JinkoSolar-Global Limited Warranty (Rev112318) - EN
JinkoSolar-Global Limited Warranty (Rev112318) - EN
JinkoSolar-Global Limited Warranty (Rev112318) - EN
REV. 112318-LINEAR
Jinko Solar Import and Export Co., Ltd. (“Jinko”) Output; (b) for Mono Modules: (i) 3.0% in the first
generally provides the Warranties set forth year; (ii) 0.7% each year thereafter until that date
herein to the original purchaser and its permitted which is twenty-five (25) years following the
successors and assigns (“Customer”) with respect Warranty Start Date, at which time the Actual
to all solar photovoltaic modules sold by Jinko Power Output shall be not less than 80.2% of the
under purchase agreements signed on or after Nominal Power Output;
November 23, 2018 (“Modules”), subject to the (B) EAGLE/CHEETAH DUAL SERIES: (a) for Dual
terms and conditions herein (“Limited Poly Modules: (i) 2.5 % in the first year; (ii) 0.5 %
Warranty”). Jinko and Customer may hereinafter each year thereafter until that date which is thirty
be referred to each as a “Party” and collectively (30) years following the Warranty Start Date, at
as the “Parties”. which time the Actual Power Output shall be not
less than 83.0 % of the Nominal Power Output; (b)
1. WARRANTY START DATE. Jinko provides the for Dual Mono Modules (i) 3.0% in the first year;
Warranties set forth herein commencing upon (ii) 0.5% each year thereafter until that date which
the earlier of delivery of Modules to the original is thirty (30) years following the Warranty Start
purchaser thereof or that date which is one Date, at which time the Actual Power Output shall
hundred and eighty (180) days following the be not less than 82.5 % of the Nominal Power
Module manufacture date, as indicated by the Output; and
serial number [digit no. 7 – 12 (YYMMDD), (C) EAGLE/CHEETAH BIFACIAL SERIES: for P-Type
starting from the left side of the serial number] Bifacial Modules (i) 3.0% in the first year; (ii) 0.5%
for such Module (“Warranty Start Date”). each year thereafter until that date which is thirty
(30) years following the Warranty Start Date, at
2. LIMITED PRODUCT WARRANTY. Beginning on which time the Actual Power Output shall be not
the Warranty Start Date and terminating on that less than 82.5% of the Nominal Power Output.
date which is one hundred and twenty (120) Notwithstanding anything to the contrary herein,
months thereafter, Jinko warrants that the the Limited Power Warranty for EAGLE BIFACIAL
Modules and their respective DC connectors and SERIES Modules shall apply only to the front-side
cables, if any, shall be free from material defects power output of such Modules.
in design, materials and workmanship that affect
the performance of the Module (“Limited 4. POWER DEFINITIONS. “Nominal Power Output
Product Warranty”). Material defects shall not (PO0)” means the original manufactured
include normal wear and tear. nameplate specification of the Module,
expressed in Watts, as certified by Jinko and
3. LIMITED POWER WARRANTY. Jinko warrants indicated on the Module, excluding any specified
that the Degradation Rate shall not exceed the positive tolerance. “Actual Power Output (POt)”
following for the periods identified following the means the power output of the Module,
Warranty Start Date (“Limited Power Warranty”): expressed in Watts, at Watt peak that a Module
(A) EAGLE/CHEETAH SERIES: (a) for Poly- generates at a given point in time in a year after
crystalline Modules: (i) 2.5% in the first year; (ii) the Warranty Start Date (t) in its ‘Maximum
0.7% each year thereafter until that date which is Power Point’ under Standard Test Conditions,
twenty-five (25) years following the Warranty corrected for any measurement error (“STC”).
Start Date, at which time the Actual Power Output STC are as follows, measured in accordance with
shall be not less than 80.7% of the Nominal Power IEC 61215: (a) light spectrum of AM 1.5; (b) an
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LIMITED WARRANTY
REV. 112318-LINEAR
irradiation of 1000W per m2; and (c) a cell breach has occurred shall be final and conclusive
temperature of 25 degrees centigrade at right with respect to the matters covered by such
angle irradiation. The “Degradation Rate (DR)” determination. Jinko shall be responsible for all
shall be any positive amount calculated in costs incurred by it in connection with the
accordance with the following formula, shipment by Customer of a Module pursuant to
expressed as a percent: Section 5(i) hereto and any Independent Testing
Lab’s services provided pursuant to this Section 5,
DR = 1.00 – [(POt) / (PO0)] including shipping, testing services, storage,
insurance and any Module destruction incidental
5. CLAIMS. Customer shall bear the burden of thereto; provided, however, Customer shall
establishing a breach of the Warranties promptly upon receipt of notice indemnify Jinko
hereunder. If Customer believes there has been a for all such costs on a dollar-for-dollar basis in the
breach of the Limited Product Warranty or event the Independent Testing Lab is unable to
Limited Power Warranty (collectively, confirm a breach of the Warranties or Customer
“Warranties”), then Customer shall promptly, is otherwise unable to establish a breach of the
and not later than thirty (30) days after Warranties.
knowledge thereof, provide notice to Jinko
setting forth the following information related to 6. REMEDIES. In Jinko’s sole discretion, Jinko shall
the claim: (a) party making claim; (b) detailed repair, replace or provide additional modules
description; (c) evidence, including photographs compensating for the related power loss for any
and data; (d) relevant serial numbers; (e) Module which causes a breach of the Warranties.
Warranty Start Date; (f) Module type; (g) physical Additional, repaired or replacement Modules
address; (h) any additional evidence reasonably shall be delivered to the same destination and on
requested by Jinko; and (i) upon request from the same INCOTERMS 2010 delivery basis that
Jinko, the actual Module(s) allegedly causing the the original Module causing breach of the
breach. Notwithstanding anything to the Warranties was delivered under the purchase
contrary herein, Jinko shall be entitled, in Jinko’s agreement to which this Limited Warranty
sole discretion upon written notice to Customer, applies. Replaced Modules received by Jinko
to require that any breach of the Warranties pursuant to Section 5 shall be the sole property
alleged by Customer be reviewed by TÜ V of Jinko. Jinko shall be solely responsible for all
Rheinland, TÜ V SUD or other neutral third party shipping costs incurred performing its additional
testing laboratory selected by Jinko and approved supply, repair or replacement obligations under
by Customer, such approval not to be this Section 6. Additional or replacement
unreasonably withheld or delayed Modules shall be of the same type and physical
(“Independent Testing Lab”). The power form as the original Module, electrically
measurement tolerance of any testing compatible with the original Module, and have an
equipment utilized by any Independent Testing electrical output of not less than the warranted
Lab in performing tests required by this Section 5 power output of the original Module at the time
shall be disclosed in writing to both Parties prior of supply or replacement, based on the
to performance of any such tests and shall be warranted degradation rates set forth at Section
reflected in any final test results provided by the 3 hereto. Notwithstanding the foregoing, if Jinko
Independent Testing Lab. The determination by no longer supplies Modules meeting the
an Independent Testing Lab as to whether a foregoing criteria, then additional or replacement
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LIMITED WARRANTY
REV. 112318-LINEAR
Modules provided under this Section 6 shall be and received by the addressee. Mailed notices
those Modules then supplied by Jinko most and facsimile notices shall be addressed to the
substantially meeting the foregoing criteria. Jinko office located closest to the place of original
Jinko’s performance of any repair, replacement installation, as identified at
or additional supply pursuant to this Section 6 www.jinkosolar.com/contact.html. Notices by e-
shall not extend the term of any Warranties. mail should be sent to [email protected].
Customer shall promptly provide contact
7. EXCLUSIONS. This Limited Warranty is subject information upon request. For the avoidance of
to the exclusions set forth in this Section 7. The doubt, e-mail alone shall not constitute valid
Warranties shall not apply to any Module which notice pursuant to this Section 8.
has been: (a) altered, repaired or modified
without the prior written consent of Jinko or 9. LIMITS OF LIABILITY. NOTWITHSTANDING
otherwise inconsistent with Jinko’s written ANYTHING TO THE CONTRARY IN THIS LIMITED
instructions; (b) removed and re-installed at any WARRANTY, EXCEPT AS EXPRESSLY PROVIDED
location other than the physical location in which HEREIN, JINKO MAKES NO WARRANTIES,
it was originally installed following purchase by GUARANTEES OR CONDITIONS, EXPRESS OR
Customer or receipt from Jinko as a replacement IMPLIED, ARISING FROM OR RELATING TO THE
Module; (c) subject to misuse, abuse, neglect, or MODULES AND JINKO DISCLAIMS ANY
accident except as may be caused by Jinko in the WARRANTY OR GUARANTEE IMPLIED BY LAW,
course of storage, transportation, handling, INCLUDING IMPLIED WARRANTIES OF
installation, application, use or service; (d) PERFORMANCE, MERCHANTABILITY OR FITNESS
subject to force majeure, electrical surges, FOR A PARTICULAR PURPOSE AND IMPLIED
lightning, flood, fire, vandalism, tampering, WARRANTIES OF CUSTOM OR USAGE, ARISING
accidental breakage, or other events beyond FROM OR RELATING TO THE MODULES. THE
Jinko’s control, resulting in material damage to REMEDIES FOR BREACH OF THIS WARRANTY
the Module; (e) installed on mobile platforms ARE CUSTOMER’S SOLE AND EXCLUSIVE
(other than single- or dual-axis trackers) or in a REMEDIES ARISING FROM OR RELATING TO ANY
marine environment; (f) subject to direct contact BREACH OF THE WARRANTIES. IN NO EVENT
with corrosive agents or salt water; pest damage; SHALL JINKO BE RESPONSIBLE PURSUANT TO
or malfunctioning PV system components; or (g) THIS WARRANTY FOR ANY PERFORMANCE
used in a manner inconsistent with the version of ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL,
Jinko Installation Manual available at CUSTOMS, IMPORT DUTIES, EXPORT DUTIES,
www.jinkosolar.com on the date the Module is TAXES, REINSTALLATION COSTS, SPECIAL,
manufactured. The Warranties shall not apply to INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY
any Module for which the labels thereon OR CONSEQUENTIAL DAMAGES OF ANY NATURE
indicating type or serial number have been WHATSOEVER, INCLUDING LOSSES OR
altered, removed or made illegible. The Warranty DAMAGES CAUSED BY REASON OF LOSS OF USE,
shall not apply to Modules for which full and final LOSS OF PROFITS OR REVENUE, INTEREST
payment has not been received by Jinko. CHARGES (EXCEPT AS EXPRESSLY PROVIDED
HEREIN), LOSS OF BONDING CAPACITY, COST OF
8. NOTICE. Any notice required or permitted CAPITAL OR CLAIMS OF CUSTOMER DAMAGES,
under this Limited Warranty shall be in writing WHETHER LIABILITY ARISES AS A RESULT OF
and deemed to be properly given by the sender BREACH OF CONTRACT, TORT LIABILITY
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LIMITED WARRANTY
REV. 112318-LINEAR
(INCLUDING NEGLIGENCE), STRICT LIABILITY, BY whether oral or written, between them relating
OPERATION OF LAW OR IN ANY OTHER MANNER. to the subject matter hereof.
EXCEPT AS SET OUT IN THIS LIMITED WARRANTY,
JINKO SHALL HAVE NO RESPONSIBILITY OR 13. SEVERABILITY. If one or more provisions of
LIABILITY WHATSOEVER FOR DAMAGE OR this Limited Warranty are held to be
INJURY TO PERSONS OR PROPERTY, OR FOR unenforceable under applicable law, the Parties
OTHER LOSS OR INJURY RESULTING FROM ANY agree to renegotiate such provision in good faith.
CAUSE WHATSOEVER ARISING OUT OF OR In the event that the parties cannot reach a
RELATED TO THIS LIMITED WARRANTY. mutually agreeable and enforceable replacement
for such provision, then (a) such provision shall
10. ASSIGNMENT. Notwithstanding anything to be excluded from this Limited Warranty, (b) the
the contrary herein, this Limited Warranty is for balance of this Limited Warranty shall be
the sole and exclusive benefit of Customer and interpreted as if such provision were so excluded
there are no third party beneficiaries hereof; and (c) the balance of the this Limited Warranty
provided, however, subject to written notice to shall be enforceable in accordance with its terms.
and Jinko’s receipt of full and final payment for
the Modules, this entire Limited Warranty may 14. MISCELLANEOUS. The terms of this Limited
be assigned in whole but not in part to any person Warranty are conditioned upon their
or entity. Any permitted assignee of this Limited incorporation in a contractual agreement
Warranty shall execute such agreements as may between Jinko and Customer and are subject to
reasonably be requested by Jinko to confirm the modification when incorporated therein. Jinko
applicability of any term hereof as a condition to reserves the right to modify or update this
assignment. Limited Warranty at any time, with or without
notice.
11. LAW AND FORUM. Any dispute related to or
arising out of this Limited Warranty, including [END OF LIMITED WARRANTY]
without limitation any question regarding its
existence, validity, breach, or termination, shall
be referred to and finally resolved pursuant to
the governing law clauses and dispute resolution
procedures under the purchase agreement
between the original purchaser and Jinko. As a
condition to any obligation of Jinko hereunder,
Jinko may require any Customer seeking to
enforce this Limited Warranty to execute such
additional agreements as may reasonably be
required to enforce the terms of this Section 11.
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