GUARANTEE CONDITIONS OF LEDVANCE GMBH FOR STANDARD PV MODULES

RELEASE: JANUARY 2024

Subject to the provisions of these Guarantee Conditions LEDVANCE GmbH, Parkring 1-5, 85748 Garching near Munich, Germany (hereinafter "LEDVANCE") grants to purchasers (as defined below) who have purchased a LEDVANCE labeled standard photovoltaic (hereinafter “PV”) module as per TABLE 1A or TABLE 1B below (including cables and connectors) the guarantee(s) specified in TABLE 1A (Limited Product Guarantee) and TABLE 1B (Limited Linear Power Guarantee). PV Modules including cables and connectors are hereinafter collectively referred to as “Product(s)”).

“Purchaser” shall mean the person or entity who has verifiably purchased a Product as per TABLE 1A or TABLE 1B during the effective period of these Guarantee Conditions, and within the Guarantee territory as per TABLE 2 (hereinafter "Guarantee Territory").

These Guarantee Conditions shall apply exclusively and exhaustively to the Products set forth in TABLE 1A and TABLE 1B from entry into force of these Guarantee Conditions and within the Guarantee Territory as per TABLE 2.

These Guarantee Conditions are an independent, voluntary and gratuitous service of LEDANCE which does not influence the agreements made between vendor and Purchaser.

TABLE 1a: LIMITED PRODUCT GUARANTEE FOR STANDARD PV MODULES - “FREEDOM FROM DEFECTS GUARANTEE”

GUARANTEE PERIOD GUARANTEE PRODUCTS
(Product Families)
12 Years* • PV MODULE MONOFACIAL P-TYPE
15 Years*
  • • PV MODULE BIFACIAL P-TYPE
15 Years* • PV MODULE MONOFACIAL N-TYPE
15 Years*
  • • PV MODULE BIFACIAL N-TYPE
* The guarantee period commences thirty (30) days after the date of the delivery note but no later than six (6) months after production date (the production date of the product is part of the serial number’s digits 6-11: yy/mm/dd).

TABLE 2: ENTRY INTO FORCE AND GUARANTEE TERRITORY

Entry into force of these Guarantee Conditions: November 1, 2022
Guarantee Territory: Countries within the european economic area (eea) as well as the following countries: Albania, Bosnia and Herzegovina, Kosovo, Moldova, Montenegro, North Macedonia, Serbia, Switzerland, Turkey, Ukraine and United Kingdom.

TABLE 3: GUARANTEES, CLAIM PROCESS, REMEDIES, EXCLUSIONS, MISCELLANEOUS

A. LIMITED PRODUCT GUARANTEE – “FREEDOM FROM DEFECTS GUARANTEE”
1. Subject to the provisions of these Guarantee Conditions, LEDVANCE guarantees to Purchaser that for a Guarantee Period of twelve (12) years Guarantee Products MONOFACIAL P-TYPE (see TABLE 1A above) will be free from defects in material and workmanship that have an effect on the Product’s functionality.

2. Subject to the provisions of these Guarantee Conditions, LEDVANCE guarantees to Purchaser that for a Guarantee Period of fifteen (15) years, Guarantee Products BIFACIAL P-Type (see TABLE 1A above) will be free from defects in material and workmanship that have an effect on the Product’s functionality.

3. Subject to the provisions of these Guarantee Conditions, LEDVANCE guarantees to Purchaser that for a Guarantee Period of fifteen (15) years Guarantee Products MONOFACIAL N-Type (see TABLE 1A above) will be free from defects in material and workmanship that have an effect on the Product’s functionality.

4. Subject to the provisions of these Guarantee Conditions, LEDVANCE guarantees to Purchaser that for a Guarantee Period of fifteen (15) years Guarantee Products BIFACIAL N-Type (see TABLE 1A above) will be free from defects in material and workmanship that have an effect on the Product’s functionality.
B. LIMITED LINEAR POWER GUARANTEE – “POWER OUTPUT GUARANTEE”
The Products have a performance specification regarding the power output to be achieved (hereinafter “Initial Guaranteed Pmax”) which can be found on the nameplate of each Product.

LEDVANCE assures the Purchaser that the Products will not decrease significantly during the Guarantee Period(s) stated above and therefore grants Purchaser Power Output Guarantees as described herein for the different Products.
In the event a Product fails to comply with the following Power Output Guarantees due to defects of the raw materials or the manufacturing process of a Product, Purchaser can assert a claim in accordance with TABLE 3 sec. C below.

1. Subject to the provisions of these Guarantee Conditions, LEDVANCE guarantees to Purchaser that for a Guarantee Period of twenty five (25) years (see TABLE 1B above), the loss of the power output of the Guarantee Products MONOFACIAL P-Type shall not exceed (i) 2% of the Initial Guaranteed Pmax (as defined above) in the first year of the Guarantee Period and (ii) 0.55% of the Initial Guaranteed Pmax for each year of the Guarantee Period after the first year, such that in the final year of the Guarantee Period the power output shall not be less than 84.8% of the Initial Guaranteed Pmax.

2. Subject to the terms and conditions of these Guarantee Conditions, LEDVANCE guarantees to Purchaser that for a Guarantee Period of thirty (30) years the loss of power output of the Guarantee Products BIFACIAL P-Type (see TABLE 1B above) shall not exceed (i) 2% of the Initial Guaranteed Pmax (as defined above) in the first year of the Guarantee Period and (ii) 0.45% of the Initial Guaranteed Pmax for each year of the Guarantee Period after the first year, such that in the final year of the Guarantee Period the power output shall not be less than 84.95% of the Initial Guaranteed Pmax.

3. Subject to the terms and conditions of these Guarantee Conditions, LEDVANCE guarantees to Purchaser that for a Guarantee Period of thirty (30) years, the loss of power output of the Guarantee Products MONOFACIAL N-Type (see TABLE 1B above) shall not exceed (i) 1% of the Initial Guaranteed Pmax (as defined above) in the first year of the Guarantee Period and (ii) 0.40% of the Initial Guaranteed Pmax for each year of the Guarantee Period after the first year, such that in the final year of the Guarantee Period the power output shall not be less than 87.40% of the Initial Guaranteed Pmax.

4. Subject to the terms and conditions of these Guarantee Conditions, LEDVANCE guarantees to Purchaser that for a Guarantee Period of thirty (30) years, the loss of power output of the Guarantee Products BIFACIAL N-Type (see TABLE 1B above) shall not exceed (i) 1% of the Initial Guaranteed Pmax (as defined above) in the first year of the Guarantee Period and (ii) 0.40% of the Initial Guaranteed Pmax for each year of the Guarantee Period after the first year, such that in the final year of the Guarantee Period the power output shall not be less than 87.40% of the Initial Guaranteed Pmax.

A Product’s Pmax shall be measured at Standard Test Conditions (hereinafter “STC”) according to International Electrotechnical Commission (hereinafter “IEC”) standard (Irradiance:1000W/m2; Air Mass Coefficient: AM 1.5; Cell Temperature: 25℃). The measurement of the Pmax shall be performed by LEDVANCE or a third-party laboratory designated by LEDVANCE.
C. GUARANTEE CLAIM PROCESS
1. The processing of a Guarantee claim, and the granting of the Guarantee benefit in accordance with the provisions of these Guarantee Conditions will be carried out by LEDVANCE for Guarantee claims in Germany.

2. For Guarantee claims in the Guarantee Territory outside of Germany the locally responsible LEDVANCE group company (“LEDVANCE Company”) will handle the claim.

3. To make a claim under a Guarantee as described in TABLE 1A (“Limited Product Guarantee”) or in TABLE 1B (“Limited Linear Power Guarantee”), the Purchaser must contact (i) LEDVANCE or, (ii) in case of a Guarantee claim outside of Germany, the relevant LEDVANCE Group Company within thirty (30) days upon discovery of the defect during the Guarantee Period (TABLE 1A / TABLE 1B), by email.

Therefore, Purchaser must fill in the complaint form included in these Guarantee Conditions (see download option below). The complaint form (PDF) must be sent to the local LEDVANCE email address published in the footer of the respective complaint form.

Only if requested by LEDVANCE, Product(s) shall be returned to:
 
LEDVANCE GmbH
CQM Department
Steinerne Furt 62
86167 Augsburg
Germany

or alternatively to the address communicated to Purchaser by LEDVANCE.

4. The complaint must contain the following mandatory information and documentation:
  •  
  • • The claimant (Purchaser): Company name (if any), First name, Surname, address, phone number, email
  • • Reason for the complaint incl. a detailed description of the defect
  • • Supporting materials, including photos and data
  • • Product details, in particular, without limitation: Product name, Product number (EAN) / Product identity code (IC), Product serial number, purchased quantity, claimed quantity
  • • Installation location / site of the Product(s), if applicable
  • • Installation information, if applicable
  • • Copy or a scan of the invoice for the Product(s) issued to Purchaser, or copy or scan of the delivery note for the Product(s) issued to the Purchaser
  • • Other supplementary information required by LEDVANCE.

5. If Purchaser fails to notify LEDVANCE and/or to provide the relevant information in the above list of items according to the above requirements, LEDVANCE has the right to refuse to process the relevant claims until Purchaser provides the relevant information as required by LEDVANCE.

6. After LEDVANCE receives the Purchaser's claim and complete information material, LEDVANCE will review and evaluate the relevant claim request.

7. At LEDVANCE’s request Purchaser shall:
i. return the Product(s) in question to LEDVANCE in accordance with the return material authorization (hereinafter “RMA”) issued by LEDVANCE,
ii. not cause any damage to the Product(s) by the disassembly,
iii. adhere to LEDVANCE Returned Goods Packaging and Shipping Guidelines, provided by LEDVANCE, and
iv. arrange for transport of the Product(s).
 
8. Upon LEDVANCE’s acceptance of the delivery of a returned Product, title to such Product is transferred to LEDVANCE. If any Product(s) are returned other than in compliance with the above return process, or if LEDVANCE cannot verify the reported defect, then LEDVANCE may in its discretion return such Product(s) to Purchaser at Purchaser’s expense, with the risk (including but not limited to damage and loss of the goods) and any cost of the related Product resulting from damage or loss being borne by Purchaser.

9. LEDVANCE reserves the right to verify the cause of the Product(s) failure or power loss itself and/or have it determined by an independent third-party testing laboratory

of LEDVANCE’s choice. Third party measurements shall be conducted under STC in accordance with IEC standard (Irradiance:1000W/m2; Air Mass Coefficient: AM 1.5; Cell Temperature: 25℃), taking into account a +/- 3% measurement tolerance.

10. LEDVANCE will pay for the costs associated with the third-party testing unless the results demonstrate no actual Product failure or power loss as provided herein, in which case LEDVANCE reserves the right to charge Purchaser for such costs.

11. A Guarantee claim regarding a Product can only be asserted by Purchaser.

12. Purchaser may only make one claim regarding the same Product due to any Product quality issue based on these Guarantee(s) and may not make repeated claims based on the same quality issue for the same Product.
D. REMEDIES
The granting of one of the following Guarantee benefits does not extend or renew the original Guarantee Period. For example, the Guarantee Period of replaced Products shall be the remaining Guarantee Period of the original Product(s). Any replaced Products shall become the property of LEDVANCE made for their disposal. If the defective Product is no longer produced, cannot be supplied or has been withdrawn from the market, LEDVANCE has the right to provide similar products (similar product size, specifications, and power range) as replacement for the defective Product(s), but the performance of the new product shall not be lower than the original performance of the defective Product(s).

LIMITED PRODUCT GUARANTEE - “FREEDOM FROM DEFECTS GUARANTEE”
If LEDVANCE confirms that a Product has failed to comply with the Limited Product Guarantee described in TABLE 3 sec. A, and Purchaser has duly asserted the claim in accordance with TABLE 3 sec. C above within the applicable Guarantee Period, then LEDVANCE will as its sole obligation and Purchaser’s exclusive remedy for a Product’s failure to comply with the Limited Product Guarantee, either:
 
i. repair any affected Product(s) and return them to the Purchaser (shipment costs at the Purchaser´s expense);
ii. provide new or refurbished replacement Product(s) (or parts thereof) to Purchaser free of charge (shipment costs at Purchaser’s expense), or
iii. issue a credit note in the amount of an appropriate residual market value of the Product(s) to Purchaser’s account if the Purchaser is a direct LEDVANCE customer. A LEDVANCE direct customer is a customer who has purchased the Product directly from LEDVANCE or a LEDVANCE Company with a registered office in the Guarantee Territory (and not from a dealer or other third party).
 
Residual market value of the Product in applicable currency = (Guarantee Period in years - Operation duration in years ) * (Product Price New / Guarantee Period in years).

The residual market value of a Product cannot be negative.

LIMITED LINEAR POWER GUARANTEE – “POWER OUTPUT GUARANTEE”
If LEDVANCE confirms that a Product has failed to comply with the Limited Linear Power Guarantee described in TABLE 3 sec. B due to defects in the raw materials or the manufacturing process of a Product, and Purchaser has duly asserted the claim in accordance with TABLE 3 sec. C above within the applicable Guarantee Period, then
LEDVANCE will as its sole obligation and Purchaser’s exclusive remedy for Product’s failure to comply with the Limited Linear Power Guarantee, either:
 
i. provide new or refurbished replacement Products (or parts thereof) to Purchaser free of charge (shipment costs at Purchaser’s expense), or
ii. issue a credit note in the amount of an appropriate residual market value of the Product(s) to Purchaser’s account if the Purchaser is a direct LEDVANCE customer. A LEDVANCE Direct Customer is a customer who has purchased the Product directly from LEDVANCE or a LEDVANCE Company with a registered office in the Guarantee Territory (and not from a dealer or other third party).

Residual market value of the Product in applicable currency = (Guarantee Period in years - Operation duration in years ) * (Product Price New / Guarantee Period in years).

The residual market value of the Product cannot be negative.
E. EXCLUSIONS AND LIMITATIONS
1. LEDVANCE must be notified of all claims within the relevant Guarantee Period as described in TABLE 1A and TABLE 1B. Any claim made outside of the relevant Guarantee Period or Guarantee Territory is invalid.

2. These Limited Guarantees do not include any costs of labor or other costs related to de-installing or re-installing a Product, or costs related to de-installing, re-installing or troubleshooting any other elements of Purchaser’s electrical systems.

3. These Limited Guarantees do not cover any shipping charges, customs clearance charges, any Product return charges, shipping charges for replacement of Product(s), installation-, removal- or reassembly-costs associated with Product(s), or third-party testing or appraisal costs; if the above costs are incurred during the claim process, the Purchaser shall bear them.

4. A Guarantee claim shall only be valid if the Product has at all times been operated within the permissible specifications according to the Product data sheet and has been installed, put into operation and utilized in accordance with LEDVANCE’s installation and operating instructions.

5. LEDVANCE shall not be responsible for, and Guarantee claims shall be especially, without limitation, excluded in the following cases:
 
i. LEDVANCE has not yet received payment in full of the accounts receivable related to the specific order under which the affected Products were sold to Purchaser if Purchaser is a LEDVANCE Direct Customer as defined in Table 3 sec. D above;
ii. Purchaser is unable to provide mandatory information / proof required to assert a Guarantee claim (see TABLE 3 sec. C.6 above);
iii. Products are not significantly damaged or defective and such defects do not perceptibly impair the Products’ performance (e.g. scratches, stains, rust, discoloration, or mildew);
iv. The affected Products were improperly transported, handled, stored, installed or used by the Purchaser or a third party; for example, Purchaser installed the Products in extremely hot, cold (refers to the temperature beyond the operating temperature range of the Products as specified in the applicable technical datasheets), corrosive or other extreme and unsuitable environmental conditions, or the application environment changes rapidly, resulting in corrosion, oxidation or Product damage or abnormal function due to the influence of chemical products;
v. Product damages caused by external factors (e.g. such as glass breakage of Products caused by external forces), improper operation, unsuitable maintenance methods, and/or unsuitable installation methods against LEDVANCE’s installation and operating instructions;
vi. Purchaser or a third party has modified, repaired or operated the Product in combination with products or software of the Purchaser or a third party without LEDVANCE’s prior express written consent;
vii. Abnormal Product appearance (including but not limited to scratches, stains, rust, discoloration or mildew, etc.) or other changes in appearance due to normal wear and tear of Product materials.
viii. Product's nameplate or serial number label has been tampered with, is torn, is partly or entirely missing, or was otherwise rendered illegible;
ix. Failure to install, apply, use, change, service or maintain the Products in accordance with local laws and regulations or requirements in documents provided by LEDVANCE, or improper system design, installation or construction, resulting e.g. in frequent concealment of the Products and affecting the Products performance;
x. Purchaser or a third party installs non-standard, mismatched, inferior or unqualified parts (e.g. clamps), which leads to quality problems of the Product;
xi. Connecting two or more strings in parallel using Y or T connectors without any protection devices.
xii. Connecting strings to a combiner box or an inverter without any protection devices;
xiii. Conducting or commissioning repairs or alterations made by persons other than professionally qualified personnel;
xiv. Conducting or commissioning repairs or alterations not in accordance with the Product specifications, the system, or the local electrical design specifications;
xv. The Products are directly or indirectly affected by power failure, power surge, flood, fire, lightning, mudslide, vandalism, explosion, war, or other force majeure events;
xvi. The Products were installed together with third-party modules within the same installation.
F. RESERVATION OF STATUTORY CLAIMS
Purchaser may have special statutory rights outside of these Guarantees (e.g. resulting from a statutory warranty or the German Product Liability Act (ProdHaftG)) which shall in no way be restricted by these Guarantee Conditions. These statutory claims and rights and their free assertion shall apply independently of and parallel to these Guarantee Conditions and guarantee claims.
G. MISCELLANEOUS
1. If a part, provision or clause of these Guarantee Conditions, is held invalid, void or unenforceable under applicable law, this shall not affect all other parts, provisions, clauses or applications of these Guarantee Conditions, and to this end such other parts, provisions, clauses or applications shall be treated as severable.

2. These Guarantee Conditions shall exclusively be governed by the law of the Federal Republic of Germany under exclusion of the UN sales law (CISG).

3. To the extent the Guarantee beneficiary (Purchaser) is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for any and all disputes arising from or in connection with these Guarantee Conditions shall be Munich, Germany. Mandatory statutory provisions regarding exclusive places of jurisdiction shall remain unaffected.

4. LEDVANCE reserves the right to change or amend these Guarantee Conditions at any time in its sole discretion with effect for the future. In this case, any pending Guarantee claims based on this present version of the Guarantee Conditions shall remain unaffected and the respective Guarantee beneficiary shall continue to be entitled to assert such Guarantee claims within the respective Guarantee Period in accordance with the provisions of this present version of the Guarantee Conditions.

Release: January 2024