Performance Warranties for Residential and Light-Commercial Photovoltaic Systems

摘要

The law of warranties is covered primarily by the Uniform Commercial Code and the Federal Magnuson-Moss Warranty Act. Both are analyzed in regard to photovoltaic (PV) systems. Warranties - written, oral, and those implied by law - are discussed. The potential liabilities of manufacturers and sellers of PV equipment are investigated and are perhaps larger than realized. Legal methods to limit such liabilities are discussed. Some states require written warranties for solar energy systems. Presently, PV warranties cover primarily materials, workmanship, and electrical performance; all are highly defective legally, none conform with the Magnuson-Moss Warranty Act, and potential liability under the Uniform Commercial Code is great. Some PV warranties attempt to limit liability improperly and are probably invalid. As PV systems penetrate the market, a need arises for an inexpensive test to check if warranties meet required electrical performance. One test is suggested and discussed. In general, the PV industry lacks understanding of warranty law and its liabilities; this law is examined and specific problems discussed. (ERA citation 06:018307)