WARRANTY

This Warranty applies to the supply and installation of the Solar Panel Modules, the Inverters and the Mounting supplied by 365 Solar Australia. The Warranty covers performance of the system, as a whole, for a period of 5 years, from the date of completed installation.

1. Warranty

*Please refer to the respective manufacturer’s warranty.

2. Conditions

The following conditions apply:

a. This Warranty will only apply to the original installation of the relevant 365 Solar Australia products and will immediately terminate upon the removal from the initial installation of such 365 Solar Australia products.

b. A photovoltaic solar panel module is not conforming with the Minimum Power Output Warranty, 365 Solar Australia may at its sole option, use re-manufactured, refurbished or new parts when repairing or replacing a photovoltaic solar panel module, to bring the aggregate power output to the level required by the Minimum Power Output Warranty. The solar panels removed under this condition will become the property of 365 Solar Australia.

3. Restrictions and Exclusions

This warranty will not apply in the following circumstances:

a. if any of the 365 Solar Australia Products are handled, maintained or modified in any way by any person other than a 365 Solar Australia installer or CEC accredited installer, approved by 365 Solar Australia.

b. If any of the 365 Solar Australia Products are handled or operated in any way other than in compliance with the current version of the manufacturer’s instructions, which include the repair or modification of any of the 365 Solar Australia Products by someone other than an appropriately skilled service technician; or

c. if, and when, any of the 365 Solar Australia Products are exposed to conditions which would normally be adverse or harmful to solar panel modules, inverters and mounting frames, including but not limited to:

i. removal or damage to the rating plate of an Inverter;

ii. damage caused by foreign objects, projectiles or debris (including hail or storm-related debris);

iii. any usage other than for the sole purpose of generating electricity for a [residential] building, unless approved in writing by 365 Solar Australia;

iv. conditions resulting from a defect in components which are not part of the 365 Solar Australia Products supplied and installed by or on behalf of 365 Solar Australia;

v. defects or injuries caused by, or resulting from, causes not attributed to faulty parts of the manufacturer of any of the 365 Solar Australia Products, including but not limited to, defect or injury caused by, or resulting from, alteration, misuse, abuse, neglect, accidental damage, improper voltage, vermin infestation, exposure to abnormally corrosive conditions, software, or any repairs, modification or alterations made to any of the 365 Solar Australia Product which are not authorised by 365 Solar Australia;

vi. conditions or defects arising directly or indirectly from installation in an aero, mobile, or marine environment, war, riots, destruction, fire, explosion, earthquake, storm, typhoon, cyclone, hurricanes, tornado, volcanic action, tidal wave, snowfall, freezing, salt damage, acid rain, power failures or surges, lightening, indirect lightening stroke, flood, damage by insect, animal;

vii. land subsidence, crack or landslide, accident, or abnormal environment or pollution, actions of third parties and other events that occur outside of 365 Solar Australia’s control and not occurring under normal operating conditions, or any phenomena that cannot be prevented with the technology available for practical use as at the Installation Date; or

viii. to issues which do not affect the basic performance capacity and power generating function of the 365 Solar Australia Products notwithstanding any external scratch or stain, or natural mechanical wearing which does not represent a defect of the Solar Power Module or inverter, corrosion, mould, deterioration, discoloration, and any other factor of similar kind or nature that occurs after delivery of the module or inverter, or does not affect the structure, mechanical strength due to slight corrosion.

4. Miscellaneous

a. This Warranty is in addition to, and in no way limits, varies or excludes any express and implied rights and remedies the warranties provided for the component parts.

b. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

c. Subject to clause 3 (c), 365 Solar Australia will not be liable for any incidental, consequential, or punitive damages, including but not limited to loss of use, loss of profits, loss of production and loss of revenues, in any possible way, connected or associated with the 365 Solar Australia Products or the installation of the 365 Solar Australia Products.

d. Subject to the rights and remedies of an Owner under law which cannot be limited, 365 Solar Australia’s liability under this Warranty is limited (at 365 Solar Australia’s sole discretion) to:

i. replacement of the relevant 365 Solar Australia Products, or resupply of installation services;

ii. payment of the cost of replacement of relevant 365 Solar Australia Products or resupply of installation services;

iii. repair of the relevant 365 Solar Australia Products; or

iv. payment of the cost of having the relevant 365 Solar Australia Products repaired.

e. Other than as expressly set out in this Warranty, and the warranties that cannot be excluded under The Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (and any other law), 365 Solar Australia excludes all other warranties and guarantees with regards to the 365 Solar Australia Products, including all implied warranties and guarantees.

5. Claims and Questions

For any claims or questions in relation to this Warranty, contact:

365 Solar Australia

8 Dexter Drive, Epping VIC 3076

Email: info@365solar.com.au

Telephone: 1300 365 765

*Please retain all sales documentation, as they should be produced to validate any warranty claim.