HelioPower liability

Limited warranty

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Limited Warranty: HelioPower Western Cape Pty. Ltd warrants to the Owner (as hereinafter defined) that as of the date of sale all materials that comprise its Solar Power Water Heating System (“cassettes”), which includes the high density polyethylene tubing (“tubing”) shall be free from defects in materials or manufacturing workmanship that affect the performance of the materials on a properly installed roof during the Warranty Period. This Limited Warranty commences upon completion of the installation of the Materials and shall expire 15 years from such installation date (the “Warranty Period”). The term “Owner,” as used in this Limited Warranty, means, collectively, the person or entity that owns the building or structure upon which Solar Power Water Heating System is originally installed as of the date of the completion of such installation and the next subsequent purchaser to which ownership of such building or structure may thereafter be transferred and who registers the transfer with HelioPower and pays the applicable transfer fee.

Remedy: If, during the Warranty Period, HelioPower determines that a defect or failure covered by this Limited Warranty has occurred, HelioPower shall provide such replacement Materials only, without any allowance for labour or any other associated cost or expense.

Limitations on Coverage: This Limited Warranty does not apply to and HelioPower shall not be liable for:

Failure of any products used on the roof except the cassettes.
Faulty or improper application (including installation not in accordance with HelioPower’s installation guidelines) of the cassettes and tubing.
Damage to the cassettes' caused by alterations made after completion of application including, but not limited to, structural changes, equipment installation (such as an air conditioner, heating unit, solar system, etc.), painting, or application of cleaning solutions, coatings or other modifications.
Damage to the cassettes caused by settlement of the building or structure to which the cassettes have been applied, distortion, failure or cracking of the roof deck, walls or foundation, or traffic on the roof.
Damage to the cassettes caused by improper circulating fluid solution (the cassettes circuit fluid must contain 30% glycol / 70 % water and be replaced every 5 years and certified by proper contractor).
Cosmetic changes, fading or weathering of slate, paint coatings or other aesthetic changes that do not affect the cassettes’ or the roof performance.
Acts of nature including lightning, winds in excess of 50 miles per hour, tornado, flood, earthquake, mud slide or other violent storm, war or casualty (including from hail or airborne debris).

Transferability: The original Owner may transfer this Limited Warranty to the next subsequent purchaser of the building or structure on which the cassettes are installed. In order to validate such transfer, the Warranty Transfer Notification card must be properly filled out (only printing is accepted), signed and mailed together with a cheque or money order for five hundred Rand (R500) to HelioPower within thirty (30) days after the date of transfer of title to such building or structure. Claims: Claims made hereunder must be submitted in writing, together with proof of purchase and date of installation of the Solar Power Water Heating System, to HelioPower Western Cape Pty. Ltd., Roodeheuwel Estate, ZA-7185 BotRivier, South Africa, within 30 days after discovery of the alleged defect to the cassettes. Within a reasonable time after receipt of the Owner’s written notice, HelioPower shall contact the Owner to investigate the claim.

Sole Warranty: THE LIMITED WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND LIMIT AS TO DURATION ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED BY LAW, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HELIOPOWER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, OTHER THAN THE LIMITED WARRANTY SET FORTH HEREIN. HELIOPOWER SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR DAMAGE TO THE BUILDING OR STRUCTURE TO WHICH THE MATERIALS HAVE BEEN INSTALLED, ITS CONTENTS OR ITS OCCUPANTS. THIS LIMITED WARRANTY CONTAINS ALL OF THE PROVISIONS OF YOUR REMEDIES FROM HELIOPOWER. HELIOPOWER’S LIABILITY IS LIMITED TO THE PROVISIONS OF THIS LIMITED WARRANTY, WHETHER ANY CLAIM AGAINST IT IS BASED UPON STRICT LIABILITY, NEGLIGENCE, BREACH OF WARRANTY OR ANY OTHER THEORY OR CAUSE OF ACTION. SOME AREAS / PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST OR THE EXCLUSION OF SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

This Limited Warranty may not be changed or modified by any party, including an HelioPower Western Cape Pty. Ltd. representative.

HelioPower Solar Power Water Heating System LIMITED WARRANTY TRANSFER NOTIFICATION

To validate the transfer of the Limited Warranty from the original purchaser (“Transferor”) to the next subsequent purchaser (“Transferee”) of the building or structure upon which the Solar Power Water Heating System cassettes were applied, the Transferor and Transferee must complete and sign this form and mail the form, together with a cheque or money order for five hundred Rand (R500), to HelioPower Western Cape Pty. Ltd., Roodeheuwel Estate, ZA-7185 BotRivier, South Africa, within thirty (30) days after the date of transfer of title to the real estate.

Location of real estate on which Solar Power Water Heating System was installed:

Homeowner Name:

Address:

City:

Postal code:

City:

South Africa

Email Address:

Date:

Contractor/Installer Name:

Address:

City:

Postal code:

City:

South Africa

Signature: