SOLAR PANEL WARRANTY
Limited Product and Linear Performance Warranty
Limited Warranty on Silfab Solar Inc and Silfab Solar USA Photovoltaic Module Products
1. Scope of Coverage
This warranties in Section 2 and 3 below (collectively, the “Limited Warranties”) apply to all “Class A” solar
modules manufactured by Silfab Solar Inc. or any of its affiliates and sold after January 1, 2018 by Silfab or an authorized dealer/partner of Silfab Solar Inc. or its affiliates and covers all SLA, SLG, SIL ML, SIL NL, SIL BL, SIL, MT, SIL NT, SIL HL, SIL XL modules with serial number greater than 180102YXXXXO (the “Products”). The Limited Warranties are extended to the original end-user purchaser of the Products (the “Purchaser”) and to any subsequent title holder of the modules (such Purchaser or subsequent title holder being the “Owner”), provided in all cases that the Products remain at their original installed location.
The availability, terms and conditions of the Limited Warranties may be amended from time to time. Please refer to silfabsolar.com for a copy of the current terms and conditions, including their effective date.
2. Limited Product Workmanship Warranty – 12 year Repair, replacement or refund – extendable to 25
Subject to the conditions and exclusions contained below, Silfab Solar Inc. (“Silfab Solar”) warrants to the Owner that the Products shall be free in all material aspects from defects in materials and workmanship under normal application, installation, use and service conditions as may be specified in Silfab Solar’s standard product documentation. The duration of the warranty given in this Section 2 is 12 (twelve) years from the date of delivery of the Products to the Purchaser, provided that if the Owner does not provide evidence of the delivery date, the warranty will begin on the date of manufacture of the Product (as applicable, the “Warranty Start Date”), provided that if the installation, site and Product details are properly registered by the Purchaser through the silfab.solar.com customer website warranty registration portal within 180 days of the date of purchase, such warranty period shall be extended to 25 years from the Warranty Start Date.
3. Limited Power Output Warranty – 30 years
Subject to the conditions and exclusions contained below, Silfab Solar warranties that within the first year
from the Warranty Start Date, every Product will have a power output that is: (a) in the case of monocrystalline modules, 97.1% of the nameplate maximum power output specified for the Product (“Pmax”); and (b) in the case of multi-crystalline modules, 97.5% of Pmax. Silfab Solar further warranties that from year 2 through 30 degradations will not exceed 0.65% of Pmax per year for monocrystalline and 0.70% of Pmax per year for multi-crystalline so that at the end of the 30th year, every Product will have a power output that is:
(a) in the case of mono-crystalline modules, at least 80.3% of the Pmax; and
(b) in the case of multi-crystalline modules, 79.5% of Pmax. The duration of the warranty given in this Section 3 is 30 years from the Warranty Start Date.
The power outputs for the purposes of the warranties given in this Section 2 shall be those measured by Silfab Solar under the following Standard Test Conditions (“STC”): (i) irradiance of 1,000 W/m2¬; (ii) cell temperature September 11, 2019 p. 2 of 25°C; and (iii) air mass 1.5. The remedies under Section 4 will apply if the power output does not meet the minimum levels set out in this Section 3, taking into account a ± 3% measurement tolerance range.
4. Silfab Limited Warranty remedies
In the event of a valid claim in respect of the Limited Warranties, Silfab will do one of the following:
a) repair or replace the defective Product with a new or refurbished Product equal or greater Pmax;
b) provide additional new or refurbished Products to supplement any deficiency in power output;
c) provide a refund for the defective Product, which will be calculated based on the original invoice value
of such Product, as pro-rated for the number of months remaining in the applicable warranty period
and, in the case of a claim in respect of the warranties given under Section 3, for the difference
between the actual power output and the minimum output required under the warranty.
5. Conditions of Limited Warranties
The Owner’s right to the remedies described in Section 4 is subject to the following conditions:
a) Payment must have been made in full for the Products.
b) The Limited Warranties are for Products sold and installed in North American including Canada, USA,
Mexico and any island nation or territory in the Caribbean Sea.
c) Upon request by Silfab Solar, the Owner must provide proof of purchase of the Products, evidence
satisfactory to Silfab Solar that it is an “Owner” as defined for the purposes of these Limited
Warranties, and evidence that the Products remain installed at their original installation location.
d) The warranty period is measured from the Warranty Start Date for the original Products, and is not
extended or restarted in the event that defective Products are repaired or replaced, or new Products
are provided, pursuant to Section 5.
e) The Limited Warranties are for the Products only and do not cover other systems, labor or
f) The Limited Warranties do not cover transportation costs for return of modules, or for reshipment of
any repaired or replaced module, or cost associated with installation, removal or reinstallation of
modules. Defective Products will be packaged and shipped to Silfab Solar by the Owner in accordance
with the written instructions of Silfab Solar.
g) Silfab reserves the right to replace the Product with refurbished or different product that may have
different specifications or dimensions (or both) than the original Product, provided that Pmax shall be
no less than the original Products.
h) Remedy options will not be combined and Silfab will at its sole discretion provide one remedy option.
i) Any defective Product that is replaced will become the property of Silfab Solar.
6. Limited Warranty Exclusions
The Limited Warranties given in respect of a Product do not apply in the following circumstances:
a) the serial number of a Product is removed, altered or is illegible;
b) the Product is moved to a location other than its original installation location; September 11, 2019 p. 3
c) the Product has been installed or subject to use in a location, which in Silfab’s absolute judgement may
be subject to direct contact with a saline body of water such as the sea or ocean (could be defined as
less than 5m from a coastline), or in a tropical or equatorial environment;
d) the Product is used in a mobile application, including without limitation by installing the Products on
any vehicle or craft;
e) the Products is used in combination with any device for concentrating or magnifying light or with any
solar thermal system;
f) the Products is not installed by a qualified and licensed solar or electrical contractor;
g) the Products is modified, serviced or repaired by any person other than Silfab or a third party approved in advance by Silfab;
h) in respect of cosmetic damage (including without limitation scratches, dents, corrosion, pain chipping,
and discoloration) that does not affect power output;
i) in respect of damage that is caused by any of the following:
i. any transportation, storage, installation, wiring, interconnection, operation, cleaning or maintenance of the Products other than in accordance with (i) specifications, installation manuals, operational manuals, or labels attached to the Products; or (ii) applicable laws, including without limitation any local electrical codes;
ii. misuse, neglect, tampering, vandalism or accident by any person other than Silfab;
iii. incompatibility with, or malfunctioning of, or other damage caused by, the systems, devices or components to which the Products are connected or mounted;
iv. abrasions, tears or punctures of the Products by tools, by mounting hardware or by other components, structures, or natural features (e.g., tree branches) that come into contact with the Products;
v. mechanical shock caused by objects or persons falling on, stepping on, bumping into or otherwise colliding with the Products or with the systems, devices or components to which the Products are connected or mounted;
vi. mechanical shock or vibration outside of the operating limits specified in Product documentation;
vii. environmental pollution or other contamination, including but not limited to soot, ash, salt, acid rain, fumes, and chemical agents;
viii. animals, insects or mold;
ix. extreme weather events, including without limitation earthquakes, hurricanes, typhoons, tornados, tsunamis, floods, lightning, volcanic activity, as well as other weather conditions (such as precipitation, ambient heat/cold, wind, snow or ice) outside of the operating limits specified in Product documentation;
x. fire, except to the extent caused by the defect in the Product;
xi. power surges or power outages, whether resulting from natural or man-made causes; or
xii. terrorist acts, riots, wars, or other man-made disasters.
7. Claim Verification and Remediation Process
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To make a claim under the Limited Warranties, the Owner must submit a notice of claim in writing to Silfab Solar within one year of the date that the defect was discovered and in any event before the end of the warranty period set out in respect of the applicable Limited Warranty. The notice of claims must be sent to the following address, or such future address as Silfab Solar may provide from time to time: Customer Service Department, Silfab Solar Inc., 240 Courtney Park Drive East L5T 2Y3 Mississauga-Ontario-Canada. The notice of claim must identify the defective Product(s) (by serial number) and the basis for the claim, and should enclose proof of purchase of the Products, evidence that the person making the claim is an “Owner” as defined for the purposes of the Limited Warranties, and evidence that the Products remain installed at their original installation location. Upon receipt of the notice of claim, Silfab Solar may, in its sole discretion, request further particulars regarding the claim.
The Owner will return the Products that are the subject of its claim to Silfab Solar at the Owner’s expense
and in accordance with written return material authorization (“RMA”) issued by Silfab Solar. The return of any Product will not be accepted by Silfab Solar unless an RMA has been issued by Silfab Solar and the Owner has complied with the packaging and shipping instructions provided by Silfab Solar as part of such RMA.
If Silfab Solar verifies, in its reasonable judgment, that a Product does not comply with the Limited Warranties set forth above, then Silfab Solar will provide one of the remedies set out in Section 4.
If Silfab Solar determines, in its reasonable judgment, that the Products are not defective, Silfab Solar may invoice the Owner for the demonstrable costs of any testing that Silfab undertook to assess the alleged defect and the Owner will pay such invoice within 15 days of receipt. All costs of shipping the applicable Products back to the Owner will be the sole responsibility of the Owner.
The Owner has the right to pursue claims under each of the Limited Warranties; provided, however, that if
claims arise under multiple Limited Warranties from a single incident, then if Silfab Solar remedies such
incident, Silfab Solar shall be deemed to have resolved all applicable Limited Warranty claims arising from such incident.
8. Certain Additional Disclaimers and Limitations
THE REMEDIES IN SECTION 4 ARE SILFAB SOLAR’S SOLE AND EXCLUSIVE OBLIGATIONS AND THE PURCHASER’S SOLE AND EXCLUSIVE REMEDIES FOR A BREACH OF THE LIMITED WARRANTIES. THE OWNER ACKNOWLEDGES AND AGREES THAT IT MAY NOT MAKE ANY OTHER CLAIM AGAINST SILFAB SOLAR OR ITS AFFILIATES, WHETHER IN CONTRACT, IN TORT OR OTHERWISE AT LAW OR EQUITY, IN CONNECTION WITH DEFAULTS AND DEFECTS COVERED BY THE LIMITED WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITED WARRANTIES SET FORTH HEREIN ARE IN LIEU OF AND EXCLUDE ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, USE OR APPLICATION, AND ALL OTHER OBLIGATIONS ON THE PART OF SILFAB SOLAR, UNLESS SUCH OTHER WARRANTIES AND OBLIGATIONS ARE AGREED TO IN WRITING BY SILFAB SOLAR.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SILFAB SOLAR HEREBY DISCLAIMS AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR, DAMAGE OR INJURY TO PERSONS OR PROPERTY
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OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO ANY OF ITS PRODUCTS OR THEIR USE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SILFAB SOLAR BE LIABLE TO THE OWNER, OR TO ANY THIRD PARTY CLAIMING THROUGH OR UNDER THE OWNER, FOR ANY LOST REVENUE OR PROFITS, LOSS OF USE, LOSS OF GOODWILL, OR EQUIPMENT DOWNTIME, OR FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, HOWSOEVER ARISING, RELATED TO THE PRODUCTS, EVEN IF SILFAB SOLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THESE WARRANTY TERMS AND CONDITIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SILFAB SOLAR’S AGGREGATE LIABILITY, IF
ANY, IN DAMAGES OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE PAID TO SILFAB SOLAR BY THE PURCHASER FOR THE PRODUCT THAT GAVE RISE TO THE WARRANTY CLAIM.
THE PURCHASER ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL
ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH LIMITATIONS THE PURCHASE PRICE OF THE PRODUCTS WOULD BE SUBSTANTIALLY DIFFERENT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF REPRESENTATIONS, THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR THE LIMITATION OF HOW LONG A WARRANTY LASTS, IN WHICH CAS SUCH DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS WILL NOT APPLY. THESE LIMITED WARRANTIES GIVES THE OWNER SPECIFIC LEGAL RIGHTS; OWNERS MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
9. Force Majeure.
Silfab Solar shall not be held responsible or liable to the Owner or any third party arising out of any
nonperformance or delay in performance of any terms and conditions of these Limited Warranties, due to
industrial disputes, riots, mobs, fires, floods, wars, embargo, shortages of labor, power, fuel, means of
transportation or general lack of necessities (whether relating to Silfab Solar or its suppliers or subcontractors) or resulting from regulations or order of any government or governmental agency or any other circumstance beyond the control of Silfab Solar 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 Product(s) or the claim.
10. Governing Law and Disputes
Except to the extent prohibited by local applicable law, these warranty terms and conditions are governed by the laws of the Province of Ontario and the federal laws applicable therein. Any dispute with respect thereto shall be submitted to the courts in the judicial district of Toronto, Ontario.
The Owner shall bring no action, regardless of form, arising out of or in any way connected to the Limited
Warranties, more than one year after the Owner receives notice of Silfab Solar’s final decision regarding the applicable warranty claim.
September 11, 2019 p. 6
In the event that any provision of these warranty terms and conditions or any part thereof should be held to be invalid, illegal or unenforceable, such provisions shall be treated as severable and the remainder of these terms and conditions shall remain valid and enforceable.
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