Silfab Warranty

CS0010C Revision date: April 7, 2015
Page 4 of 5
The foregoing remedies state Silfab Solar’s sole and exclusive obligation and the Purchaser’s sole
and exclusive remedy for a breach of the foregoing limited warranty.
Not Independent Warranties
The Purchaser has the right to pursue claims under each of the warranties set forth above; provided,
however, that if claims arise under multiple limited warranties from a single incident, then if Silfab
Solar remedies such incident as set forth above, Silfab Solar shall be deemed to have resolved all
applicable warranty claims arising from such incident.
Disclaimers
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 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.
Limitation of Liability
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 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 PURCHASER, OR TO ANY THIRD PARTY CLAIMING THROUGH OR UNDER THE PURCHASER, FOR
ANY LOST PROFITS, LOSS OF USE, 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.
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 FURNISHED 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.