XIHE SOLAR CO.,LTD LIMITED WARRANTY FOR PV MODULES

1 LIMITED PRODUCT WARRANTY Ten year repair, replacement or refund remedy

Xihe Solar Co.,Ltd. (Xihe Solar) warrants its Photovoltaic modules (“PV-modules”) 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”) Xihe Solar will, at its option, either repair or replace the product, or refund the purchase price as paid by the Customer (“Purchase price”). In cases where a subsequent delivery has failed or where a defect was not removed, the Customer has to accept further attempt to subsequent delivery or to repair the defect before he makes any further statutory guarantee claims. The same shall apply in cases when after the delivery or replace¬ment other defects appear.

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 one hundred twenty (120) months period set forth here-in. This limited Product Warranty does not warrant a specific power output which shall be exclusively covered under clause 2 hereinafter (Limited Peak Power Warranty).

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2 Limited Peak Power Warranty— Limited remedy

A: 12 years If, within twelve (12) 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 STC1 specified at the date of delivery in Xihe Solar’s product information sheet,provided that such loss in power is determined to be provided by Xihe Solar (at its sole and absolute discretion) to be due to defects in material or workman¬ship, Xihe Solar will replace such loss in power by either providing to the customer additional PV-modules to make up such loss in power or by replacing the defective PV module(s) at the option of Xihe Solar.

B: 25 years If, 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 80% of the minimum Peak Power at STC1,provided that such loss in power is determined by Xihe Solar (at its sole and absolute discretion) to be due to defects in material or workmanship, Xihe Solar will replace such loss in power by either providing to the Customer additional PV-modules to make up such loss in power, or by replacing the defective PV-module(s), at the option of Xihe Solar. The remedies set forth in this clause 2 shall be the sole and exclusive remedies provided under the limited Peak Power Warranty.

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3 Exclusions and Limitations

(1) Warranty claims must in any event be filled within the applicable Warranty period.

(2) The limited Warranties do not apply to any PV-modules which in Xihe Solar absolute judgment have been subjected to:

» Misuse, abuse, neglect or accident;
» Alternation, improper installation or application;
» Non-observance of Xihe Solar installation-users and maintenance instructions;
» Repair or modifications by someone other than an approved service technician of Xihe Solar
» Power failure surges, lighting, flood, fire, accidental breakage or other events outside Xihe Solar

(3) The defective Modules shall be sent to Xihe Solar on request. 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.
(4) Warranty claims will not be honored if the type or serial number of the PV-modules have been altered, removed or made illegible
(5) This Guarantee is neither a guarantee for example within the meaning of clause 443 nor within the meaning of clause 276 of the German Civil Code (BGB) or any other comprehensive regulation under European Law. Claims due to loss of profit, compensation for loss of use, indirect damage and claims due to damage occurring exterior to the modules are not covered by this Guarantee.
(6) 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 Xihe Solar, unless such other obligations or liabilities are expressly agreed to in writing signed and approved by Xihe Solar. Xihe Solar 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 PV-modules, including, without limitation, any defects in the PV-module, or from use or installation. Under no circumstances shall Xihe Solar 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. Xihe Solar’s aggregate liability, if any, in damages or otherwise, shall not exceed the invoice value as paid by the Customer, for the single unit of PV-module.

Severability

If a part, provision or clause of this limited Warranty, or the applica¬tion 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 the limited Warranty, and to this end such other parts, provisions, clauses or applications of this limited Warranty shall be treated as severable.

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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 the original terms of this limited Warranty be extended. Any replaced PV-modules shall become the property of Xihe Solar. Xihe Solar has the right to deliver another type (different in size, color, shape and/or power) in case Xihe Solar discontinued producing the PV- module in question at the time of the claim

Disputes

No action, regardless of form, arising out of or in any way connected with this limited Warranty, may be brought by Customer more than one (1) year after the cause of action has accrued.

Obtaining Warranty Performance

If the Customer feels he/she has a justified claim covered by this limited Warranty, he/she must immediately notify (a) the dealer, who sold the PV-modules, or (b) any authorized Xihe Solar distributor of the claim in writing, or (c) send such notification directly to Xihe Solar. The notification shall include a description of the claimed defect and the PV-module serial number.

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. If further assistance is required, Customer is invited to write Xihe Solar for instructions. The return of any PV-modules will not be accepted unless prior written authorization has been given by Xihe Solar.

Force Majeure

Xihe Solar 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, earth¬quakes, whirlwinds, floods, lightning, snow damage as well as war, riots, strikes, unavailability of suitable and sufficient labor, material, 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.

Note

1 “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 1,000W per m2 and (c) a cell temperature of 25 degree Centigrade. The measurements are carried out in accordance with IEC61215 as tested at the junction box terminals per the calibration and testing standards of Xihe Solar valid at the date of manufacture of the PV-modules. Xihe Solar’s calibration standards shall be in compliance with the standards applied by international institutions accredited for this purpose.

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