GENERAL TERMS AND CONDITIONS OF WARRANTY Limited warranty on PV modules

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GENERAL TERMS AND CONDITIONS OF WARRANTY Limited warranty on PV modules 1. DEFINITIONS 1.1 In these General Terms and Conditions of Warranty, we use the following terms with the stated definitions.

provides a limited warranty on the operation and equipment of PV module(s) and accessories during normal use. c. Limited Peak Performance Warranty: The limited warranty that Solarclarity B.V. provides for the peak perfor mance of its product(s).

1 GENERAL TERMS AND CONDITIONS OF WARRANTY Limited warranty on PV modules 1. DEFINITIONS 1.1 In these General Terms and Conditions of Warranty, we use the following terms with the stated definitions. Defined terms are indicated in the subsequent text with a capital letter. a. Purchase price: The price that the End User/Buyer has paid for the product. b. Limited Product Warranty: Solarclarity B.V. provides a limited warranty on the operation and equipment of PV module(s) and accessories during normal use. c. Limited Peak Performance Warranty: The limited warranty that Solarclarity B.V. provides for the peak perfor mance of its product(s). d. End User/Buyer: A person or party that issues the order to Solarclarity B.V. to provide advice and/or supply and install PV module(s). e. Photovoltaic modules: Solarclarity Solar panels. f. Warranty Claim: A request from the Buyer to make a claim in accordance with the warranty issued by Solarclarity B.V. g. Warranty Period: The period beginning on the date of purchase by the End User/ Buyer. h. Installation: The actual provision and installation of the product at a location indicated by the End User/Buyer. i. Mono PV-Module: A PV module where the crystals are all in the same direction. j. Contract: Every contract for the delivery of PV modules and/or installations thereof between Solarclarity B.V. and the Reseller/Distributor and/or the End User/Buyer. k. Parties: The End User/Buyer and Solarclarity B.V. jointly. l. Peak Performance: The peak performance in watts generated by a photovoltaic module at the maximum performance point. m. Poly PV-Modules: A PV module where the crystals cross each other.

2 n. Product(s): PV module(s), solar heater and/or other items and accessories such as transformers, cabling and installation equipment. o. PV-module(s): Solarclarity solar panels. p. Solarclarity B.V: Wholesaler and distributor of PV products (photovoltaic systems), established in Weesp and registered in the trade register of the Chamber of Commerce under number q. Standard Test Conditions (STC): The determination of the actual yield of solar panels is done according to Standard Test Conditions. These are as follows: (i) light spectrum of AM1.5, (ii) irradiance of 1000 W/m2, and (iii) a cell temperature of 25 degrees Celsius. r. Reseller/Distributor: A party or person who sells the Product again to other dealers or consumers. 2. APPLICABILITY OF THESE TERMS AND CONDITIONS 2.1 These terms and conditions apply to all contracts of Solarclarity B.V. 2.2 The End User/Buyer may only take recourse to stipulations deviating from these conditions if and to the extent that these are accepted in writing by Solarclarity B.V. 2.3 Solarclarity B.V. provides a Limited Product Warranty applicable to PV modules and applicable solely to the original End User/Buyer and the subsequent owner(s) of the location where the PV modules were originally installed. 2.4 With regard to the Limited Warranty on Peak Performance, the Peak Performance in watts applies that a PV module generates at the maximum performance point under STC. The power actually delivered by the PV modules will be established for verification solely under STC. The measurement of the actually issued power will be carried out either by Solarclarity B.V. or by an authorized third-party tes ting body recognised by Solarclarity B.V. Test equipment tolerances will be applied to all actually is sued power measurements. 2.5 The effective date of the Limited Product Warranty and the Limited Warranty on Peak Performance is the date of purchase by the original End User/Buyer.

3 3. THE WARRANTY 3.1 The Limited Product Warranty provided by Solarclarity B.V. and the Limited Warranty on Peak Performance only cover claims from the End User/Buyer that are received in writing by Solarclarity B.V. during the Warranty Period. 3.2 The transport costs related to defective PV modules or repaired or replaced PV modules will be borne in equal shares by Parties, whereby the End User/Buyer shall pay the costs of installation, removal or re-installation of the PV system. The Limited Product Warranty and the Limited Warranty on Peak performance therefore cover the transport costs for the return of the repaired or replacement module(s) to the location of the End User/Purchaser, but do not cover transport costs and risks, including transport damage or loss before the return of the module(s) to Solarclarity B.V. or an authorized agent of Solarclarity B.V. and any other costs of installation, removal or reinstallation of the module(s). If a module that has been returned to Solarclarity B.V. proves not to be defective or if the Warranty Period has passed, the End User/Buyer is responsible to pay the return costs. 3.3 With regard to claims in the context of a warranty, the original invoice must be submitted. 3.4 Repair or replacement of PV modules and/or other components will not result in an extension of the valid warranty period; the original warranty period still applies. 3.5 The claims on the warranties as referred to in article 4 and article 5 of these General Warranty Terms and Conditions constitute the only claims for the End User/Buyer. 3.6 The Warranty Period of PV modules used for purposes not placed on land is limited to twelve (12) years with a separate warranty policy. 4 LIMITED PRODUCT WARRANTY OF TEN YEARS; REPAIR REPLACEMENT OR REFUND 4.1 a. Solarclarity B.V. guarantees for a period of 10 years (120 months), commencing on the effective date of the warranty, that its photovoltaic modules/pv modules, including field DC connectors, cables and assembly equipment are free of material defects during normal application, instal lation, use and maintenance conditions. b. Color differences or color changes are not considered as manufacturing defects and are therefore exempt from the Ten Years Limited Product Warranty. Moreover, changes in the PV Modules appearance, which include but not limited to scratching, stains, mechanical wear-out, oxidation, mold, color change, or any other change attributable to or caused by the normal wear and tear over time, are not considered as defects and shall therefore be exempt from the Ten Years Limited Product Warranty. 4.2 If the PV module(s) are not consistent with this warranty during the warranty period then Solarclarity B.V. shall, according to its own judgment, either repair or replace the product or refund the purchase price that the End User/Buyer paid for it.

4 4.3 The 10 year limited product warranty for PV module(s) provides no guarantee for a specific peak performance; this is only covered in article 5 ( Limited Peak Performance Warranty ). Measurements are carried out in accordance with IEC60904, according to the calibration and testing standards as used by international institutions accredited for this. 5 LIMITED WARRANTY ON PEAK PERFORMANCE 5.1 If the PV module is used in normal application, installation, use and maintenance conditions as specified in the product documentation of Solarclarity B.V. and according to article 3, the following Limited Warranty on Peak Performance is issued by Solarclarity B.V. A. Limited warranty on peak performance in the first year 5.2 Solarclarity B.V. guarantees for a period of one (1) year from the date of the guarantee a minimum peak performance of not less than ninety-seven percent (97%) for PV modules. 5.3 If the module does not reach the above mentioned guaranteed peak performance, Solarclarity B.V., according to its own judgment, may either a) deliver additional PV modules to the End User/Buyer, or b) repair the PV modules performing under capacity, in both instances to return the actually discharged power to the stated guaranteed level, or c) provide monetary compensation, which is calculated by multiplying (x) the difference between the guaranteed minimal peak performance and the actual peak performance measured under STC times by (y) the market price of the module or a com parable module at the time of the claim from the End User/Buyer. B. Limited warranty on peak performance in the second year to the twenty-fifth year 5.4 Solarclarity B.V. guarantees for a period from the second (2nd) year to the twenty-fifth (25th) year that the actual peak performance shall annually not decrease more than 0.70% for PV modules. 5.5 If there is a decrease greater than the above percentages, Solarclarity BV, according to its own judgment, will a) deliver additional PV modules to the End User/Buyer, or b) repair the PV modules performing under capacity, in both cases in order to return the actually discharged power to be discharged to the stated guaranteed level, or c) effect monetary compensation, which is calculated by multiplying (x) the difference between the guaranteed minimum peak performance and the actual peak performance measured under STC by (y), the market price of the module or a comparable model at the time of the claim from the End User/Buyer. 5.6 Solarclarity B.V. guarantees the discharged performance of the PV modules as stated below for a period of twenty-five (25) years calculated from the commencement date of the warranty. If the minimum peak performance at STC for PV modules decreases to less than eighty point two percent (80.2%) of the certified classification of the power output then Solarclarity B.V. will, according to its own judgment, a) deliver additional PV modules to the End User/Buyer, or b) repair the PV modules operating under specifications, in both cases in order to return the actually discharged power to the

5 stated guaranteed level, or c) effect monetary compensation, which amount is calculated by multiplying (x) the difference between the guaranteed minimum peak performance and the actual peak performance measured under STC by (y), the market price of the module or a comparable model at the time of the claim from the End User/Buyer. C. ASSERTION OF WARRANTY CLAIM 5.7 You may asset a warranty claim under clause 4 and clause 5 above only by informing Solarclarity BV of the alleged defect in writing. Any written notification of defect must include the date of purchase of the Product(s) and be accompanied by the original sales receipt as evidence of the purchase. For a warranty claim to be valid, the written claim must be submitted within four (4) weeks of the occurrence of the defect. In the case of Limited Product Warranty claims under clause 4 above, the occurrence of a defect is the first date upon which end user/customer had knowledge of material and/or workmanship errors. In the case of Limited Power Warranty claims under clause 5b above, the occurence of a defect is the first date upon which end user/customer had knowledge of reduced perfor mance of the Product(s). Any return of Product(s) shall be subject to Solarclarity BV s prior written approval. 6 EXCLUSIONS AND LIMITATIONS 6.1. Warranty claims must in any event be filed within the applicable Warranty period. The warranty terms set forth in clause 4 and clause 5 above start on the date of original purchase of the Products Warranty claims may only be made by, or on the behalf of, the end user/customer, or a person to whom title has been transferred for the Product(s) All right, title, and ownership in and to Product(s) that have been replaced pursuant to this Limited Warranty shall remain or revert to Solarclarity BV. 6.4 The limited warranties as meant in article 4 and 5 of these General Terms and Conditions of Warranty do not apply to defective PV modules which, according to the judgment of Solarclarity B.V., demonstrate damage or defects caused by one of the following factors: a. Abuse, misuse, negligence or accident; b. Alteration, improper installation or application; c. Failure to comply with the installation, use and maintenance instructions of Solarclarity BV; d. Repair or modifications by a third party other than a service technician approved by Solarclarity BV; e. Inappropriate handling during storage, packaging or transportation; f. External shock such as flying objects or external stress;

6 g. Removal from the original place of installment; h. Environmental pollution such as soot, salt damage, or acid rain; i. External stains or scratches that do not affect output; j. Sound, vibration, rust, scratching, or discolorations that are the result of normal wear and tear, aging or continuous use; k. Power failure, high waves, lightning, flood, earthquake, fire, other external sources (including dirt, smoke, salt, chemicals, close to sea etc.), accidental breakage or other events beyond the influence of Solarclarity B.V, any move and subsequent installation of the Product(s), end user/customer system defects or incompatibility of the end user/customer or third party equipment with the Product(s) if such defects or incompatibility lead to Product(s) defects and/or a loss in Product(s) performance. l. Modification or removal of the serial number of the PV modules. 6.5 Solarclarity B.V is not responsible or liable toward the End User/Buyer or any third party for any defect or a delay in implementation, direct or indirect, caused by matters over which Solarclarity B.V. has no control, including force majeure, fire, flood, epidemic, riot, strike, limitations, embargoes, the impossibility of obtaining suitable manpower or materials or unforeseeable events or actions of a comparable nature. 6.6 This Limited Warranty does not cover any transportation costs for return of the Product(s), or for reshipment of any repaired or replaced Product(s), or cost associated with installation, removal or reinstallation of the Product(s). 6.7 Solarclarity BV reverses the rights to further revise this Limited Warranty as described at any time without further notice. 7 LIMITATION OF WARRANTY SCOPE 7.1 SUBJECT TO THE LIMITATIONS UNDER APPLICABLE LAW, THE LIMITED WARRANTIES SET FORTH HEREIN ARE EXPRESSLY IN LIEU OF AND EXCLUDE ALL OTHER EXPRESS OR IMPLIED WARRAN- TIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR PARTICULAR PURPOSE, USE, OR APPLICATION, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF SOLARCLARITY BV, UNLESS SUCH OTHER WARRANTIES, OBLIGATIONS OR LIABILI TIES ARE EXPRESSLY AGREED TO IN WRITING SIGNED AND APPROVED BY SOLARCLARITY BV. 7.2 SOLARCLARITY BV SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THE PRODUCT(S), INCLUDING, WITHOUT LIMITATION, ANY DEFECTS IN THE PRODUCT(S), OR FROM USE OR INSTALLATION THEREOF. UNDER

7 NO CIRCUMSTANCES SHALL SOLARCLARITY BV BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, HOWSOEVER CAUSED, LOSS OF USE, OSS OF PROFITS, LOSS OF PRODUC TION, LOSS OF REVENUES ARE THEREFORE SPECIFICALLY BUT WITHOUT LIMITATION EXCLUDED. 7.3 SOLARCLARITY BV S AGGREGATE LIABILITY, IF ANY, IN DAMAGES OR OTHERWISE, SHALL NOT EX CEED THE PURCHASE PRICE WHICH HAS BEEN PAID TO SOLARCLARITY BV BY THE CUSTOMER, FOR THE UNIT OF PRODUCT(S) OR SERVICE FURNISHED OR TO BE FURNISHED, AS THE CASE MAY BE, WHICH GAVE RISE TO WARRANTY CLAIM. 8 OTHER PROVISIONS 8.1 If any provision of this contract is ineffective, the remaining provisions all retain their full effectiveness. In that case, parties shall replace the ineffective provision by an effective provision in accor dance with the objective and purport of this contract such that the new provision deviates as little as possible from the ineffective provision. 8.2 Dutch law applies to this contract. Any disputes shall be exclusively submitted to the competent Dutch court in Amsterdam. Solarclarity BV Flevolaan JX Weesp +31(0) denim@solarclarity.nl

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