Solaria PowerXT Warranty

©The Solaria Corporation. Rev7, July 2018
ia The Solaria Corporation / 6200 Paseo Padre Pkwy / Fremont, CA 94555 United States of America / T:+1 510-270-2500
3. WARRANTY EXCLUSIONS:
THIS LIMITED PRODUCT WARRANTY SHALL NOT APPLY
TO PRODUCTS THAT HAVE BEEN SUBJECT TO:
(a) Use that is not consistent with Products’ intended
purpose and in accordance with Products’ documentation;
(b) Misuse, damage, abuse, neglect or accident;
alteration, improper installation, application or removal,
placed or mounted in an unsuitable physical or operating
environment or maintained improperly; power failure or
voltage surges, lightning, flood, fire, accidental breakage or
other events outside Solaria's control;
(c) Use with equipment not authorized by Solaria,
including mirrors or other solar systems of any kind;
(d) Damage or corrosion resulting from negligence or
due to improper storage;
(e) Damage to serial numbers, markings, legends or
labeling, including being altered, defaced, or removed.
(f) Damage from external stress, in excess of the
Product’s certified capabilities related to falling rocks,
branches, roofing materials, hail or other debris;
(g) Cosmetic defects stemming from normal wear
and tear of the Product’s materials or external stains,
marks or scratches that do not affect performance or
functionality and physical abuse
(h) This limited product warranty shall not apply to
normal wear and tear, aging or natural degradation that
does not affect power output.
(i) Any error, omission or defects caused by third
party designs, data or technology;
(j) Defects that result in reduced power output but
does not render the power output of the Product below the
Solaria’s minimum warranted power output.
4. DISCLAIMER:
EXCEPT AS EXPRESSLY WARRANTED IN THIS LIMITED
PRODUCT WARRANTY, THE PRODUCT IS PROVIDED “AS
IS,” AND CUSTOMER’S USE THEREOF IS AT ITS OWN RISK.
SOLARIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY
AND ALL OTHER WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT, AND ANY
WARRANTIES ARISING FROM A COURSE OF DEALING,
USAGE, OR TRADE PRACTICE. SOLARIA DOES NOT
WARRANT THAT THE PRODUCTS WILL OPERATE
WITHOUT INTERRUPTION OR WILL BE DEFECT-FREE, OR
THAT THE PRODUCTS WILL MEET CUSTOMER’S
REQUIREMENTS.
5. LIMITATION OF LIABILITY:
IN NO EVENT SHALL SOLARIA’S LIABILITY ARISING OUT
OF OR RELATED TO THE PRODUCT OR CUSTOMER’S USE
OF THE PRODUCT EXCEED THE AMOUNT PAID BY
CUSTOMER FOR THE DEFECTIVE PRODUCT, AS
EVIDENCED BY THE ORIGINAL INVOICE. IN NO EVENT
SHALL SOLARIA BE LIABLE TO CUSTOMER, OR TO ANY
THIRD PARTY FOR ANY LOSS OF PROFITS, SALES,
BUSINESS, DATA OR OTHER INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, WHETHER ARISING IN CONTRACT, TORT,
NEGLIGENCE OR STRICT LIABILITY, EVEN IF SOLARIA HAS
BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN
OF THE LIKELIHOOD OF SUCH DAMAGES.
6. DISCLOSURE:
SOME JURISDICTIONS DO NOT ALLOW CERTAIN
DISCLAIMERS AND/OR LIMITATIONS SUCH AS THOSE SET
FORTH IN THIS LIMITED PRODUCT WARRANTY AND SUCH
DISCLAIMERS AND/OR LIMITATIONS MAY NOT APPLY.
7. GENERAL:
(a) This Limited Product Warranty is governed by the
laws of the State of California, without regard to its
conflicts of law provisions. Customer hereby consents to
the exclusive jurisdiction and venue of the state and
federal courts located in the Northern District of California
for all disputes related to the Products.
(b) All disputes arising hereunder must be brought by
Customer no later than one (1) year after the event giving
rise to the dispute occurred.
(c) The remedies in this Limited Product Warranty are
Customer’s sole and exclusive remedies and are in lieu of
all other remedies at law or in equity, notwithstanding any
failure of essential purpose.