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Warranty

EXHIBIT A
CURRENT FORM OF LIMITED WARRANTY

 

  1. Warranty Applicability. This SOURCE® Hydropanel Manufacturer’s One-Year Limited Warranty (“Warranty”) applies to SOURCE Hydropanel(s)® purchased from or supplied by SOURCE Global, PBC or its Affiliate (collectively, “SOURCE Global”) under a Purchase Order, Supply Agreement, Supply and Installation Agreement, Ambassador Agreement, or Online Sales Transaction (the “Sales Contract”) in which this Warranty is expressly stated to apply. This Warranty grants the original buyer under the Sales Contract (the “Buyer”) and qualifying End Users specific contractual rights. End Users may have other rights under applicable mandatory law. 

  2. Warranty. SOURCE Global warrants that the SOURCE Hydropanel(s)® purchased from SOURCE Global pursuant to the Sales Contract will be free from manufacturing defects in design, materials and workmanship that affect water production or quality under normal operating conditions for a period of one (1) year commencing on the date of installation of the SOURCE Hydropanel(s)® by SOURCE Global or a SOURCE® certified installer, unless the Sales Contract expressly provides otherwise (the “Warranty Term”). The Warranty Term may not be extended for any reason, except by written agreement of SOURCE Global.

  3. Who may make a claim under this Warranty? This Warranty is for the benefit of Buyer and each of its successors in interest to the ownership of the SOURCE Hydropanel(s)® during the Warranty Term (each an “End User”), and only Buyer or an End User may make a claim hereunder. 

  4. Remedies. SOURCE Global’s sole obligation, and the End User’s sole remedy, in respect of valid claims for manufacturing defects made under the Warranty shall be, at SOURCE Global’s option: (i) the repair or replacement of the SOURCE Hydropanel(s)® or components thereof that SOURCE Global has determined to be defective; (ii) supplementation of the capacity of the SOURCE Hydropanel® Field or System with additional equipment; or (iii) the provision of financial compensation to the claimant based on the depreciated value of the defective SOURCE Hydropanel® based on an initial market value equal to the price per SOURCE Hydropanel® in the Sales Contract and assuming straight-line depreciation over a 15-year term. 

  5. Claim Process. To make a claim under this Warranty you must call +1 (855) 796-9283 or email our Customer Service Department at support@source.co during the Warranty Term to obtain a Warranty Claim Number (“WCN”). No warranty service will be provided without a WCN. Upon receipt of a claim, SOURCE Global shall be entitled to inspect the SOURCE Hydropanel(s)® on site or require the claimant to send photographic evidence of the defect in lieu of having the SOURCE Hydropanel® or component returned to SOURCE Global for diagnostics and assessment. 

  6. Costs. SOURCE Global will pay for all shipping and handling and labor costs required to fulfill SOURCE Global’s obligations under this Warranty. Claimant will be responsible for paying any taxes and any import duties or fees. If SOURCE Global determines, in its reasonable judgment following an inspection of the Hydropanel, that a Hydropanel or component for which a defect claim is made was not defective or otherwise covered by the Warranty, the claimant must pay or reimburse SOURCE Global for any labor, replacement parts and shipping and handling costs incurred in respect of the Warranty claim. 

  7. Warranty Exclusions. This Warranty does not cover: (a) failure of or damage to the SOURCE Hydropanel(s)® or their components occurring for any reason after risk of loss to the SOURCE Hydropanel(s)® transfers to Buyer in accordance with the Sales Contract unless such failure or damage is caused by a manufacturing defect; (b) consumables or replacement of consumables (e.g. filters), or (c) corrosion and other aesthetic imperfections unless caused by a design defect and such defect materially affects water production or water quality. 

  8. Events that will Void the Warranty. In addition to any events that are listed in the Sales Contract, the occurrence of any of the following events shall immediately void this Warranty: (a) any modification or alteration of the SOURCE Hydropanel(s)®, other than by SOURCE Global or an Authorized Service Provider approved by SOURCE Global; (b) any operation, maintenance or use of the SOURCE Hydropanel(s)® that is not in accordance with SOURCE Global’s operation and maintenance manual; (c) any installation, maintenance or repair of a SOURCE Hydropanel® or component thereof not performed: (y) by SOURCE Global or an Authorized Service Provider, or (z) in accordance with SOURCE Global’s installation manual; (d) removal and relocation of the SOURCE Hydropanel(s)® from the original installation site authorized by SOURCE Global in the Sales Contract, unless otherwise agreed in writing by SOURCE Global; and (e) transfer, re-sale or re-export of the SOURCE Hydropanel(s)® in violation of U.S. export controls laws, as administered by the U.S. Department of Treasury, Office of Foreign Asset Control. 

  9. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW IN THE JURISDICTION WHERE THE HYDROPANELS ARE INSTALLED, THE REMEDIES DESCRIBED IN THIS WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND SOURCE GLOBAL’S ENTIRE LIABILITY FOR ANY BREACH OF THIS WARRANTY. SOURCE GLOBAL’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY BUYER FOR THE SOURCE HYDROPANEL(S)®, AND SOURCE GLOBAL HEREBY DISCLAIMS ANY OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. 

  10. Unavailability of Telecommunications. If the installation location does not have existing cellular or WIFI connections, or you have chosen not to have the System connected to WIFI/cellular, then SOURCE Global does not have any mechanism for off-site monitoring and, therefore, may not be aware of any malfunctioning SOURCE Hydropanel(s)® which may affect water quality and water production. SOURCE Global expressly disclaims any liability that may arise due to the unavailability of telecommunications, including water quality and water production issues. SOURCE Global or a local third-party provider will perform regular annual site visits for maintenance and consumables if a Maintenance Plan is entered into by the parties.