. 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 A. Warranty claims must in any event be filed within the applicable Warranty period. B. The Limited Warranties do not apply to any PV-modules which in Big Shine Worldwide’s absolute judgment have been subjected to: - Misuse, abuse, neglect, or accident; - Alteration, improper installation or application; - Non-observance of Big Shine Worldwide’s installation-., users- and maintenance instructions; - Repair or modifications by someone other than an approved service technician of Big Shine Worldwide. - Power failure surges, lightning, flood, fire, accidental breakage or other events outside Big Shine Worldwide’s control. 4. Force Majeure Big Shine Worldwide shall not be in any way be 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 condition which is not reasonably known or understood at the time of the sale of the PV-modules or the claim. 5. Limitation of Claims and Expenses A. The Limited Warranties do not cover any transportation costs for return of the PV-modules, or for reshipment of any repaired or replaced PV-modules, or cost associated with installation, removal or reinstallation of the PV- modules. B. When used in non-land based applications the Limited Peak Power Warranty, applying to any of the PV-modules shall be limited to ten (10) years as per the provisions of clause 2A hereof. C. Warranty claims will not be honored if the type or serial number of the PV-modules have been altered, removed or made illegible. D. The Warranty covers all Big Shine Worldwide’s products not only the products made in Korea but including not limited to 3rd party’s OEM products. 6. Limitation of Warranty Scope THE LIMITED WARRANTIES SET FORTH HEREIN ARE EXPRESSLY IN LIEU OF AND EXCLUDE ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OR MERCHANTABILITY AND OF FITNESS FOR PARTICULAR PURPOSE, USE, OR APPLICATION, AND LAL OTHER OBLIGATIONS OR LIABLILITES ON THE PART OF BIG SHINE WORLDWIDE, UNLESS SUCH OTHER WARRANTIES OBLIGATIONS OR LIABILITES ARE EXPRESSLY AGREED TO IN WRITING SIGNED AND APPROVED BY BIG SHINE WORLDWIDE. BIG SHINE WORLDWIDE 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 PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY DEFECTS IN THE MODULE, OR FROM USE OR INSTALLATION. UNDER NO CIRCUMSTANCES SHALL BIG SHINE WORLDWIDE BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, HOWSOEVER CAUSED. LOSS OF USE, LOSS OF PROFITS, LOSS OF PRODUCTION, LOSS OF REVENUES ARE THEREFORE SPECIFICALLY BUT WITHOUT LIMITATION EXCLUDED. BIG SHINE WORLDWIDE’S AGGREGATE LIABILITY, IF ANY, IN DAMAGES OR OTHERWISE, SHALL NOT EXCEED THE INVOICE VALUE AS PAID BY THE CUSTOMER, FOR THE UNIT OF PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED, AS THE CASE MAY BE, WHICH IS THE SUBJECT OF CLAIM OR DISPUTE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. 7. Obtaining Warranty Performance If the Customer feels he/she has a justified claim covered by this Limited Warranty, he/she must immediately notify the (a) dealer, who sold the PV-modules. Together with the notification Customer should enclose evidence of the date of sale on which the solar Products have been purchased. If applicable, Customer’s dealer or distributor will give advice on handling the claim. The return of any PV-modules will not be accepted unless prior written authorization has been given by Big Shine Worldwide. 8. Severability If a part, provision or clause of this Limited Warranty, 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 part, provisions, clauses or applications of this Limited Warranty, and to this end such other parts, provisions, clauses or applications of this Limited Warranty shall be treated as severable. 9. Disputes No action, regardless of form, arising out of or in any way connected with this Limited Warranty, may be brought by the Customer more than one (1) year after the cause of action has accrued. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE . 10. Various The repair or replacement of the PV-modules or the supply of additional PV-modules, does not cause the beginning of new warranty terms, nor shall be original terms of this Limited Warranty be extended. Any replaced PV-modules shall become the property of Big Shine Worldwide. Big Shine Worldwide has the right to deliver another type of PV module (different in size, color, shape and/or power) in case Big Shine Worldwide discontinued producing the PV module in question at the time of the claim. *”Peak Power” is the power in watt peak that a PV-module generates in its maximum power point. “STC” are as follows (a) light spectrum of AM 1.5, (b) an irradiation of 1,000 W per m2 and (c) a cell temperature of 25 degrees Centigrade. The measurements are carried out in accordance with IEC60904 as tested at the junction box terminals per the calibration and testing standards of Big Shine Worldwide valid at the date of manufacture of the PV-modules. Big Shine Worldwide’s calibration standards shall be in compliance with the standards applied by international institutions accredited for this purpose. Big Shine Worldwide Head Office : 300 Corporate Blvd Newburgh NY 12550