Warranty

LIMITED WARRANTY
REV. 050114
2 / 4
allegedly causing the breach. Notwithstanding
anything to the contrary herein, Jinko shall be
entitled, in Jinko’s sole discretion upon written
notice to Customer, to require that any breach
of the Warranties alleged by Customer be
reviewed by TÜV Rheinland, TÜV SUD or other
neutral third party testing laboratory selected
by Jinko and approved by Customer, such
approval not to be unreasonably withheld or
delayed (“Independent Testing Lab”). The
power measurement tolerance of any testing
equipment utilized by any Independent Testing
Lab in performing tests required by this Section
5 shall be disclosed in writing to both Parties
prior to performance of any such tests and shall
be reflected in any final test results provided by
the Independent Testing Lab. The
determination by an Independent Testing Lab
as to whether a breach has occurred shall be
final and conclusive with respect to the matters
covered by such determination. Jinko shall be
responsible for all costs incurred by it in
connection with the shipment by Customer of a
Module pursuant to Section 5(i) hereto and any
Independent Testing Lab’s services provided
pursuant to this Section 5, including shipping,
testing services, storage, insurance and any
Module destruction incidental thereto;
provided, however, Customer shall promptly
upon receipt of notice indemnify Jinko for all
such costs on a dollar-for-dollar basis in the
event the Independent Testing Lab is unable to
confirm a breach of the Warranties or Customer
is otherwise unable to establish a breach of the
Warranties.
6. REMEDIES. In Jinko’s sole discretion, Jinko
shall repair, replace or provide additional
modules compensating for the related power
loss for any Module which causes a breach of
the Warranties. Additional, repaired or
replacement Modules shall be delivered to the
same destination and on the same INCOTERMS
2010 delivery basis that the original Module
causing breach of the Warranties was delivered
under the purchase agreement to which this
Limited Warranty applies. Replaced Modules
received by Jinko pursuant to Section 5 shall be
the sole property of Jinko. Jinko shall be solely
responsible for all shipping costs incurred
performing its additional supply, repair or
replacement obligations under this Section 6.
Additional or replacement Modules shall be of
the same type and physical form as the original
Module, electrically compatible with the
original Module, and have an electrical output
of not less than the warranted power output of
the original Module at the time of supply or
replacement, based on the warranted
degradation rates set forth at Section 3 hereto.
Notwithstanding the foregoing, if Jinko no
longer supplies Modules meeting the foregoing
criteria, then additional or replacement
Modules provided under this Section 6 shall be
those Modules then supplied by Jinko most
substantially meeting the foregoing criteria.
Jinko’s performance of any repair, replacement
or additional supply pursuant to this Section 6
shall not extend the term of any Warranties.
7. EXCLUSIONS. This Limited Warranty is subject
to the exclusions set forth in this Section 7. The
Warranties shall not apply to any Module which
has been: (a) altered, repaired or modified
without the prior written consent of Jinko or
otherwise inconsistent with Jinko’s written
instructions; (b) removed and re-installed at any
location other than the physical location in
which it was originally installed following
purchase by Customer or receipt from Jinko as a
replacement Module; (c) subject to misuse,
abuse, neglect, or accident except as may be
caused by Jinko in the course of storage,
transportation, handling, installation,
application, use or service; (d) subject to force
majeure, electrical surges, lightning, flood, fire,