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FINAL-Jinko Solar - Global Limited Warranty NON LINEAR (20140501)
FINAL-Jinko Solar - Global Limited Warranty NON LINEAR (20140501)
REV. 050114
Jinko Solar Import and Export Co., Ltd. (“Jinko”) Actual Power Output shall be not less than 80%
generally provides the Warranties set forth of the Nominal Power Output (“Limited Power
herein to the original purchaser and its Warranty”).
permitted successors and assigns (“Customer”)
with respect to all solar photovoltaic modules 4. POWER DEFINITIONS. “Nominal Power
sold by Jinko under purchase agreements Output (PO0)” means the original manufactured
signed on or after May 1, 2014 (“Modules”), nameplate specification of the Module,
subject to the terms and conditions herein expressed in Watts, as certified by Jinko and
(“Limited Warranty”). Jinko and Customer may indicated on the Module, excluding any
hereinafter be referred to each as a “Party” and specified positive tolerance. “Actual Power
collectively as the “Parties”. Output (POt)” means the power output of the
Module, expressed in Watts, at Watt peak that
1. WARRANTY START DATE. Jinko provides the a Module generates at a given point in time in a
Warranties set forth herein commencing upon year after the Warranty Start Date (t) in its
the earlier of delivery of Modules to the original ‘Maximum Power Point’ under Standard Test
purchaser thereof or that date which is one Conditions, corrected for any measurement
hundred and eighty (180) days following the error (“STC”). STC are as follows, measured in
Module manufacture date, as indicated by the accordance with IEC 61215: (a) light spectrum
serial number [digit no. 7 – 12 (YYMMDD), of AM 1.5; (b) an irradiation of 1000W per m2;
starting from the left side of the serial number] and (c) a cell temperature of 25 degrees
for such Module (“Warranty Start Date”). centigrade at right angle irradiation. The
“Degradation Rate (DR)” shall be any positive
2. LIMITED PRODUCT WARRANTY. Beginning on amount calculated in accordance with the
the Warranty Start Date and terminating on following formula, expressed as a percent:
that date which is one hundred and twenty (120)
months thereafter, Jinko warrants that the DR = 1.00 – [(POt) / (PO0)]
Modules and their respective DC connectors
and cables, if any, shall be free from material 5. CLAIMS. Customer shall bear the burden of
defects in design, materials and workmanship establishing a breach of the Warranties
that affect the performance of the Module hereunder. If Customer believes there has been
(“Limited Product Warranty”). Material defects a breach of the Limited Product Warranty or
shall not include normal wear and tear. Limited Power Warranty (collectively,
“Warranties”), then Customer shall promptly,
3. LIMITED POWER WARRANTY. Jinko warrants and not later than thirty (30) days after
that the Degradation Rate shall not exceed the knowledge thereof, provide notice to Jinko
following for the periods identified following setting forth the following information related
the Warranty Start Date: (a) 10% by that date to the claim: (a) party making claim; (b) detailed
which is twelve (12) years following the description; (c) evidence, including photographs
Warranty Start Date, at which time the Actual and data; (d) relevant serial numbers; (e)
Power Output shall be not less than 90% of the Warranty Start Date; (f) Module type; (g)
Nominal Power Output; and (b) 20% by that physical address; (h) any additional evidence
date which is twenty-five (25) years following reasonably requested by Jinko; and (i) upon
the Warranty Start Date, at which time the request from Jinko, the actual Module(s)
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LIMITED WARRANTY
REV. 050114
allegedly causing the breach. Notwithstanding 2010 delivery basis that the original Module
anything to the contrary herein, Jinko shall be causing breach of the Warranties was delivered
entitled, in Jinko’s sole discretion upon written under the purchase agreement to which this
notice to Customer, to require that any breach Limited Warranty applies. Replaced Modules
of the Warranties alleged by Customer be received by Jinko pursuant to Section 5 shall be
reviewed by TÜV Rheinland, TÜV SUD or other the sole property of Jinko. Jinko shall be solely
neutral third party testing laboratory selected responsible for all shipping costs incurred
by Jinko and approved by Customer, such performing its additional supply, repair or
approval not to be unreasonably withheld or replacement obligations under this Section 6.
delayed (“Independent Testing Lab”). The Additional or replacement Modules shall be of
power measurement tolerance of any testing the same type and physical form as the original
equipment utilized by any Independent Testing Module, electrically compatible with the
Lab in performing tests required by this Section original Module, and have an electrical output
5 shall be disclosed in writing to both Parties of not less than the warranted power output of
prior to performance of any such tests and shall the original Module at the time of supply or
be reflected in any final test results provided by replacement, based on the warranted
the Independent Testing Lab. The degradation rates set forth at Section 3 hereto.
determination by an Independent Testing Lab Notwithstanding the foregoing, if Jinko no
as to whether a breach has occurred shall be longer supplies Modules meeting the foregoing
final and conclusive with respect to the matters criteria, then additional or replacement
covered by such determination. Jinko shall be Modules provided under this Section 6 shall be
responsible for all costs incurred by it in those Modules then supplied by Jinko most
connection with the shipment by Customer of a substantially meeting the foregoing criteria.
Module pursuant to Section 5(i) hereto and any Jinko’s performance of any repair, replacement
Independent Testing Lab’s services provided or additional supply pursuant to this Section 6
pursuant to this Section 5, including shipping, shall not extend the term of any Warranties.
testing services, storage, insurance and any
Module destruction incidental thereto; 7. EXCLUSIONS. This Limited Warranty is subject
provided, however, Customer shall promptly to the exclusions set forth in this Section 7. The
upon receipt of notice indemnify Jinko for all Warranties shall not apply to any Module which
such costs on a dollar-for-dollar basis in the has been: (a) altered, repaired or modified
event the Independent Testing Lab is unable to without the prior written consent of Jinko or
confirm a breach of the Warranties or Customer otherwise inconsistent with Jinko’s written
is otherwise unable to establish a breach of the instructions; (b) removed and re-installed at any
Warranties. location other than the physical location in
which it was originally installed following
6. REMEDIES. In Jinko’s sole discretion, Jinko purchase by Customer or receipt from Jinko as a
shall repair, replace or provide additional replacement Module; (c) subject to misuse,
modules compensating for the related power abuse, neglect, or accident except as may be
loss for any Module which causes a breach of caused by Jinko in the course of storage,
the Warranties. Additional, repaired or transportation, handling, installation,
replacement Modules shall be delivered to the application, use or service; (d) subject to force
same destination and on the same INCOTERMS majeure, electrical surges, lightning, flood, fire,
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REV. 050114
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Limited Warranty shall execute such 14. MISCELLANEOUS. The terms of this Limited
agreements as may reasonably be requested by Warranty are conditioned upon their
Jinko to confirm the applicability of any term incorporation in a contractual agreement
hereof as a condition to assignment. between Jinko and Customer and are subject to
modification when incorporated therein. Jinko
11. LAW AND FORUM. Any dispute related to or reserves the right to modify or rescind this
arising out of this Limited Warranty, including Limited Warranty at any time, with or without
without limitation any question regarding its notice.
existence, validity, breach, or termination, shall
be referred to and finally resolved pursuant to [END OF LIMITED WARRANTY]
the governing law clauses and dispute
resolution procedures under the purchase
agreement between the original purchaser and
Jinko. As a condition to any obligation of Jinko
hereunder, Jinko may require any Customer
seeking to enforce this Limited Warranty to
execute such additional agreements as may
reasonably be required to enforce the terms of
this Section 11.
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