A. Warranty scope
- These warranty conditions (the „Warranty Conditions“) apply to all sales of Products (as hereinafter defined) by BluBase B.V. („BluBase“) to any third party („Purchaser“). The Warranty Conditions form an integral part of and are governed by the terms of each agreement (including any confirmed purchase order) entered into between BluBase and the Purchaser for the sale of Products (each, including the applicable BluBase General Terms & Conditions of Sale, a „Sales Agreement“). In the event of any conflict between the terms of a Sales Agreement and the terms of these Warranty Conditions, the former shall prevail.
- These Warranty Conditions only apply to Sales Agreements concluded with BluBase directly. Customers of potential resellers of Products must direct any claims under warranty exclusively to the distributor or reseller from whom they purchased the Product and not to BluBase.
- Under the conditions set forth herein, BluBase warrants that the solar rooftop mounting products, including the Solar Construct Nederland and SolarStell mounting products, as provided by BluBase under the Sales Agreement (the „Products“) shall, for a period of 20 (twenty) years from the date of delivery by BluBase or such longer period as is demonstrably required under mandatory provisions of applicable law (the „Warranty Period“), be free from material deficiencies in materials and workmanship and conform to their functional and technical specifications as set forth in the product documentation provided by BluBase in relation to such Products (the „Specifications“).
B. Warranty procedure
- Any demonstrable failure of a Product to meet the warranty set forth in clause 3 of these Warranty Conditions (a „Defect“ or „Defective Product“) must be reported to BluBase in writing (including by email) by the Purchaser promptly upon becoming aware thereof, thereby including all information reasonably known to the Purchaser in respect of the alleged Defect, including, as appropriate, photographs or video recordings of the alleged Defect.
- The Purchaser shall provide BluBase without undue delay with all additional information and cooperation (including access to facilities and premises) reasonably requested by BluBase in respect of any (allegedly) Defective Products in order to enable BluBase to assess each claim under warranty. At BluBase’s request the Purchaser shall furthermore, at BluBase’s cost and in accordance with BluBase?s instructions, send the allegedly Defective Products to BluBase or such third party service provider as is designated by BluBase for BluBase’s assessment.
- BluBase shall, or shall procure that its designated third party service provider shall, assess whether allegedly Defective Products under any warranty claim are indeed covered by the warranty provided under these Warranty Conditions and notify the Purchaser in writing of the outcome of this assessment. In the event that any such Product is validated as Defective by BluBase or its designated third party service provider, BluBase shall determine the remedy to which the Purchaser is entitled in respect of the Defective Product in accordance with these Warranty Conditions. With regard to any Product that is not validated by BluBase as Defective: (i) BluBase shall (insofar as delivered to BluBase for assessment) deliver the Product back to the Purchaser at the Purchaser?s cost, and (ii) the Purchaser shall promptly at BluBase’s request reimburse BluBase for the reasonable costs incurred by BluBase in performing the assessment of the warranty claim.
- Any Defects that may apparently have resulted from the transport of Products must, where the transport was BluBase’s responsibility, be reported to BluBase in writing (including by email) within 48 hours from delivery, and in such cases shall always be accompanied by photographs or video recordings of the alleged Defects. BluBase is only responsible for Defects arising from transportation if such
transport was conducted by or on behalf of BluBase, and such transport was not the Purchaser’s responsibility.
- Any claim under warranty shall not entitle the Purchaser to suspend the performance of any of its obligations under the Sales Agreement.
C. Warranty remedies
- After BluBase has validated an alleged Defect as being a Defect covered by the warranty as set forth in these Warranty Conditions, BluBase shall as soon as reasonably practicable, at its option and at its cost:
(a) repair the Defective Product;
(b) replace the Defective Product by a new, similar Product, in which event the Purchaser shall return the Defective Product to BluBase at its cost; or
(c) if repair or replacement are not, in BluBase’s opinion, reasonably possible, reimburse the amount paid for the Defective Product to the Purchaser, deducting only the pro-rata amount (calculated on a linear depreciation basis over the full Warranty Period) that reflects the time that the Purchaser was able to make use of the Product without any Defect, in which event the Purchaser shall return the Defective Product to BluBase at its cost.
- BluBase and the Purchaser may also agree in writing that the Purchaser shall retain the Defective Product and BluBase shall reimburse part of the amount paid for such Product.
- The Purchaser shall, at its cost, provide BluBase all reasonable cooperation (including access to facilities and premises) as is required to provide the remedies in respect of Defective Products under warranty.
- With regard to a Product repaired or replaced under warranty, the original Warranty Period shall apply (i.e., running from the date the Product was initially delivered).
- Except as otherwise set forth in the Sales Agreement or as required under mandatory provisions of applicable law, the remedies as set forth in these Warranty Conditions constitute BluBase’s sole liability and the Purchaser’s exclusive remedies in respect of any Defect.
D. Warranty exclusions
- No warranty shall apply and BluBase will have no liability under warranty in respect of a Defect:
(a) that was not notified to BluBase within the Warranty Period in accordance with these Warranty Conditions;
(b) that does not adversely impact the functionality of the Product, including minor deficiencies such as scratches, stains, superficial surface corrosion, colour fastness deviations, etc.
(c) that arises as a result of transportation of the Product, other than any transportation for which BluBase is responsible;
(d) that arises as a result of any third party products, components or materials used by the Purchaser in conjunction with the Product, which third party products or materials have not been provided for such use by or on behalf of BluBase or the use of which has not been expressly authorised by BluBase;
(e) that arises from any use of the Product other than in accordance with the Specifications or any use other than the normal, intended use;
(f) that arises from the faulty handling, storage, assembly, loading or installation of the Product, or any handling, storage, assembly, loading or installation not in accordance with the instructions given by BluBase;
(g) that arises from mounting the Product on a building, roof or other construction that is unsuitable for the mounting of the Product;
(h) that arises from any modifications, replacements (including of spare parts) or repairs in respect of the Product other than by or on behalf of BluBase or with BluBase’s express written authorisation;
(i) that arises from circumstances of force majeure, including (without limitation) hail, lightning, storm, flood, explosions, fire, vandalism, extreme wind speeds or temperatures, other extreme weather conditions, or any other events of force majeure as may be set out in the Sales Agreement or that may apply in accordance with applicable law;
(j) that arises in the absence of proper professional maintenance, non-compliance with the applicable installation and/or assembly instructions, incompetent, injudicious or improper use, normal wear and tear and aging, poor assembly, or damage due to chemical, electrical, electrolytic, corrosive and/or environmental influences; and/or
(k) that arises when the correct quantities or components have not been used as prescribed in the assembly instructions and calculators, or when the building, roof, roof covering or construction is not suitable for installing solar panels with the Products.
Lastly amended: 1 October 2022.