1. Scope of Warranty
Changzhou Zixu Solar Power Co., Ltd.(“Zixu Solar”) grants this Limited Manufacturer's Warranty to the original end user purchaser which is the first customer installing for its own use (the "Buyer") of any of the below listed (and no other) brand models of solar mounting brackets manufactured by Zixu Solar (the “Products”) and accompanied by this Limited Manufacturer's Warranty:
Ground Mounting System(ZXG-D), Roof Mounting System(ZXG-W), Single-axis Tracker(ZXD), Dual-axis Tracker(ZXS).
2. Subject Matter of Warranty
Subject to all other terms and conditions of this Limited Manufacturer's Warranty, Zixu Solar's Limited Manufacturer's Warranty shall forfeit and not apply if, and as soon as, one of the following events occurs (irrespective of the Buyer's fault and whether or not causing the defects claimed):
a) The Product is altered, modified, improperly installed, abused or misused
b) The Product is not maintained in accordance with Zixu Solar's relevant recommendations or instructions
c) The Product is serviced or repaired by a third party service provider not previously authorized or approved by Zixu Solar
d) The Product's type, nameplate or module serial number is changed, erased or made illegible
e) The Product is exposed to mold discoloration or similar external effects
f) The Product is exposed to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond Zixu Solar's reasonable control (including but not limited to damage by fire, flood, etc.)
g) The Buyer uses the Products in such a manner as to infringe any third party intellectual property rights such as, e.g., patents, copyrights or registered design rights. For the avoidance of doubt, Zixu Solar's resulting damage or recourse claims and any other remedies available under any applicable laws are fully reserved and shall not be prejudiced by Buyer's forfeiture of this Limited Manufacturer's Warranty.
Zixu Solar does not grant, and hereby fully excludes to the broadest extent permissible by applicable law any further or other warranty or liability of Zixu Solar (whether express or implied) for the Products, in particular, but without limitation, any further or other warranty of quality, fitness for a particular purpose and non-infringement of third party intellectual property rights such as, e.g., patents, copyrights or registered design rights. Neither the sales personnel of Zixu Solar, nor their authorized wholesale or retail dealers, nor any other person is authorized to grant any warranty for the Products on behalf of Zixu Solar except that they may reference or drop this Limited Manufacturer's Warranty Certificate.
3. Warranty and Notice Periods
The warranty period is 5 (five) years from the delivery date of the relevant defective Product(s), except that the warranty period for claims brought under item (II) (i) of Clause 2, paragraph 1 shall be 10 years from the delivery date and the warranty period for claims brought under item (II)(ii) of Clause 2, paragraph 1 shall be 25 years from the delivery date. Notwithstanding anything to the contrary herein, any claim under this Limited Manufacturer's Warranty shall be forfeited in any case if: (i) the Buyer does not notify Zixu Solar or their authorized representatives of such claim in writing in accordance with Clause 5, paragraph 1 within 1(one) month after discovering, or after the Buyer should have discovered, the defect claimed under warranty; or (ii) the Buyer does not commence court action within 6 (six) months after proper notification of the claim.
4. Claims Procedure
What to do to claim warranty Claims under this Limited Manufacturer's Warranty must immediately upon discovery of the relevant defect(s), but at the latest within the notification period set out in Section 3 paragraph 2 be notified by registered mail or courier to Zixu Solar at the address shown below. The notification must show the serial number of the defective Product(s), include a copy of the relevant invoice and purchase contract and unconditionally state: "We hereby accept, and agree to, the choice of law, the choice of an expert appraiser and the choice of arbitration as set out in Clause 6 of your Limited Manufacturer's Warranty on which our claim is based." Incomplete notifications will not be processed and do not meet the notification deadline of Clause 3, paragraph 2. The return of any defective Product(s) will not be accepted unless prior written authorization has been given by Zixu Solar. In any such case, the Buyer shall remove, de-install, insure, securely package and transport the defective Product(s) at Buyer's expense.
5. Force Majeure
Zixu Solar shall not be responsible or liable in any way to the Buyer for any non-performance or delay in performance under this Limited Manufacturer's Warranty due to occurrences of force majeure such as, e.g., 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 defective Product(s) or the notification of the relevant warranty claim under this Limited Manufacturer's Warranty.