In order to receive the Complimentary Product, you will need to: (a) ensure the New System you installed instead of the Existing Inverter (at the same site) is connected to the SolarEdge Monitoring Portal and; (b) register to the Program on the designated SolarEdge webpage and enter the applicable details (IV) and; (c) send SolarEdge the Existing Inverter (in a functional condition)(V), as further described in article 3; and (d) receive SolarEdge's written confirmation as per the completion of the process.
2. Eligibility. To be eligible to participate in the Program, you must: (a) be an authorized installer of SolarEdge (with the applicable certification to install SolarEdge Home Battery) and; (b) be an Australian resident who is at least 18 years old; and (c) purchase the New System from an authorized reseller of SolarEdge.
3. Delivering the Existing Inverter. As part of the Program, you shall send the Existing Inverter to the SolarEdge warehouse in Australia as part of the SolarEdge standard RMA process. Delivery under this Program must be completed by no later than December 31, 2025.
Please note that as part of the Program, you acknowledge and declare that you are directly and solely responsible to ensure that: (i) the homeowner, from whom the Existing Inverter was removed, authorized you to collect the Existing Inverter from the site and send it to the SolarEdge warehouse; and (ii) that upon delivery, the title of the Existing Inverter transfers from you to SolarEdge as part the Program, free and clear of all liens, claims, or encumbrances.
4. Privacy and personal data. Processing of personal data is governed by SolarEdge's Privacy Policy which can be found on SolarEdge's website (https://www.solaredge.com/privacy-policy).
5. GENERAL.
5.1 Term and scope. The Program term will be between January 1, 2022 until December 31, 2025 (the "Term") and is limited to one thousand (1,000) Complimentary Products. Once SolarEdge has exchanged one thousand (1,000) inverters under the Program, the Program shall automatically terminate.
5.2 To the fullest extent permitted by law each participant releases SolarEdge from any and all costs, damages, expenses, and losses which any participant may suffer or incur as a result of SolarEdge's action or inaction arising out of or in connection with this Program.
5.3 Limitation of Liability - No Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, SOLAREDGE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, INJURY, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING (WITHOUT LIMITATION) LOST PROFITS, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, OR OTHER ECONOMIC ADVANTAGE, HOWEVER, THEY ARISE, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY OR IN TORT, INCLUDING NEGLIGENCE AND EVEN IF SOLAREDGE HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RELEASE FROM LIABILITY. YOU HEREBY RELEASES, ACQUITS AND DISCHARGES SOLAREDGE FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, SUITS OR OTHER TYPE OF FINANCIAL AND/OR OTHER LIABILITIES IN CONNECTION TO THIS PROGRAM.
5.4 This Program will be exclusively governed by the laws of Victoria, Australia, without regard to its conflict of laws principles. Any dispute will be submitted to the exclusive venue of the appropriate courts located in Victoria, Australia.