Standard Limited Warranty

Solar Module Mounting Structures

This Standard Limited Warranty (“Warranty”) is applicable to the following type of Solar Module Mounting Structures (“MMS ”) manufactured and supplied by Arctech Solar Holding Co.,Ltd (“ARCTECH”):

a. Tracker System

b. Fixed Tilt Solar Module Mounting Structures

c. Seasonal Tilt Solar Module Mounting Structures

1.WARRANTY PERIOD

1) This Warranty shall become effective on the date (“Effective Date”) when the risk of loss and damage to the MMS are being transferred from ARCTECH to the CUSTOMER subject to the applicable INCOTERMS under the contract executed by ARTECH and the CUSTOMER for supply and provision of the MMS (“CONTRACT”).

2) The warranty period of each component of the MMS shall be as follows:

● Five (5) – YEAR from the Effective Date of REPAIR and REPLACEMENT REMEDY FOR THETRACKING SYSTEM

● Ten (10) – YEAR from the Effective Date of REPAIR and REPLACEMENT REMEDY FOR STRUCTURE CONPONENTS ONLY (TRACKING SYSTEM ’ s STRUCTURE CONPONENTS INCLUDED)

● FOR STRUCTURE COMPONENTS CORROSION PROTECTION PER THE CORROSION LEVEL OF ISO 9223 STANDARD DEFIND IN CONTRACT OR ITS RELATED ANNEXES OF THE CORROSION SPEED AND TECHNICAL SPECIFICATIONS.

● TWO (2) – YEAR from the Effective Date of REPAIR and REPLACEMENT REMEDY FOR BATTERIES.

ARCTECH warrants its MMS, if any, to be free from defect in materials and workmanship under normal application, installation, and use as well as service conditions. If MMS fails to conform to this warranty, during the warranty period of each component, ARCTECH will, at its option, either repair or replace the defective components. The repair and replacement remedy shall be the sole and exclusive remedy provided under this Warranty and shall not extend beyond the period set forth herein.

3) Defects does not include traces of corrosion/oxidation which might be visible on the cut and stamped faces on the parts fabricated by using materials of Pre-galvanized coated, Aluminum-zinc alloy-coated and Zinc-aluminum-magnesium alloy-coated, since there is no extra treatment for the cut and stamped faces, such occurrences are considered normal and will not compromise structural’ s strength and functionality.

4) The appearance and related characteristics inspection and explanation of hot dip galvanized steel products follow the standard Galvanized_ Steel_ Inspection_ Guide from American Galvanizers Association. Hot dip galvanized product coating thickness check follow the standard Hot dip galvanized coatings on fabricated iron and steel articles -Specifications and test methods (ISO 1461:2009)

5) ARCTECH could provide necessary services to CUSTOMER at CUSTOMER’s cost from the date of the expiration of the warranty period of each component.

2.EXCLUSIONS AND LIMITATIONS

1) In any event, all warranty claims must be received within the applicable warranty period of each component under the Warranty.

2) The Warranty does not apply to any MMS components which in ARCTECH's absolute judgment have been subjected to:

● Misuse, abuse, neglect or accident

● Alteration, improper installation or application

● Non-observance of ARCTECH’s installation and maintenance instructions

● Repair or modifications by someone other than an approved service technician of ARCTECH

● Warranty claims will not be honored if the identification marks (if have) of the MMS has been altered, removed or made illegible.

3) The Warranty applies in part to any of the following:

The design of MMS is provided by CUSTOMER. In this case, ARCTECH will only warrant the materials from defect according to the agreed standards between ARCTECH and the CUSTOMER.

3. LIMITATION OF WARRANTY SCOPE

This Warranty as set forth herein is expressly in lieu of and exclude all other express or implied warranties, including but not limited to warranties of merchantability and of fitness for particular purpose, use or application, and all other obligations or liabilities on the part of ARCTECH, unless such other liabilities or obligations are expressly agreed to in writing signed and approved by ARCTECH. 

ARCTECH shall have no responsibility or liability whatsoever for damage or injury to persons or property, or for other loss or injury resulting from any cause whatsoever arising out of or related to the MMS. Including without limitation, any defects in the MMS, or from use or installation. Under no circumstances shall ARCTECH be liable for incidental, consequential or special damages, however causes. Loss of use, loss of profits, loss of production, and loss of revenues are specifically and without limitation excluded.

4.CLAIM

If the CUSTOMER has a justified claim covered by this Warranty, an immediate notification directly to ARCTECH shall be filed by mailing a registered letter in writing to the address of ARCTECH listed hereunder, and, sending an email to the email address of ARCTECH listed hereunder. Together with the notification, the CUSTOMER should enclose the evidence of the claim with the corresponding part number of the MMS and the date on which the MMS have been purchased. As well as an invoice with clear indication of the purchase date, purchase price, stamp or signature of ARCTECH.

Upon receipt of such written claim, ARCTECH may in its sole discretion seek further verification of the CUSTOMER’s claim of a breach of the Warranty. Without limiting the foregoing, in accordance with written authorization and return packaging and shipping instructions from ARCTECH, the CUSTOMER can return defective or allegedly-defective MMS or the specific component of the MMS at the ARCTECH’s expense. The return of any MMS or any specific component of the MMS will not be accepted by ARCTECH unless prior written authorization has been given by ARCTECH and CUSTOMER has complied with the packaging and shipping instructions provided by ARCTECH.

If ARCTECH verifies in its reasonable judgment that MMS does not comply with the Warranty set forth above, then ARCTECH, at its sole option, will either repair the defective MMS or the specific component of the MMS and return it to the CUSTOMER at the CUSTOMER’s expense, or provide new or refurnished MMS or the specific component of the MMS to the CUSTOMER at the CUSTOMER’s expense, and reserve the right to charge the CUSTOMER the parts return freight that ARCTECH have already paid. The foregoing remedies state ARCTECH’s sole and exclusive obligation and ARCTECH’s sole and exclusive remedy to the Customer for a breach of the foregoing Limited Warranty.

5.SEVERABILITY

If a part, provision or clause of this Warranty, or the application thereof to any person or circumstance, is held invalid, void or unenforceable, such holding shall not affect and shall leave all other parts, provisions, clauses or applications of this Warranty, and to this end such other parts, provisions, clauses or applications of this Warranty shall be treated as severable.

6.DISPUTES

In case of dispute between ARCTECH and the CUSTOMER arising out of a warranty, a first-class international test-institute such as Fraunhofer ISE in Freiburg/Germany, TÜV Rheinland in Cologne/Germany or ASU Arizona State University or a first-class test-institute in China or any other similar institute as mutually agreed by both ARCTECH and the CUSTOMER shall be involved to judge the claim finally. The decision made by such institute shall be final and binding on ARCTECH and the CUSTOMER. All fees and expenses shall be borne by the CUSTOMER, if the institute decides that the MMS’s quality conforms to the agreed standards, otherwise it will be borne by ARCTECH.

7.VARIOUS

The repair or replacement of defective MMS or any specific component of the MMS or the supply of additional MMS does not cause the beginning of new warranty terms, nor shall the original terms of this Warranty be extended. Any replaced MMS or component of MMS shall become the property of ARCTECH made for their disposal. ARCTECH has the right to deliver another type (different in size, color, shape and/or other format) in case ARCTECH has discontinued producing the defective MMS or component of MMS at the time of claim, ARCTECH ensure that this kind of replacement does not affect the performance of the product.

8.WARRANTY TRANSFER

This Warranty is transferable when MMS remains installed in its original installation location.

9.FORCE MAJEURE

ARCTECH shall not be responsible or liable in any way to the Customer for any non-performance or delay in performance under this Warranty, to the extent that such non-performance or delay in performance is caused by an event or circumstance that is beyond the reasonable control of ARCTECH, without ARCTECH's fault or negligence, and which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable ("Force Majeure Event"). The Force Majeure Events includes but not limited to following events, such as natural disaster (Power failure surges, lightning, flood, fire, earthquake, typhoon, tsunami, snow damage and frost damage caused by low temperature etc.), the damage caused by surrounding environmental influence such as crustal movements and mud-rock flow, and the damage caused by accidental incidents such as war, riots, strikes, explosion, plague or other events outside ARCTECH’s control breakage.

10.VALIDITY

This Warranty is valid for all MMS dispatched out from ARCTECH’s factories no earlier than 1st January 2021. Unless it is substituted by an updated version or nullified by a notification issued by ARCTECH, this Warranty shall remain its validity. This Warranty will become null and void if the MMS is not installed at the location specified in the CONTRACT or transferred and reinstalled from the original installation site without written permission from ARCTECH.

This Warranty will not be invalidated by the content of the CONTRACT. Unless it is explicitly stated otherwise in the CONTRACT, this Warranty shall take the priority over any modified warranty or quality guarantee or equivalent terms in the CONTRACT. Any verbal representations intended to modify any ARCTECH’s warranties shall be invalid and unenforceable. ARCTECH has the right to change the Warranty whenever ARCTECH solely decides it is necessary. The CUSTOMER is deemed to be bound by the latest version of the Warranty automatically.

11.GOVERNING LAW

The clauses of governing law and dispute resolution under CONTRACT executed by ARCTECH and CUSTOMER shall be applicable to this Warranty. ARCTECH reserves the right of interpretation for this Warranty.

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ARCTECH

Add.: Unit A, 9/F, Building 6, No.269 Tongxie Road, Changning District, Shanghai, China 200335

Tel.: +86-21-6026 6830

Fax: +86-21-6026 6835

Email: service@arctechsolar.com Website: www.arctechsolar.com

Issue Date: 4th January 2021