Lamaru®

This document aims to establish and present the criteria established by LANDATU SOLAR SOCIEDAD LIMITADA under which our Lamaru® product warranty system will be regulated.

LANDATU SOLAR S.L. (hereinafter referred to as “Landatu” or the “Company”, interchangeably), with its registered office at P.I. Leguizamón. C/ Nerbioi 3 (Módulo 1), 48450 Etxebarri, Bizkaia, Spain, and tax identification number NIF ESB09960816, develops and issues the following document, thereby establishing the LIMITED WARRANTY DECLARATION for its floating system for solar panels LAMARU®.

Our floating system and its modular floaters LAMARU® are manufactured from high-density polyethylene (HDPE), to which a series of additives are incorporated in order to improve its properties and performance against various external agents.

Our production is subject to various and strict quality controls carried out by our QA Department, which establishes a series of tests and periodic monitoring of the units produced. As a result, manufacturing defects are largely mitigated or even excluded from the commercialization of our products.

According to the tests and analyses performed by Landatu, our floating system has an estimated useful life of over 25 years, thanks to the materials used in its manufacture and its product design.
For the anchoring system, the estimated service life is 10 years. Warranty coverage is limited to defects in materials and workmanship, expressly excluding wear and tear, damage due to use/abrasion, UV/chemical/biofouling effects, overloads, or improper installation/maintenance.

Once the installation of any of our products has been completed, the client must verify its correct assembly by inspecting the interconnection of the different parts forming the structure. Within the possibilities of the project and the installation, the correct operation of the floaters, as well as of the installed anchoring systems, must be confirmed and ensured.

Landatu establishes that the warranty for its floaters shall begin from the date of invoicing of the material received by the client (“Warranty Commencement Date”), guaranteeing that the floaters are free from material and workmanship defects under normal conditions for their intended application, installation, and service.

Landatu offers a TEN (10) year warranty period from the Warranty Commencement Date.

Any repair or replacement of our products, including additional floaters, shall in no case and under no circumstances give rise to or trigger a new commencement date under the warranty terms, nor shall it extend in any way the original terms of this warranty document.

This warranty exclusively covers manufacturing defects attributable to Landatu. Under no circumstances shall it be construed as a guarantee of the performance of the photovoltaic system in which the floaters are installed, nor of their compatibility with other structural or electrical components not supplied by Landatu.

To make this warranty certificate effective, the applicant company must provide its name and tax identification number (NIF), together with the invoice showing the invoice number or reference, date, amount, and value paid for the LAMARU® system floaters, and must send both documents duly signed (that is, the invoice and this document, the “Warranty Certificate”) within a period not exceeding thirty (30) days from the date of issuance of said invoice, to the following email address: info@landatusolar.com, or by certified letter in writing to Landatu’s address as stated in the header of this document.

The customer must attach to the aforementioned documentation detailed information about the installation for which the warranty is being requested. Such information must include, at a minimum, the following details:

a) Installation Location: The exact address or geographic coordinates of the installation site must be provided.

b) Basic Installation Characteristics: This information must include, but not be limited to: installation drawings (floating island and anchoring systems), site characteristics, photos of the floating part and anchoring system of the installation, as well as any other relevant element or component used in the installation.

The customer acknowledges and accepts that it is their responsibility to provide the required information in a timely and accurate manner to ensure the proper processing of any warranty request.

Warranty-related claims must be notified within the established period and in the manner indicated herein.

Any claim associated with this warranty document shall only be accepted following proper written notification of the claim within ten (10) days from its identification, and shall be subject to presentation of this document and proof of purchase. For this purpose, supporting evidence of the deterioration or damage must also be provided, including photos or videos, sent to the aforementioned email address.

Any claim must include all evidence, documents, and/or purchase invoices related to the claim in order to verify the delivery and installation date. The purchase invoice must be an official invoice from our company or an authorized distributor, clearly showing the end client’s details, date of purchase, quantities, and prices corresponding to the purchase of LAMARU® system floaters. It must always include the seal or signature of Landatu or one of its authorized distributors.

Under no circumstances shall the direct return of any of our products be accepted without prior authorization from us, resulting from a properly managed claim as described herein.

Any claim brought against Landatu under this warranty shall only be considered valid and enforceable if the purchaser is able to provide timely and sufficient evidence of the defective condition of the LAMARU® floaters, proving that such condition results exclusively from manufacturing or material defects and/or defects in workmanship during production.

If sufficient evidence is presented demonstrating that the floaters have failed to comply with the warranty described herein, Landatu shall, at its sole discretion, either repair or replace only the defective floaters, or, alternatively, opt to refund the purchase price if the circumstances so determined by Landatu justify such action.

Any replacement products shall remain the responsibility and property of Landatu, and Landatu reserves the right, at all times and at its sole discretion, to determine the delivery process, setting reasonable criteria throughout, including the means and timing of delivery, as well as the type of replacement product provided, which may differ from the original in shape, color, size, or model, due to product discontinuation, renewal, or updates.

Landatu may require a physical inspection of the floaters at the installation site before issuing a resolution. Should the client refuse such inspection, the claim shall be automatically dismissed.

This warranty does not cover costs of disassembly, reinstallation, transportation, or handling of replaced products, all of which shall be borne entirely by the client.

Landatu shall under no circumstances be responsible for any expenses incurred by the client in the process of gathering evidence or proof of malfunction of the floaters, nor for transportation costs of defective floaters to our facilities or their replacement at the installation site.

This warranty shall be invalid and shall not cover any failure or defect in the floaters arising from improper installation, maintenance, or any special or unknown operating conditions beyond Landatu’s control, including but not limited to damage caused by storms, loads exceeding those established in our technical manuals resulting from external agents such as snow, sand, adverse chemical or biological effects, wind gusts exceeding studied loads, water level variations exceeding the limits defined in the installation project, or impacts, damage, or obstructions caused by external agents, objects, or bodies.

The installation and maintenance of our floating systems must always be carried out by qualified personnel trained by Landatu, following and completing the steps as set out in the manuals and instructions provided by Landatu, which define the intended use and purpose for which the products were designed and manufactured, including the different load and stress levels they can withstand according to the installation design.

Handling of the floaters is restricted to qualified technical personnel trained by Landatu, who must be familiar with and follow the procedures established in the LAMARU® installation and maintenance manuals.

The customer acknowledges and accepts that, as part of the terms of this warranty, it is their responsibility to perform annual maintenance of the installation covered by this warranty. The Client must follow the recommendations detailed in the manual provided by the Guarantor.

The customer undertakes to submit the maintenance logbook of the installation to the Guarantor for any warranty-related claim. The logbook must be properly completed, showing the dates and details of the maintenance checks performed.

Compliance with this annual maintenance requirement is an essential condition for the validity of this warranty. The Guarantor reserves the right to deny warranty service if the Client fails to comply with this obligation.

The customer is solely responsible for scheduling and performing the annual maintenance of the installation. Any damage or malfunction resulting from inadequate maintenance shall not be covered by this warranty.

Landatu shall not, under any circumstances, be liable for any damage or injury to persons or property, or for any event, situation, loss, or injury arising from or related to the use of our floaters, including, without limitation, any defect in the floaters, their use, or their installation.

Landatu shall in no case be held liable for any incidental, consequential, or special damages, regardless of the cause. Expressly excluded are any losses of income, use, profits, or production, without limitation. Should liability arise, Landatu’s aggregate liability, whether in damages or otherwise, shall not exceed the value of the defective LAMARU® floaters as reflected on the invoice presented by the client to Landatu or an authorized distributor, corresponding exclusively to the floaters sold, invoiced, and paid for by the client for that specific installation.

Landatu’s liability shall be null and void toward the Customer or any third party for any delay in fulfilling this warranty document or the sales process caused by external elements or agents such as fires, floods, blizzards, hurricanes, pandemics, earthquakes, terrorism, wars, riots, strikes, shortage of workers or raw materials, or any other event beyond Landatu’s direct control. In such cases, Landatu shall be exempt from all liability, including the obligation to repair or replace the products affected by these events.

If any provision of this warranty is deemed invalid, null, or unenforceable, the remaining provisions shall continue to be valid and enforceable. Likewise, under any applicable national or international legislation that may affect or interfere with any of the above clauses, the remaining clauses, terms, and conditions of this warranty document shall prevail and remain in force.

This warranty and this document shall supersede and/or exclude any other warranty document, including express or implied warranties such as warranties of merchantability or fitness for a particular purpose, or any other liability attributable to Landatu, unless such obligations and responsibilities are agreed to in writing and signed by Landatu.

The Customer, as beneficiary of this warranty, undertakes not to assign, transfer, or delegate their rights under this warranty to any other party without the prior written consent of Landatu. Any attempt to assign without written authorization from Landatu shall be null and void.

This document shall be governed by Spanish law. Any dispute arising out of or in connection with this contract shall be exclusively submitted to the courts of Bilbao (Spain), and the parties expressly waive any objection based on lack of jurisdiction, improper venue, or any similar reason.

This warranty, as developed in this document, includes certain limitations and exclusions and shall not apply to sales that fall under one or more of the following circumstances:

• Total or partial non-payment of the purchase price agreed between the parties and stated on the final and official invoice issued by Landatu or any accredited distributor.
  
• Delays in payment exceeding fifteen (15) days from the terms agreed between the parties.
  
• When, after review, the installation and/or assembly of the solar structure, including floaters, anchors, and connecting parts used, does not comply with the instruction manual provided by Landatu for LAMARU®.
• Lack of quality control or inspection execution during the various project phases, according to the inspection points defined in our project documentation and/or installation manuals.
  
• If, after inspection by Landatu personnel upon completion of the installation project—whether on-site or based on documentation received from the client—it is determined that the installation does not meet the quality criteria and requirements of our project parameters or inspection points. In such case, to activate this warranty, it shall be the client’s responsibility to correct the identified installation defects and request a new inspection by Landatu to confirm and reactivate the warranty process.
• Mandatory Maintenance Condition: the validity and continuity of the warranty, both standard and extended, are subject to the following requirements:

a) The installation must undergo periodic maintenance at least once every twelve (12) months.
b) Such maintenance must be carried out by qualified technical personnel, trained and authorized by Landatu.
c) All maintenance activities must be recorded in the official Maintenance Logbook of the installation, duly signed by the responsible technician and kept by the Client.

• Unauthorized Access to the Installation: for safety, traceability, and warranty preservation reasons, access to and any technical intervention on the LAMARU® floating installation —including flotation systems, structures, and mooring components— shall be carried out only by qualified technical personnel duly trained and authorized by Landatu, and familiar with the installation and maintenance procedures established by the company. Any access, handling, or intervention by the Client or third parties without prior notification and express written authorization from Landatu may result in the suspension of the warranty coverage, and its definitive cancellation if it is demonstrated that such action may have caused, aggravated, or affected the traceability of a defect. Justified emergency actions may be carried out without prior authorization, provided that Landatu is notified within five (5) days and supplied with a report describing the event and the personnel involved.