Warranty
COM-RES-GBED-en-486/6
If and to the extent services are to be rendered by SMA free of charge in accordance with this SMA Limited Factory
Warranty, these are only free of charge if and to the extent the course of action is agreed with and confirmed in writing
by SMA in advance. Written documents and electronic messages, including, but not limited to, fax or e-mail, satisfy the
requirement that confirmation be given in writing. All costs incurred by the warranty claimant to exercise its rights under
this SMA Limited Factory Warranty shall be borne by the warranty claimant.
Final Validity
The rights mentioned in this SMA Limited Factory Warranty reflect the exclusive rights of the warranty claimant in
accordance with this SMA Limited Factory Warranty. No other claims — including, but not limited to, claims for
compensation for direct or indirect damage caused by the defective device, claims for compensation for costs arising from
disassembly or installation, and/or loss of power production or profits — are covered by the SMA Limited Factory
Warranty. If the warranty claimant requests unnecessary or unjustified service work and/or SMA replacements under this
SMA Limited Factory warranty, SMA shall be entitled to invoice the warranty claimant for the costs incurred as a result.
Applicable Law and Place of Jurisdiction
(1) All claims arising from or in connection with this SMA Limited Factory Warranty are subject to German law with the
exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, if the
warranty claimant is a consumer as defined in Art. 6 of Regulation (EC) No 593/2008 and SMA has (i) either
pursued our commercial or professional activities in the country where the consumer has his habitual residence, or (ii)
by any means, directed such activities to that country or to several countries including that country, and (iii) this SMA
Limited Factory Warranty falls within the scope of such activities, then the choice of German law as stated in this
paragraph does not have the result of depriving the consumer of the protection afforded to him by provisions that
cannot be derogated from by agreement by virtue of the law of the country where the consumer has his habitual
residence.
(2) Kassel, Germany, is the exclusive place of jurisdiction for all disputes arising from or in connection with this SMA
Limited Factory Warranty provided that the warranty claimant is a Merchant, a legal entity under public law or
special assets under public law.
(3) In the event the claimant is a consumer, whose residence or habitual residence is in the European Union or in
Countries which are contracting parties to the Agreement on the European Economic Area, the following shall apply:
SMA is principally in favor to attend a dispute settlement procedure at the General Consumer Conciliation Body of
the Centre for Conciliation in Germany: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.,
Straßburger Str. 8, 77694 Kehl.
For more information, please visit the "Service" section of our website at www.SMA-Solar.com