Warranty

Limited Warranties
D10013-V003 | 30-Jun-17
SunModo Corporation
14800 NE 65
th
Street, Vancouver, WA 98682
SunModo Corporation (“SunModo”) warrants the original buyer (“buyer”) at the
original installation site (“site”) that any of the SunModo solar racking products
(“product”) manufactured by SunModo and properly installed, in accordance with
SunModo’s Installation Instructions or used for the purpose for which the
products are designed per SunModo requirements. Buyer may transfer this
warranty to a subsequent site owner, or if original buyer is a contractor to the
site owner, so long as the transferee agrees to this limited warranty terms as if
it were the buyer. Proof of purchase is required for any warranty claim.
Warranty Period. The Warranty Period begins on the day the Products were
shipped from SunModo, or directly from SunModo’s vendors, and remains in
force for the period: a) Products installed on projects located 2 miles or greater
from salt or brackish bodies of water will be structurally-related manufacturing
defect warranted for 10 years, free of functionally-related manufacturing defect
warranty for 20 years, and 5 years finish. b) Products installed on projects
located less than 2 miles from salt or brackish bodies of water will be structurally-
related manufacturing defect warranted for 10 years, free of functionally-related
manufacturing defect warranty for 20 years, and 3 years finish.
Structural Warranty. Products are warranted against structural failure due to
cracking, buckling, bending, or tearing arising under normal use and
environmental conditions, for the warranty period.
Finish Warranty. The Finish Warranty does not apply to: a) any foreign
residue deposited on the finish; b) surface oxidation, pitting, rust, peeling and
chipping of components; c) products installed in corrosive atmospheric
conditions, as defined solely by SunModo, included but not limited to exposure
to corrosive chemicals, fumes, cement dust, salt water marine environments, or
to continual spraying of either salt or fresh water; d) mill finish products. The
Finish Warranty is void if: a) the practices specified by AAMA 608 & 610-02-
”Cleaning and Maintenance for Architecturally Finish Aluminum”
(www.aamanet.org) are not followed by buyer; b) if practices specified by ASTM
A780 / A780M-09 “Standard Practice for Repair of Damaged and Uncoated
Areas of Hot-Dip Galvanized Coatings” are not followed by Buyer for SunModo’s
galvanized steel-based components. The Limited Warranty is void if the product
is not installed properly in accordance with SunModo’s written installation
instructions, or is not used for the purpose for which it is designed, or the product
has been modified, repaired, or reworked not authorized by SunModo.
The Limited Warranty does not cover the product that is damaged resulting from
shipping, storage, force majeure acts, and misuse or abuse during installation.
removal, relocation or any other modification following the original installation, or
any use other than the original intended use, or damage caused by outside
forces (including, but not limited to acts of buyer) voids this Limited Warranty.
The Limited Warranty covers the cost of parts manufactured by SunModo
Corporation only. Labor, installation, transportation and incidental costs
associated with warranty items are not covered by these warranties and are not
reimbursable. SunModo Limited Warranty only covers its products and under no
circumstances will be liable for indirect or consequential damages resulting from
or related use by buyer of the product. Goods which may be sold by SunModo,
but which are not designed or manufactured by SunModo are not warranted by
SunModo, are sold only with the warranties, if any, of the original manufacturer
thereof.
Claim. If, within the warranty period, the product shall be proven at SunModo’s
sole discretion to be nonconforming, then SunModo shall repair or provide a
replacement for the nonconforming product, or any nonconforming part thereof,
at SunModo’s option. Any such repair or replacement does not cause the
beginning of new warranty terms, nor shall the warranty periods of this Limited
Warranty be extended. SunModo’s aggregate liability for all warranty claims shall
not exceed the original purchase price of the nonconforming product. Buyer shall
bear all costs of shipment or transportation related to the repair or replacement
of the nonconforming product. Such repair or replacement shall be Buyer’s sole
remedy and shall fulfill all of SunModo’s obligations with respect to the product
and all warranty claims. All claims made under this warranty must be submitted
to SunModo in writing to the address below within 20 days after Purchaser’s
discovery the subject defect or problem or the warranty claim will be barred. A
formal document proving the purchase, the purchase date, and installation or
delivery date of the product is required with any warranty claim.
Indemnification. Buyer shall defend, indemnify and hold harmless SunModo
and its Related Persons (as defined below) (each, an “Indemnified Party”), with
counsel reasonably acceptable to the Indemnified Party, from and against any
and all Claims (as defined below) which may be suffered or incurred by the
Indemnified Party or imposed or asserted against the Indemnified Party: (a)
resulting from any cause on or about the premises where any Product is
installed; (b) resulting from the use of the Product; (c) arising out of any actual
or threatened damage to property, or injuries to or death of persons for any
reason, including but not limited to, product performance or malfunction,
negligence, or improper installation. “Claims” shall mean any and all claims,
actions, demands, proceedings, losses, damages, liabilities, losses, costs and
expenses, including attorneys’, investigators’ and consulting fees, court costs
and litigation expenses; “Related Person” shall mean any member, partner,
principal, officer, director, shareholder, employee, agent, contractor, consultant,
representative, affiliate, assign, successor-in-interest of a specified Party, or any
other person that has obtained or hereafter obtains rights or interests from such
party.
This Warranty constitutes the entire integrated agreement between SunModo
and Buyer concerning the Product Limited Warranties and supersedes all prior
agreements and discussions and the terms or any purchaser orders, order
acknowledgements or similar documents. No agreement or understanding in
any way purporting to modify this Limited Warranty, oral or written, shall be
binding on SunModo unless made in writing and signed by its authorized
representative. The agents, employees, distributors, and dealers of SunModo
are not authorized to modify this Limited Warranty nor to make additional
warranties binding on SunModo.
This Limited Warranty and the parties’ rights herein are exclusively governed by
and construed in accordance with the laws of the State of Washington, United
States of America, without regard to the laws of any other state or country. The
State and federal courts located in Clark County, Washington shall be the
exclusive venue for any legal action relating to this Warranty and Purchaser
hereby agrees to the jurisdiction of such courts.
EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH HE-
REIN, SUNMODO MAKES NO REPRESENTATION OR WARRANTY OF ANY
KIND WHATSOEVER REGARDING THE PRODUCT AND DISCLAIMS ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, COURSE OF DEALING AND USAGE OF TRADE.
IN NO EVENT SHALL SUNMODO BE LIABLE FOR, AND BUYER HEREBY
AGREES TO INDEMNIFY SUNMODO FROM AND AGAINST, ANY AND ALL
CLAIMS AND COSTS, INCLUDING ATTORNEY’S FEES, ARISING IN ANY
WAY FROM THE SALE, USE OR INABILITY TO USE THE PRODUCT,
BASED ON: LOSS OF USE, REVENUE OR PROFIT; DIRECT, INDIRECT,
SPECIAL, PUNITIVE, LIQUIDATED, INCIDENTAL, CONSEQUENTIAL, OR
ANY OTHER DAMAGE; OR INJURY TO PERSONS OR PROPERTY.