Limitations and Conditions
The remedy set forth in these limited warranties shall be the sole and exclusive remedy provided under the extended term warranty, unless
otherwise agreed by Evergreen Solar in writing. In Germany, these limited warranties are neither a “guarantee of the quality” of the panel
pursuant to §443 BGB (German Civil Code) nor are they an “acceptance of a guarantee” pursuant to §276 BGB.
The limited warranties set forth herein do not apply to any panel which in Evergreen Solar’s sole judgement has been subjected to misuse,
neglect, or accident; has been damaged through abuse, alteration, improper installation or application, or negligence in use, storage,
transportation, or handling; has not been installed in accordance with the latest Safety, Installation and Operation Manual provided by
Evergreen Solar or has in any way been tampered with or repaired by anyone other than Evergreen Solar or its authorized agent.
Given the variability in testing equipment and testing methodologies, Evergreen Solar cannot and does not warrant that its panels will
deliver any particular results when tested by the consumer or a third party testing agency.
The limited warranties do not cover costs associated with panel installation, removal, testing, packaging, transportation, or reinstallation;
other costs associated with obtaining warranty service; or costs, lost revenues, or lost prots associated with the performance or
nonperformance of defective panels.
Any panels repaired or replaced by Evergreen Solar under a warranty claim shall be covered by the same warranties and original term as the
rst product purchased under said claim. The term shall not be prolonged or reset from the date of sale to the original consumer purchaser.
Any replaced parts or products become the property of Evergreen Solar.
These limited warranties apply only to the rst end-user purchaser of the panels or to any subsequent owners of the original building or
site where the panels were rst installed. The limited warranties set forth herein are expressly in lieu of and exclude all other express or
implied warranties, including but not limited to warranties of merchantability and of tness for particular purpose, use, or application and
all other obligations or liabilities on the part of Evergreen Solar, unless such other warranties, obligations, or liabilities are expressly agreed
to in writing signed and approved by Evergreen Solar.
Evergreen Solar 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, including, without limitation, any defects in the panel, or from use
or installation. Under no circumstances shall Evergreen Solar be liable for incidental, consequential, or special damages, howsoever caused.
Evergreen Solar’s aggregate liability, if any, in damages or otherwise, shall not exceed the payment, if any, received by seller for the unit of
product or service furnished or to be furnished, as the case may be, which is the subject of claim or dispute. Some jurisdictions do not allow
limitations on implied warranties or the exclusion or limitation of damages, so the above limitations or exclusions may not apply to you.
If a part, provision, or clause of terms and conditions of sale, or the application thereof to any person or circumstance is held invalid,
void, or unenforceable, such holding shall not affect and leave all other parts, provisions, clauses, or applications of terms and conditions
remaining, and to this end the terms and conditions shall be treated as severable.
This warranty gives you specic legal rights; and you may also have other rights that vary from state to state and country to country. Neither
party shall be in any way responsible or liable to the other party, or to any third party, arising out of nonperformance or delay in performance
of the terms and conditions of sale due to acts of God, war, riot, strikes, unavailability of suitable and sufcient labor, and any unforeseen
event beyond its control, including, without limitations, any technological or physical event or condition which is not reasonably known or
understood at the time of sale.
Any claim or dispute regarding these warranties shall be governed by and construed in accordance with the laws of the State of New York (US).
Obtaining Warranty Performance
If you feel you have a claim covered by warranty, you must promptly notify the dealer who sold you the panel of the claim. The
dealer will give advice handling the claim. If further assistance is required, write Evergreen Solar for instructions.
The customer must submit a written claim, including adequate documentation of panel purchase or ownership, serial number
and product failure. Evergreen Solar will determine in its sole judgment the adequacy of such claim. Any testing to determine the
validity of a warranty claim shall be done at an approved Evergreen Solar testing site. Evergreen Solar may require that product
subject to a claim be returned to the factory, at the customer’s expense, for testing. Testing completed by the consumer or third
parties will not be accepted by Evergreen Solar as evidence of a warranty claim. If product is determined to be defective and is
replaced but is not returned to Evergreen Solar, then the customer must submit adequate evidence that such product has been
destroyed or recycled.
Note: This document may be provided in multiple languages. If there is a conflict among versions, the English language
version dominates.
Warranty information continued…
Worldwide Headquarters
Evergreen Solar Inc.
138 Bartlett Street
Marlboro, MA 01752 USA
T: +1 508.357.2221 | F: +1 508.229.0747
info@evergreensolar.com
Customer Service - Americas and Asia
Evergreen Solar Inc.
138 Bartlett Street
Marlboro, MA 01752 USA
T: +1 508.357.2221 | F: +1 508.229.0747
sales@evergreensolar.com
www.evergreensolar.com
SAP Ref. 301035 DP20-053144
