ZEP SOLAR, INC

WHAT IS COVERED:

ZEP SOLAR, INC., a California corporation (called “Zep Solar”), with its principal place of business located at 161 Mitchell Blvd., Suite 104, San Rafael, California 94903, war­rants to the original retail purchaser (called “Purchaser”) of Zep Solar’s solar panel rack products manufactured by Zep Solar (called “Products”) that the structural components of the Products will be free from substantial defects in materials and workmanship and that the Product’s finish will be free from visible peeling, cracking or chalking under normal atmospheric conditions while the Products are installed at their original installation site provided that the Products were installed in accordance with Zep Solar’s written installa­tion instructions.

FOR HOW LONG:

The warranty covering the structural com­ponents of the Products is made for twenty-five (25) years for ZS Peak, and ten (10) years for all other Products; and the warranty covering the anod­ized finish (“Finish Warranty”) is made for five (5) years: in each case from the earlier of 1) the date the installation of the Products is completed, or 2) thirty (30) days after the purchase of the Products by the Purchaser.

WHAT WE WILL DO:

Zep Solar will, at its sole option, either repair or replace any Products or components of the Products that fail to meet the standards set forth in this Limited Warranty on an exchange basis without charge. If Zep Solar is unable to repair or replace a defective Product or component within a reasonable time, Zep Solar will, at its sole discretion and option, either replace the defective Product or component with a functionally equivalent Product or component without charge, or re­fund to the Purchaser the original price paid for the defective Product or component.

These are your sole and exclusive remedies for any breach of this Limited Warranty.

WHAT WE WILL NOT DO:

Zep Solar does not warrant that the Products will meet any specifications, needs, or requirements that are not expressly set forth in Zep Solar’s technical product documentation.

The Finish Warranty does not apply to any foreign residue deposited on the finish. All installations in corrosive atmospheric con­ditions are excluded. The Finish Warranty is void if, when cleaning or maintaining the Product, the practices specified by AAMA 609 & 610-02 – “Cleaning and Maintenance for Architecturally Finished Aluminum” (www.aamanet.org) are not followed by Purchaser.

This Limited Warranty does not cover damage to the Products that occurs during shipment, storage, or installation, nor does it cover damage arising from vandalism or other criminal acts, or from movement, settlement, or structural defects in the environment of installation.  It does not cover cosmetic issues including discoloration. It does not cover any costs associated with labor, transportation, or reinstallation. Remedies under this Warranty extend only to Products or components that are defective, and any Product or component that is not defective will not be replaced, repaired or otherwise remedied except at Zep Solar’s sole option. This Warranty shall be VOID if the Product is not installed in ac­cordance with Zep Solar’s written installation instructions, if the Products are installed in an environment for which they were not designed, or if the Products have been modified, repaired, or reworked in a manner not authorized by Zep Solar in advance in writing.

Zep Solar warranties only the Products and components provided by Zep Solar, and this Warranty covers only damage to those Products and components, and not damage to any person or any other property. Zep Solar makes no warranties or representations regarding any items or materials provided by third parties.

In the event that Zep Solar repairs or replaces a Product or component under this Warranty, or issues a refund, such service does not alter the terms of this Warranty or extend its term.

ANY IMPLIED WARRANTIES COVERING PRODUCTS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, ARE EXPRESSLY EXCLUDED. ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS RELATING TO THE PRODUCTS WHICH ARE NOT EXPRESSLY SET OUT IN THIS LIMITED WARRANTY ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  

ZEP SOLAR SHALL NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR LOSS OR DAMAGES ARISING FROM ANY BREACH OF THESE WARRANTIES OR OTHERWISE EVEN IF ZEP SOLAR OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no case shall Zep Solar’s liability exceed the purchase price paid for the defective Products or defective components.

In the event that any provision of this Warranty is determined to be unenforceable, it will be enforced, and the remaining provisions of this Warranty will be enforced, to the fullest extent of their enforceability.

HOW TO MAKE A WARRANTY CLAIM:

If Purchaser believes that it has a claim for repair or replacement under this Limited Warranty, Purchaser must contact Zep Solar’s Warranty Service Department within thirty (30) days of the end of the applicable warranty pe­riod to initiate the warranty claim process. Address all warranty claims to: Zep Solar, Inc., Warranty Service Department, 161 Mitchell Blvd., Suite 104, San Rafael, California  94903. Any claim under the above Limited Warranty must include proof of the date the Product installation was completed or the date of original Product delivery, such as a copy of Purchaser’s receipt or invoice.

OTHER CONDITIONS:

This Limited Warranty allocates risks of product failure between Purchaser and Zep Solar. The Limited Warranty set forth above is in lieu of all other express warranties, whether oral or written. The agents, employees, distributors and dealers of Zep Solar are not authorized to modify this Limited Warranty nor to make additional warranties binding on Zep Solar. Accordingly, additional statements such as dealer adver­tising or presentations, whether oral or writ­ten, do not constitute warranties by Zep Solar and should not be relied upon as a warranty of Zep Solar. Zep Solar’s product pricing reflects this allocation of risk and the limitations of liability in this Warranty.

This Limited Warranty is valid only on Products purchased and located in the United States.  No action for any breach of this Limited Warranty may be commenced more than one (1) year following the expiration date of the above warranties.