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ML Solar, INC. Limited Warranty for Solar Products
Thank you for your interest in the products and services from ML Solar, Inc. By acquiring the products of ML Solar, Inc., you have purchased quality. As a sign of confidence in our quality, we are pleased to grant you with the following warranties for our photovoltaic products.
1. Limited Warranty
The products manufactured by ML Solar, Inc. (the “Warrantor”) are warranted to be free from defects in workmanship and materials under normal use and service. The warranty is in effect from the date of purchase by the user (the “Purchaser”). This limited warranty covers substantial defects in material or workmanship and performance. If any ML Solar, Inc. PV Module(s) fails to follow this Limited Warranty and any and all power loss is determined by the Warrantor’s technical support team then the Warrantor will either repair or replace the defective PV module(s) with a new or refurbished PV module(s). All replacements will be compatible with the original PV module(s) with an equal or even greater power rating (in some cases). If for any reason ML Solar, Inc. is unable to repair or replace the defective PV module(s) then a refund can occur. *Please note that all none ML Solar, Inc. or Infinium Solar Products or OEM PV modules will not be covered by ML Solar, Inc.’s limited material and workmanship warranty or ML Solar, Inc’s Limited Performance Warranty. Instead, outsourced PV modules will be covered under the original manufacturer’s warranty, if applicable, and OEM PV modules’ warranty will be determined at the time of purchase.
2. General Conditions for Warranty Claims
For Workmanship and Material Warranty: If the Purchaser experiences any defects in materials and workmanship under normal application, such as defects and/or failures due to manufacturing or due to materials, it is their responsibility to contact the Warrantor’s technical support team. The technicians will offer steps and procedures to test the PV module(s), repair the PV module(s) or require the Purchaser to ship the PV module(s) to the technical support team if needed. Based on the outcome, the warranty service will then be in effect.
For Performance Warranty: If the Purchaser experiences any difficulty with performance of their PV module(s), it is their responsibility to contact the Warrantor’s technical support team. If the PV module(s) is under performance warranty, the technicians will offer steps and procedures to test a product, repair a product or require the Purchaser to ship the product to the technical support team if needed. The power output volumes with be determined by ML Solar, Inc.’s standard measurement conditions. Based on the outcome, the warranty service will then be in effect. This warranty extends only to the original Purchaser. If gifted or resold the customer must go through the original Purchaser in order to claim warranty. Original order information is needed to claim warranty. If original order was shipped within the US, the Purchaser will be responsible for additional shipping costs out of the US. The Customer’s sole and exclusive remedy and the entire liability of the Warrantor, its suppliers and affiliates for breach of the warranty is, either to replace the PV module(s) or component parts of the PV module(s) and in some cases refund the PV module(s) cost. This warranty does not cover labor.
PV modules or components that have been serviced or replaced under their warranty period do not receive extended warranties. Instead, the serviced/replaced PV module(s) will abide to the original warranty period issued when first purchased. No employee, agent, dealer or any other person is authorized to give any warranties on behalf of the Warrantor, not expressly set forth in this limited warranty
2a. Infinium Products covered under this warranty:
3. Exclusions and Limitations
The warranty does not cover failures result from incorrect handling, product modifications, installation, conversion or additions, supplements, operation, natural elements (weather), excessive or deficient energy supply, chemicals, the effect of solid bodies or deliberate damage. If the Warrantor determines that the problem with the PV module(s) is not due to a manufacturing defect in the Warrantor’s workmanship or materials, or otherwise does not qualify for warranty repair, then the Purchaser will be responsible for all costs incurred by the Warrantor necessary to repair, replace and transport the PV module(s).
The warranty shall be asserted with the Warrantor in writing enclosing a copy of the invoice and a description of the defect/loss of performance within the warranty period. The Warrantor shall accept no returns of PV modules without the previous written request for this. Within five (5) business days of the date of notification, the Warrantor will provide the Purchaser with an RMA number and the location to which the Purchaser must return the defective PV module(s). Any PV module(s) returned for valid warranty service shall be shipped at the expense and risk of the Warrantor. The Purchaser must return the PV module(s) (or, if authorized by the Warrantor, the defective component parts), within fifteen (15) days after issuance of the RMA number. The Warrantor will be under no obligation to accept any returned PV module(s) that does not have a valid RMA number. All parts that the Warrantor replaces shall become the Warrantor’s property on the date the Warrantor ships the repaired PV module(s) or part back to the Purchaser.
The Warrantor will use all reasonable efforts within thirty (30) days of receipt of the defective PV module(s) to repair or replace such PV module. If a warranty claim is invalid for any reason, the Purchaser will be charged at the Warrantor’s then-current rates for services performed and will be charged for all necessary repairs and expenses incurred by the Warrantor. If the Warrantor determines that a warranty claim is valid, it will ship the repaired or replaced PV module(s) to the Purchaser at the Warrantor’s cost.
ML Solar, Inc. MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OR CONDITION ARISING OUT OF A COURSE OF DEALING, CUSTOMER OR USAGE OF TRADE. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL ML Solar, Inc. OR ITS AFFILIATES OR SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ML Solar, Inc. OR ITS AFFILIATE OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to you. Neither ML Solar, Inc. nor its affiliates or suppliers will be held liable or responsible for any damage or loss to any items or products connected to, powered by or otherwise attached to the Product. The total cumulative liability to the Purchaser, from all causes of action and all theories of liability, will be limited to and will not exceed the purchase price of the Product paid by the Purchaser. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.