AEF Product Warranty
AEF Product Warranty
AEF Product Warranty
Warranted Products
Advance Future GmbH warrants that for a period of ten years commencing on the Warranty Start Date (as defined below) the
Product(s) will be free from defects in design with mutual recognition, material with mutual recognition, workmanship or
manufacture that materially impede their functioning, and will conform to the specifications and the drawings applicable thereto.
Any deterioration in appearance of the product, including any scratches, stains, mechanical wear, rust, mold, optical
deterioration - but excluding any deterioration in color-, and other changes, which occur after delivery to Buyer shall not
qualify as a defect hereunder, if and to the extent such deterioration does not result in a material impairment of the functioning
of the product. A claim in the event of glass breakage arises only to the extent that there was no external cause of the breakage.
In addition, Advance Future GmbH warrants that for a period of twenty-five years commencing on the Warranty Start Date loss
of power output of the
nominal power output specified in the relevant Product Data Sheet and measured at Standard Test Conditions (STC) for the
Product(s) shall not exceed: for Poly-crystalline Products (as defined in Sec. 1 a): 3% in the first year, thereafter 0.7% per year,
ending with 80% in the 25th year after the Warranty Start Date,
for Mono-crystalline Products (as defined in Sec. 1 b): 3.5% in the first year, thereafter 0.7% per year, ending with 80% in the
25th year after the Warranty Start Date.
The Warranty Start Date shall be defined as the date of delivery of the Product(s) to the Buyer or 12 months after the date of
Product(s) dispatch from AEF Energy sites, whichever date is earlier.
As Buyers sole and exclusive remedy under this Limited Warranty, AEF Energy will, in its sole discretion, either, with
regard to the applicable Product (or component thereof in the case of mounting product:
a) refund the then current market price of the relevant new Product(s) ;
b) repair the defective Product(s) at no charge (subject to the following paragraph); or
c) replace the defective Product(s) or part thereof by a new or re-manufactured equivalent at no charge (subject of the following
paragraph). In the event that AEF Energy opts for options (ii) or (iii), AEF Energy shall bear all insurance and transportation
charges (except air freight), customs clearance and any other coAEF for returning the defective Product(s) to AEF Energy and
shipping the repaired or replaced
Product(s) to Buyer. The coAEF and expenses for their removal, installation or reinstallation shall remain with Buyer.
The warranty period(s) as defined in Sec. 2 a) and b) shall not extend or renew upon the repair or replacement of a defective
Product by AEF Energy. The warranty period for replaced or repaired Product(s) is the remainder of the warranty on the
original new Product(s).
All other claims under this Limited Warranty against AEF Energy shall be excluded. Under no ircumstances will AEF Energy
be responsible for any special, incidental or consequential damages (including loss of profits, harm to goodwill or business
reputation, or delay damages) whether such claims are based in contract, warranty, negligence or strict tort. This exclusion
applies even if the remedies set forth below herein are deemed to have failed of their essential purpose, to the extent permissible
by law.
You may have specific legal rights outside this warranty. And you may also have other rights that vary from state to state.
This Limited Warranty does not affect sale of consumer goods, including without limitation, national laws implementing etc
Directive 99/44 or pursuant to the Magnuson Moss Warranty Act. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the limitations or exclusions in this Limited Warranty statement may not apply.
This Limited Warranty shall be construed as a separate warranty and independent from any other contractual arrangement with
third parties relating to the Product(s). It shall not affect any rights, obligations and remedies of the Buyer, if any, with regard to
third parties for defects or nonconformity or non-compliance of the Products, notwithstanding its legal basis. The rights and
remedies provided hereunder are in addition to any other rights and remedies against third parties to which Buyer may be
entitled by agreements with such third parties or by law.
The Buyer has the right to pursue claims under each of the warranties set forth above; provided that if claims arise under
multiple limited warranties from a single incident, then if AEF Energy remedies such incidents as set forth above, AEF Energy
shall be deemed to have resolved all applicable warrant claims arising from an incident.
Force Majeure
AEF Energy shall not be responsible or liable in any way to the Buyer for any non-performance or delay in performance under
this Limited Warranty due to occurrences of force majeure such as war, riots, strikes, unavailability of suitable and sufficient
labor, material, or capacity or technical or yield failures and any unforeseen event beyond its control, including, without
limitation, any technological or physical event or condition which is not reasonably known or understood at the time of the sale
of defective Product(s) or the notification of the relevant warranty claim under this Limited Warranty.
The Limited Warranty shall apply to Product(s) delivered to the Buyer from Aug.1st 2011.
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 AEF Energy unless such other warranties and obligations are agreed to in writing by AEF Energy. Some jurisdictions limit or
do not permit disclaimers of warranty, so this provision may not apply to the buyer.
Miscellaneous
Any amendments, supplements, subtractions, or alterations to the Limited Warranty shall be made in written form and become
valid upon the signature and the stamp of the authorized representatives of both parties. The valid amendments, supplements,
subtractions, or alterations shall form integral parts of the Limited Warranty shall have the same legal force as the original
Limited Warranty. The valid amendments, supplements, subtractions, or alter.