This Performance Guarantee and Limited Warranty (this “Limited Warranty”) is Metro Solar’s agreement to provide you warranties on the System you purchased. The System will be professionally installed by Metro Solar at the address you listed in the agreement. We will refer to the installation location as your “Property” or your “Home.” This Limited Warranty begins when we start installing the System at your Home. We look forward to helping you produce clean, renewable solar power at your Home.
Metro Solar warrants the System as follows:
During the entire Term in agreement, under normal use and service conditions, the System will be free from defects in workmanship or defects in, or a breakdown of, materials or components (the “System Warranty”);
When we penetrate your roof during a System installation we will warrant roof damage we cause due to our roof penetrations. This roof warranty will run the longer of (A) one (1) year following the completion of the System installation; and (B) the length of any existing installation warranty or new home builder performance standard for your roof (the “Roof Warranty Period”); and
During the entire Term, Metro Solar will honor the System Warranty and will repair or replace any defective part, material or component or correct any defective workmanship, at no cost or expense to you (including all labor costs), when you submit a valid claim to us under this Limited Warranty (the “Repair Promise”). If we damage your Home, your belongings or your Property we will repair the damage we cause or pay you for the damage we cause as described in Section 6. Metro Solar may use new or reconditioned parts when making repairs or replacements. Metro Solar may also, at no additional cost to you, upgrade or add to any part of the System to ensure that it performs according to the guarantees set forth in this Limited Warranty. Cosmetic repairs that do not involve safety or performance shall be made at Metro Solar’s discretion.
(i) The warranties in Sections 2(a)(i) and (a)(iii) above will start when we begin installing the System at your Home and continue through the entire Term but never less than ten (10) years. Thus, for as long as you purchased the System from Metro Solar, you will have a System Warranty and our Repair Promise.
(ii) The Roof Warranty Period may be shorter than the System Warranty, as described in Section 2(a)(ii) above.
(iii) If you have assumed an existing Lease, then this Limited Warranty will cover you for the remaining balance of the existing Lease Term.
Metro Solar guarantees that during the Term the System will generate the guaranteed kilowatt-hours (kWh) (“Guaranteed kWh”) in the table set forth in appendix A.
If at the end of each successive twenty four (24) month anniversary of your first monthly payment the cumulative Actual kWh (defined below) generated by the System is less than the Guaranteed kWh, then we will send you a refund cheque equal to the difference between the cumulative Actual kWh and the Guaranteed kWh multiplied by the Guaranteed Energy Price per kWh (defined below). If you make that request within thirty (30) days after the end of a twenty four (24) month period as described above, we will make the payment for that period within thirty (30) days after our receipt of your request. Your cumulative Actual kWh is dependent on a shading percentage of 12 % on your Home. If this shading percentage increases, your Guaranteed Actual kWh will be reduced proportionately, this is calculated on the day of install by Metro Solar’s Installers.
For example, if the first twenty four (24) month period commences on October 1, 2013 and ends on September 30, 2015, and the energy the System was supposed to generate is less than the energy the system was guaranteed to generate during such twenty four (24) month period, we will pay you the difference in the Actual kWh and the Guaranteed kWh multiplied by the Guaranteed Energy price per kWh within thirty (30) days after we receive your request. See the table below for a real world example.
|Example Guaranteed kWh||Example Actual kWh||Example Guaranteed $/kWh Energy Price||Example Payment to You|
If at the end of each successive twenty (24) month anniversary of your first monthly payment the Actual kWh is greater than the Guaranteed kWh during any twenty four (24) month period, this surplus will be carried over and
Will be used to offset any deficits that may occur in the future. If over the course of the Term your System produces more energy than the Guaranteed Output then this additional energy is yours at no additional cost.
“Actual kWh” means the AC electricity produced by your System in kilowatt-hours measured and recorded by Metro Solar during each successive twenty four (24) month anniversary of your first monthly payment. To measure the Actual kWh we will use the Power Tracker Monitoring Service or to the extent such services are not available, we will estimate the Actual kWh by reasonable means.
“Guaranteed Energy Price per kWh” is set out in the table immediately after the first paragraph in Section 2(c)(i) above.
During the Term, we can provide you at no additional cost our Power Tracker Monitoring Service if we decided necessary (“Power Tracker”). Power Tracker is a proprietary monitoring system designed and installed by Metro Solar that captures and displays historical energy generation data over an Internet connection and consists of hardware located on site and software hosted by Metro Solar. If your System is not operating within normal ranges, Power Tracker will alert us and we will remedy any material issues promptly.
The System’s electrical output during the first ten (10) years of the Term shall not decrease by more than Manufacture’s warranty. This output warranty is in addition to the Energy Production Guarantee in Section 2(c)(i) of this Exhibit 2 and you will be provided a refund cheque for underproduction as set forth in Section 2(c)(i).
When the System is installed Metro Solar will provide you with a copy of its Solar Operation and Maintenance Guide. This Guide provides you with System operation and maintenance instructions, answers to frequently asked questions, troubleshooting tips and service information.
The Power Tracker service requires a high speed Internet line to operate. Therefore, during the Term, you agree to maintain the communication link between Power Tracker and the System and between Power Tracker and the Internet. You agree to maintain and make available, at your cost, a functioning indoor Internet connection with one available wired Ethernet port and standard AC power outlet within eighty (80) feet of the System’s AC/DC inverter(s). This communication link must be a 10/100 Mbps Ethernet connection that supports common Internet protocols (TCP/IP and DHCP). If you do not have and maintain a working high speed Internet line then (A) we will not be able to monitor the System and provide you with the Power Production Guarantee; and (B) you will be required to provide Metro Solar with annual production information from your inverter.
(i) Claims Process
You can make a claim by:
(ii) Transferable Limited Warranty
Metro Solar will accept and honor any valid and properly submitted Warranty claim made during any Lease Term by any person who either purchases the System from you or to whom you properly transfer the Lease.
The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following:
This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, other than that described above.
THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) and (c) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY METRO SOLAR WITH RESPECT TO THE SYSTEM. METRO SOLAR HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
For the purpose of this Limited Warranty the standards for our performance will be (i) normal professional standards of performance within the solar photovoltaic power generation industry in the relevant market; and (ii) Prudent Electrical Practices. “Prudent Electrical Practices” means those practices, as changed from time to time, that are engaged in or approved by a significant portion of the solar power electrical generation industry operating in Australia to operate electrical equipment lawfully and with reasonable safety, dependability, efficiency and economy.
You agree that if (i) the System needs any repairs that are not the responsibility of Metro Solar under this Limited Warranty, (ii) the system needs to be removed and reinstalled to facilitate remodeling of your Home or (iii) the system is being relocated to another home you own pursuant to the Lease, you will have Metro Solar, or another similarly qualified service provider, at your expense, perform such repairs, removal and reinstallation, or relocation on a time and materials basis.
Metro Solar will remove and replace the System from your roof while roof repairs are being made for a payment of $499. You will need to provide storage space for the System during such time. Where permitted under the Lease, Metro Solar will work with you to conduct an audit of your existing Home and new home to determine if a move is commercially feasible. This audit will cost $499. If Metro Solar determines that a move is commercially feasible, it will then move the System for an additional payment of $499.
If at the end of the Term you want to return the System to Metro Solar under Section 17 of the Lease then Metro Solar will remove the System at no cost to you. Metro Solar will remove the posts, waterproof the post area and return the roof as close as is reasonably possible to its original condition before the System was installed (e.g. ordinary wear and tear and color variances due to manufacturing changes are excepted). Metro Solar will warrant the waterproofing for one (1) year after it removes the System. You agree to reasonably cooperate with Metro Solar in removing the System including providing necessary space, access and storage, and we will reasonably cooperate with you to schedule removal in a time and manner that minimizes inconvenience to you.
If Metro Solar is unable to perform all or some of its obligations under this Limited Warranty because of a Force Majeure Event, Metro Solar will be excused from whatever performance is affected by the Force Majeure Event, provided that:
(a) Metro Solar, as soon as is reasonably practical, gives you notice describing the Force Majeure Event;
(b) Metro Solar’s suspension of its obligations is of no greater scope and of no longer duration than is required by the Force Majeure Event (i.e. when a Force Majeure Event is over, we will make repairs); and
(c) No Metro Solar obligation that arose before the Force Majeure Event that could and should have been fully performed before such Force Majeure Event is excused as a result of such Force Majeure Event.
“Force Majeure Event” means any event, condition or circumstance beyond the control of and not caused by Metro Solar’s fault or negligence. It shall include, without limitation, failure or interruption of the production, delivery or acceptance of power due to: an act of god; war (declared or undeclared); sabotage; riot; insurrection; civil unrest or disturbance; military or guerilla action; terrorism; economic sanction or embargo; civil strike, work stoppage, slow-down, or lock-out; explosion; fire; earthquake; abnormal weather condition or actions of the elements; hurricane; flood; lightning; wind; drought; the binding order of any governmental authority (provided that such order has been resisted in good faith by all reasonable legal means); the failure to act on the part of any governmental authority (provided that such action has been timely requested and diligently pursued); unavailability of power from the utility grid, equipment, supplies or products (but not to the extent that any such availability of any of the foregoing results from Metro Solar’s failure to have exercised reasonable diligence); power or voltage surge caused by someone other than Metro Solar including a grid supply voltage outside of the standard range specified by your utility; and failure of equipment not utilized by Metro Solar or under its control.
YOU MAY ONLY RECOVER DIRECT DAMAGES INCLUDING THOSE AMOUNTS DUE PURSUANT TO SECTIONS 2(c) AND 6(C) UNDER THIS LIMITED WARRANTY, AND IN NO EVENT SHALL SOLARCITY OR ITS AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR YOUR ASSIGNS FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARISING UNDER STATE LAW, SHALL IN NO EVENT EXTEND PAST THE EXPIRATION OF ANY WARRANTY PERIOD IN THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Notwithstanding any other provision of this Limited Warranty to the contrary, Metro Solar’s total liability arising out of relating to this Limited Warranty shall in no event:
All notices under this Limited Warranty shall be made in the same manner as set forth in the Lease to the addresses listed below:
Metro Solar PTY LTD 6 Raylee Place, Lynbook, Victoria 3975 Attention: Warranty Claims Telephone: 1300 638 761 Facsimile: 1300 289 327 Email: firstname.lastname@example.org
At the billing address in the Lease or any subsequent billing address you give us.
Metro Solar may assign its rights or obligations under this Limited Warranty to a third party without your consent, provided that any assignment of Metro Solar’s obligations under this Limited Warranty shall be to a party professionally and financially qualified to perform such obligation. This Limited Warranty protects only the person who leases the System. Your rights and obligations under this Limited Warranty will be automatically transferred to any person who purchases the System from you or to whom you properly transfer the Lease. This Limited Warranty contains the parties’ entire agreement regarding the limited warranty of the System.