Warranty

LIMITED WARRANTY CERTIFICATE FOR PHOTOVOLTAIC MODULES

This limited warranty is valid for the Products supplied on or after April 1st 2016 and shall continue to remain valid unless modified in accordance with the terms and conditions contained herein. Changes may be made without notice.

M/s Illusions4Real, having its registered office at D-104/2, Meera Marg, Bani Park, Jaipur- 302016 (Raj.) (“Illusions4Real”) provides the following limited warranties to its Buyers (as defined below), subject to the exclusions contained in Section 3, and in Section 4 hereof.

This warranty is only available to a customer who has purchased the Product(s) from Illusions4Real or from Illusions4Real’s authorized dealers/distributors and has installed such Product for its own use (“Buyer”) as an integral part of the solar plant of the Buyer. In case of transfer of ownership of the Product by the Buyer, the Warranty for the Product shall continue to be applicable so long as such Product continues to remain physically installed in its first installation location in accordance with Clause 8 hereof.

Section1: Warranted product(s)

The limited warranty (“Warranty”) shall only apply to the modules (“Product(s)”) with a nominal power output of greater than or equal to 250W:
Section 2: Warranty Commencement Date

The Warranty commences from the earlier of
(i) date of delivery of the Product(s) to the Buyer; or (ii) 3 months after the date of dispatch of the Product(s) from the Illusions4Real factory premises (“Warranty Commencement Date”). A Buyer making a claim under this Warranty will have to demonstrate the delivery date by handing in their original invoice or sales receipt to establish the delivery date of the Product.

Section 3: Warranty Descriptions and Warranty Period

The Product(s), depending on their nominal power output indicated in the Product Data Sheet, will have the following product and the power output warranty:

(i) 5 Year Limited Product Warranty

Subject to terms, conditions and limitations contained herein, Illusions4Real warrants to the Buyer that for a period of five years commencing on the Warranty Commencement Date (as defined above), the Product(s):

(a) will be free from defects in design, material, workmanship or manufacture that materially impede their functioning; and

(b) will conform to the specifications and drawings of Illusions4Real which may change without notice

(ii) 25 Year Limited Power Output Warranty

Subject to terms, conditions and limitations contained herein, Illusions4Real warrants to the Buyer that for a period of twenty-five years commencing from the Warranty Commencement Date, the power output from the nominal power output specified in the relevant Product Data Sheet and measured at Standard Test Conditions (STC – Irradiance of 1000W/m2, spectrum AM of 1.5 and cell temperature of 25°C) for the Product(s) shall be upto 80% in the commencement of the twenty fifth year from the Warranty Commencement Date.

Subject to the terms and conditions contained herein, if during the Warranty Period the Product fails to conform to the conditions specified in Section 3 as applicable, the Buyer’s remedies shall be limited to those provided in Section 5 of this Warranty.

Section 4: Warranty Exclusion and Limitations

A. The Warranties provided herein do not include damage, malfunctions or service failures caused by or resulting from:

(i) inappropriate handling during transportation or storage or misuse, abuse, neglect or accident; (ii) negligent maintenance or non-performance of the periodic function checks of the system and/or failure to comply with any of the instructions detailed in the Illusions4Real’s installation manual for the concerned Product; (iii) installation of the Product and/or service of the Product or any part thereof by service technicians who are not appropriately qualified technically, or under the relevant law and/or applicable regulations; (iv) the Product’s type, nameplate or module serial number is fully or partly changed/ modified / altered, erased or made illegible (other than by any act of Illusions4Real); (v) the Product’s installation in a mobile device (except photovoltaic tracking system) or marine environment such as vehicles, ships, buoys, offshore structures, or used for unusual purposes, unless these exceptions are expressly permitted by the technical specifications stipulated by Illusions4Real; (vi) exposure to improper voltage or power surges or abnormal environmental conditions (such as acid rain or other pollution); (vii) force majeure events, forces of nature or climatic conditions, acts of violence, intervention by third parties or other external forces such as explosions, riots, war, terrorist attacks or theft, damage by animals, floods, avalanches, fire, storm, typhoons, hurricanes, lighting, or ground movements; (viii) use of defective components in the construction on which the Product is mounted; (ix) exposure to mold discoloration or similar external effects; (x) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of spare parts which are not manufactured or approved by Illusions4Real, influence from chemical products; and (xi) use of the Product(s) in such a manner as to infringe Illusions4Real’s or any third party`s intellectual property rights (e.g. patents, trademarks etc.).

B. Any deterioration in appearance of the Product (including any scratches, stains, mechanical wear, rust, breakage, or mold), or any other alterations to the Product which occurs after delivery to the Buyer, shall not and will not constitute a defect under in terms of this warranty.

C. Illusions4Real makes no warranties, expressed or implied other than the warranties made herein, and specifically disclaims all other warranties, merchantability or fitness for a particular purpose, even if it has been expressly made aware of the purpose of use of the Products.

D. Illusions4Real excludes its liability for any special incidental, consequential or punitive damages arising from the use or loss of use of, or failure of any of the Product(s) to perform as warranted, including but not limited to damages for lost services, lost profit or savings, and expenses whether or not arising out of third- party claims. Illusions4Real’s maximum liability under any warranty, expressed, implied, or statutory (including this Warranty), or for any manufacturing or design defects (including this Warranty), is limited to the actual purchase price of the Product reduced by

(i) an annual depreciation taking into account an anticipated life time of 25 years for the products (ii) all taxes, duties, insurance and transportation expenses (if any), received by Illusions4Real from the Buyer at the time of sale and installation of such Product will not become part of the liability. The Buyer’s exclusive remedy for breach of Warranty shall be only as stated herein.

E. Notwithstanding anything contained herein, Illusions4Real shall not in any circumstances be liable to the Buyer or any third party for the death of any person(s) or any loss, injury or damage to any person(s) or property by use of the Products.

Section 5: Remedies available under the Warranty

A. As Buyer’s sole and exclusive remedy under this Warranty, Illusions4Real will at its sole discretion with regard to the applicable Product either:

(i) refund the actual purchase price of the relevant Product(s) reduced by an annual depreciation taking into account an anticipated life time of 25 years for the product; or, (ii) repair the defective Product(s) at no charge, subject to the terms detailed Section 5(B) of this Warranty; or, (iii) replace the defective Product(s) or part thereof by a new or re-manufactured equivalent or better Product, at the sole discretion of Illusions4Real at no charge except one way freight cost, subject of the terms detailed Section 5(B) of this Warranty.

B. Replaced parts or Products will become the property of Illusions4Real and the Buyer shall have no right over such replaced parts or Products.

C. In the event of remedies under Section 5(A) (ii) or (iii) above, Illusions4Real shall not be liable for any insurance or transportation charges, customs clearance or any other costs incurred by the Buyer for returning the defective Product(s) to Illusions4Real and shipping the repaired or replaced product(s) to the Buyer. Further, Illusions4Real shall not be responsible for, and Buyer hereby agrees to be solely responsible for the costs and any ancillary expenses regarding any onsite labor and any costs associated with the installation, removal, reinstallation of the Product(s) or any components thereof for service under this Warranty.

D. The Warranty Period(s) as defined in Section 3 as applicable shall not be extended, altered or renewed upon the repair or replacement of a defective Product by Illusions4Real. It is clarified that the Warranty Period for replaced or repaired Product(s) is the remainder of the warranty on the original Product(s).

Section 6: Warranty claims and service

A. All warranty claims must be received by Illusions4Real within the Warranty Period for the claim to be valid. Subject to the aforesaid, all Warranty claims shall be made in writing to Illusions4Real within three months of first discovery of the defect. Any claim made after three months from the date on which the defect is discovered by the Buyer or ought have been discovered by the Buyer, will not be considered as a valid claim under this Warranty, even if such claim is made within the Warranty period.

B. All Warranty claims must be in writing and should be provided to Illusions4Real along with full and proper details of the purchase date, serial number of the Product, detailed description of the alleged defect, a copy of the corresponding invoice and other related documents evidencing that the claim is within the Warranty Period and in compliance with the terms of this Warranty.

C. The return of any defective Product(s) will not be accepted unless prior written authorization has been given by Illusions4Real in this regard.

D. Illusions4Real may, at its sole discretion appoint a reputable researcher from a test-institute (“Technical Expert”) to examine and verify any Warranty claims made by the Buyer in relation to a Product. The determination by the technical expert in relation to any Warranty claim or alleged defect in the Products will be final, conclusive and binding on the Buyer. If the products are found defective Illusions4Real will bear the cost of such testing, however if the products are found to be without defect then the Buyer will bear the cost of testing the product.

E. For information relating to Warranty claims/service, disposal and/or recycling options, the Buyer should contact his Illusions4Real distributor or contact the customer service representative. Illusions4Real customer service center contact numbers are available at the Illusions4Real website (i.e., https://www.solarmaxx.co.in)

Section 7: Force Majeure

Notwithstanding anything contained herein, Illusions4Real shall not be responsible or liable in any way to the Buyer or any third party for any non-performance or delay in performance under this Warranty due to occurrences of force majeure such as, war, riots, strikes, abnormal increase in the price of raw materials and other components of the Products, 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 the Product(s) or the notification of the relevant warranty claim under this Warranty.

Section 8: Warranty

The ‘Warranty for a Product shall be applicable so long as the Product continues to be physically installed at its first installation location. In case of transfer of ownership of the Product by the Buyer, the Warranty for the Product shall continue to be applicable so long as such Product continues to remain physically installed in its first installation location provided that such transfer shall not constitute a new warranty or commencement of a fresh time period during which the warranties set out herein apply nor any extension of any period of the Warranty as set out in Section 3 as applicable.

Section 9: Modification of Warranty

Unless modified in writing and signed by an authorized representative of Illusions4Real, the Warranty set forth herein is the only warranty by Illusions4Real applicable to the Products and no one is authorized to restrict, expand or otherwise modify this Warranty.

Section 10: Miscellaneous

A. It is clarified that correction of defects in the manner and for the period of time described in this Warranty shall constitute full and complete satisfaction of all warranties, liabilities and obligations of Illusions4Real to the Buyer with respect to the Product and shall constitute full and complete settlement of all claims of the Buyer against Illusions4Real, whether based on contract, tort or otherwise.

B. If any provision of this Warranty is held to be illegal, invalid, or unenforceable under any law, (i) such provision shall be fully severable; and (ii) this remaining provisions of this Warranty shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof.

C. Any dispute, controversy or claim arising out of or relating to this Warranty or the validity, interpretation, breach or termination thereof as may be designated as Dispute, including claims seeking redress or asserting rights under applicable law, shall, be resolved and finally settled in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as may be amended from time to time or its re-enactment (the “Arbitration Act”). The arbitral tribunal shall be composed of one/sole arbitrator mutually agreed upon however, in the event of non-agreement on sole arbitrator. The arbitral tribunal shall be composed of two arbitrators to be appointed by both the Parties and the third Arbitrator shall be appointed by the Arbitrators appointed by the Parties and for such Arbitration the seat of arbitration shall be in Jaipur, Rajasthan, India.

D. The provisions of this Warranty shall be governed by, and construed in accordance with the laws of India. The courts at Jaipur, Rajasthan, India, shall have the exclusive jurisdiction to settle any claim or matter arising under this Warranty, without giving effect to any conflict of laws.

E. This Warranty constitutes the entire arrangement between Illusions4Real and the Buyer with respect to the Product to the exclusion of all other understandings and assurances, either written or oral, and the same shall supersede all such other understandings and assurances.

Solar Water Heating Warranty Information:

- 2 years warranty.

- No warranty on breakage or physical damage.

- Warranty void if water is let directly into the non-pressure Solar Water Heater using a circulation pump, pressure pump or any similar water pumping system.

- Warranty void if any repair &/or replacement is carried out by unauthorized person or persons.

- Use of hard water will void warranty.

- Warranty void in case of improper use, mishandling of the Solar Water Heater.

- Original Invoice required in order to claim the said warranty.

- Jurisdiction is subject to Jaipur District only.

- Bad weather or natural calamities are out of our control and the customer should take cover like insurance. Damages caused due to nature are out of the scope of warranty.

- Third party damage in any circumstances are client’s responsibility.

- Any defects, if noticed by the customer should be reported to us immediately upon its knowledge. The Company shall be under no obligations under this warranty, if the company is satisfied that the defects are due to improper usage, negligence, any modifications/ alterations or tampering, over pressure, change of design/pattern of usage, accident, act of god or installation/repairs carried out by any person not duly authorized or by any reason beyond the control such as theft, war, earthquake, flood or storm & such other natural calamities like hailstorm, typhoon or cyclones, uprooting of trees or electric poles, wire & radio or T. V. Antennas etc. causing accidental damage to the system.

- Under this warranty, no responsibility is accepted for any consequential loss or damage caused by any defect.

- Any part, component or system replacement shall be granted in exchange of the defective part, component or system to us by the customer.

- The repairs or replacement, if any, shall be carried out by us or our authorized dealers or representative only within a reasonable time required for communication, processing the complaint, procurement of the component, transportation of material & deputation of a person for examination & determination of remedial action to be taken to solve the problem. It is essential that the customer should grant access to the company’s representative for examination of the solar water heating system in full and facilitate the repairs as & whenever convenient to the customer & the company’s representative.

- No fixed temperature warranty can be given on the systems, in view of the Geo-climatic & solar fluctuations. However, it is possible to achieve the hot water temperature ranging from 45 to 80 degree centigrade depending on the season of the year.