Subject to change | © 2019 SOLARWATT GmbH | AZ-TM-PMS-1339 | Rev 001 | Version: 12/2019
Page 39
or gross negligently did not know that no valid Warranty claim
event was given.
5. If a Warranty service of SOLARWATT is unsuccessful,
SOLARWATT is entitled to repeat the same form of Warranty
service or to provide a different service, unless this is unrea
-
sonable for the End Customer.
E Exclusion of the Warranties
1. The Warranty does not extend to Solar Modules that are
impaired, damaged or destroyed as a result of
a) being improperly stored or transported by the End Custo
-
mer or a third party,
b) not being installed or, if applicable, uninstalled or reinstal
-
led, in accordance with the SOLARWATT installation instruc-
tions and the recognized good engineering practices,
c) being operated in a manner inconsistent with the intended
purpose and especially the instructions for operation in the
assembly manual,
d) not being maintained properly, in particular not in accor
-
dance with the maintenance instructions in the assembly ma-
nual,
e) being improperly modified by the End Customer or a third
party or being otherwise improperly manipulated, or
f) of force majeure (in particular lightning, fire or natural disas
-
ter). The insurance performance pursuant to the SOLARWATT
Full Coverage remains unaffected in this respect.
2. Insignificant changes or changes in appearance, in parti
-
cular bleaching and discoloration of cells shall not constitu-
te a Warranty claim event pursuant to the Product Warranty
pursuant to Section B. The Performance Warranty pursuant to
Section C remains unaffected.
3. The Warranty is furthermore excluded if the End Customer
manipulates or removes the serial number or type plate of the
Solar Module.
4. The End Customer bears the burden of proof that the War
-
ranty has not been excluded due to the aforementioned rea-
sons. This does not apply to circumstances which lie within
SOLARWATT‘s sphere of responsibility or that of SOLARWATT’s
vicarious agents.
5. The End Customer‘s Warranty claim is not valid if the no
-
tification period set forth in Section G.3 is exceeded unless
the End Customer has not culpably exceeded this notification
period.
F Transfer to a new owner
If the End Customer sells and transfers the title to the Solar
Module on, this warranty is transferred to the new owner of
the Solar Module to the extent of the remaining Warranty
Term. The respective new owner is then considered the End
Customer for the purposes of these Warranty Conditions. In
this event, this Warranty expires for the prior End Customer.
G Provisions on the assertion of Warranty claims
1. Warranty claims can only be asserted to SOLARWATT in wri
-
ting and by submitting a copy of the original invoice of the de-
aler/installer from which the solar module was purchased (wi-
thout prejudice as to whether they are part of the SOLARWATT
distribution network). For this purpose, the complaint form
for end customers is available online at http://www.solarwatt.
com.
Further documents (e.g. photos, records, etc.) must be provi
-
ded at SOLARWATT‘s request.
2. The existence of a Warranty claim event due to the sponta
-
neous breakage of the glass without any external influences
or due to a reduced output of a Solar Module must be verified
by an expert appraisal performed by SOLARWATT, a third party
commissioned by SOLARWATT or an independent testing in-
stitute approved for module certifications in accordance with
IEC 61215.
3. If an obvious Warranty claim event occurs, the End Custo
-
mer must bring a claim in respect of this Warranty claim event
as soon as possible and in any event no more than three (3)
months after discovery of the Warranty claim event. Claims
received after this time may be considered at SOLARWATT’s
sole discretion.
Recognizable transport damages should be reported using
the claim form for transport damages, available from www.
solarwatt.com.
H Notice for EasyIn 60M style solar modules
The EasyIn 60M style solar modules with the additionally sup
-
plied and/or optional SOLARWATT installation components to
be purchased (seals, roof integration, enclosure frame) must
be installed correctly and professionally according to the res-
pective installation instructions by the respective installer for
protection from rain.
I Limitation of liability
1. Any claims for damages or expenses against SOLARWATT
irrespective of the legal basis (contract, tort or any other area
of law) out of or in connection with the Warranty pursuant to
these Warranty Conditions or Warranty services are excluded.
SOLARWATT shall in no event and irrespective of the legal
basis be liable to pay damages to the End Customer for loss
of profit or revenue, loss of use, loss of data, cost of capital,
down-time costs, cost of substitute goods, property damage
external to the Solar Modules and any damage or loss arising
out of such damage or any special, incidental, indirect or con-
sequential damage. This also applies if such damage occurs at
a third party‘s premises. The insurance performance pursuant
to the SOLARWATT Full Coverage remains unaffected in this
respect.
2. The aforementioned limitations of liability do not apply if
SOLARWATT is liable pursuant to product liability law, in cases
of willful intent, gross negligence, injury to life, body or health,
or breach of material contractual obligations, i.e. obligations
that actually enable the proper execution of the contract in
the first place and which the End Customer can regularly and
fully expect to be met. Compensation for breach of material
contractual obligations is, however, restricted to foreseeable
losses arising from the type of contract, provided no willful
intent or gross negligence is involved, there is no injury to life,
body or health, and SOLARWATT is not liable under product
liability law.
J Final provisions
1. These Warranty Conditions are subject to German law to
the exclusion of the conflict of laws and the United Nations
Convention on Contracts for the International Sale of Goods
(CISG). This does not affect the End Customer’s rights under
mandatory local law.
2. If any individual provisions of these Warranty Conditions
are or become invalid, the validity of the remaining provisions
remains unaffected.
