1. INTRODUCTION

This 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.

2. LIMITED WARRANTIES
(a) Limited Warranties

Metro Solar warrants the System as follows:

(i) System Warranty

During the entire Term, 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”);

(ii) Roof Warranty

When we penetrate your roof during a System installation we will warrant roof damage we cause due to our roof penetrations; and

(iii) Repair Promise

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.

(b) Maintenance and Operation
(i) General

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.

(c) Making a Claim; Transferring this Warranty

(i) Claims Process

You can make a claim by:

emailing us at the email address in Section 7 below; or
writing us a letter and sending it by post.

(ii) Transferable Limited Warranty

Metro Solar will accept and honor any valid submitted Warranty claim made by you or any person who purchases the system from you.

(d) Exclusions and Disclaimer

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:

someone other than Metro Solar or its approved service providers installed, removed, re-installed or repaired the System;
destruction or damage to the System or its ability to safely produce power not caused by Metro Solar or its approved service providers while servicing the System;
your failure to perform, or breach of, your obligations under the Term (e.g. you modify or alter the System);
any Force Majeure Event (as defined below);
shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed;
any system failure or lost production not caused by a System defect (e.g. the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non-shaded area); and

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.

3. METRO SOLAR’S STANDARDS

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.

4. SYSTEM REPAIR, RELOCATION OR REMOVAL
(a) Repair.

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, 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.

(b) Removal/Moving.

Metro Solar will remove and replace the System from your roof while roof repairs are being made for a fee. You will need to provide storage space for the System during such time. Where permitted, 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. If Metro Solar determines that a move is commercially feasible, it will then move the System for an additional fee.

5. FORCE MAJEURE

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.

6. LIMITATIONS ON LIABILITY
(a) No Consequential Damages

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 METRO SOLAR 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.

(b) Limitation of Duration of Implied Warranties

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.

(c) Limit of Liability

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 for damages to your Home, Belongings and Property: exceed two million dollars ($2,000,000).

7. NOTICES

All notices under this Limited Warranty shall be made in the same manner as set forth in the Lease to the addresses listed below:

TO METRO SOLAR:
Metro Solar NSW PTY LTD
6/550 South Gippsland Highway, Lynbook, Victoria 3975
Attention: Warranty Claims
Telephone: 1300 638 761
Email: [email protected]
TO YOU:
At the billing address in the Lease or any subsequent billing address you give us.