Year Power Output Warranty Sample Clauses

Year Power Output Warranty. Subject to and effective upon execution of the First Solar Reclamation and Recycling Agreement, First Solar additionally warrants to the original purchaser that modules installed in accordance with the System Design and Application document specified in the purchase agreement shall (i) during the first ten years following installation of the Product, produce at least 90% of the nominal power output rating (Pmpp +/-5%), and (ii) during twenty-five years following installation of the Product, produce at least 80% of the nominal power output rating (Pmpp +/-5%). Power output shall be measured and normalized to Standard Test Conditions using a method and laboratory approved by First Solar. If the Product is determined to be in breach of the foregoing warranty, First Solar will, at its option, either repair or replace the product under the terms of its Return Policy or provide supplemental Product to remedy the breach of warranty. Limitation of Remedies THE REMEDIES SET FORTH ABOVE ARE THE EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY BY FIRST SOLAR. The sole purpose of these exclusive remedies shall be to provide for the repair, replacement, or supplementation of products in breach of warranty. This exclusive remedy shall not be deemed to have failed its essential purpose so long as First Solar is willing and able to replace or repair the breaching products, or to supplement with additional Product as described under “Twenty-Five Year Power Output Warranty” above.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Year Power Output Warranty. Subject to and effective upon execution of the First Solar Reclamation and Recycling Agreement, First Solar additionally warrants to the original purchaser that modules installed in accordance with the System Design and Application document specified in the purchase agreement shall (i) during the first ten years following installation of the Product, produce at least 90% of the nominal power output rating (Pmpp +/-5%), and (ii) during twenty-five years following installation of the Product, produce at least 80% of the nominal power output rating (Pmpp +/-5%). Power output shall be measured and normalized to Standard Test Conditions using a method and laboratory approved by First Solar. If the Product is determined to be in breach of the foregoing warranty, First Solar will, at its option, either repair or replace the product under the terms of its Return Policy or provide supplemental Product to remedy the breach of warranty. Limitation of Remedies THE REMEDIES SET FORTH ABOVE ARE THE EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY BY FIRST SOLAR. The sole purpose of these exclusive remedies shall be to provide for the repair, replacement, or supplementation of products in breach of warranty. This exclusive remedy shall not be deemed to have failed its essential purpose so long as First Solar is willing and able to replace or repair the breaching products, or to supplement with additional Product as described under “Twenty-Five Year Power Output Warranty” above. Transfer of Warranty This warranty will transfer from the original purchaser to any subsequent purchaser of the Product, subject to and effective upon execution of the First Solar Assignment Agreement or a comparable agreement specified by First Solar. Proper Operating Conditions The warranties provided hereunder shall be void and of no effect if the Product is not properly installed, integrated or maintained, or operated under normal operating conditions as specified in the First Solar FS Series Module User Guide and System Design and Application document specified in the purchase agreement. First Solar is not responsible for damage to the Product due to improper handling, physical abuse or installation that is not consistent with the System Design and Application (SDA) document. Return Policy IF a product must be returned to First Solar in the event of a warranty claim, First Solar will arrange for the return of the Product at First Solar’s expense so long as such Product is returned in accordance ...
Sample 1Sample 2See All (4)

Related to Year Power Output Warranty

  • Year 2000 Warranty The Sub-Adviser represents and warrants that it is actively pursuing a comprehensive and coordinated compliance strategy (including remediation and testing) to ensure the readiness of its business systems and applications for the Year 2000 and believes that all such systems critical to the performance of Sub-Adviser's responsibilities hereunder will be Year 2000 compliant prior to January 1, 2000. The Sub-Adviser will make appropriate inquiries as to the readiness of its vendors, service providers, clients and other third parties for the Year 2000; provided, however, that neither the Sub-Adviser nor any of its officers, directors or employees (or affiliated companies) make any representations or warranties regarding the Year 2000 readiness of such vendors, service providers, clients and other third parties.

  • Construction Warranty At the Closing, Seller shall assign to Buyer all construction warranties with respect to the Hotel, which assignment shall be in form and substance reasonably satisfactory to Buyer, including a warranty by the Contractor, for the period ending not sooner than one (1) year after the date the Hotel is Substantially Completed, in the form of the warranty attached hereto as Exhibit H (the “Construction Warranty”).

  • Service Warranty 10.1 When performing the Services, Service Provider shall provide professional and skilled personnel, reasonably experienced for the Services to be performed at the best of their knowledge.

  • Performance Warranty Each Party hereby warrants and guarantees the performance of any and all rights and obligations of this Agreement by its Affiliates and Sublicensees.

  • General Warranty Each party hereby represents and warrants to the other that (i) such party has the right, power and authority to enter into this Agreement and to fully perform all of its obligations, including the granting of licenses, hereunder; (ii) entering into this Agreement does not violate any agreement or obligation existing between such party and any third party; and (iii) such party has and will maintain with all of its employees written agreements sufficient to enable such party to perform its obligations hereunder with confidentiality terms at least as restrictive as those provided herein.

  • Software Warranty NETGEAR warrants to the end-user that each item of Software, as delivered or updated by NETGEAR and properly installed and operated on the Hardware or other equipment it is originally licensed for, will function substantially as described in its then-current user documentation during its respective warranty period. If any item of Software fails to so perform during its warranty period, as the sole remedy NETGEAR or NETGEAR's supplier will at its discretion provide a suitable fix, patch or workaround for the problem which may be included in a future revision of the Software. For specific Software which is distributed by NETGEAR as a licensee of third parties, additional warranty terms offered by such third parties to end-users may apply.

  • Limited Warranty 17.1 The Regents warrants that it has the lawful right to grant this license to Licensee.

  • Equipment Failures In the event of equipment failures beyond the Administrator's control, the Administrator shall take reasonable and prompt steps to minimize service interruptions but shall have no liability with respect thereto. The Administrator shall develop and maintain a plan for recovery from equipment failures which may include contractual arrangements with appropriate parties making reasonable provision for emergency use of electronic data processing equipment to the extent appropriate equipment is available.

  • Title Warranty Assignor warrants that:

  • Warranty Period The warranties set forth in Clauses 12.1.1 and 12.1.2 shall be limited to those defects that become apparent within **** after Delivery of the affected Aircraft (the “Warranty Period”).

Time is Money Join Law Insider Premium to draft better contracts faster.