Warranty Issues with Sunpower

[Souler]

Good morning all. First time poster and thanks for this thread it has been very helpful. My screen grabs look like yours showing dramatically reduced production and I am getting the same treatment as many describe here. I do have a question for some here who may know. If my twelve panel system had 11 type E inverters and one type C inverter would that cause me problems?

I appreciate any input.

[J.P.M.]

I'm not a lawyer. As such, I can't give legal opinions and anything I say about laws is merely the words of a layman.

That said, it sure seems like Jpjannarone has a valid problem. If he can get an independent engineering firm or licensed engineer to certify that the system is not performing to specifications, he would have a strong case against Sunpower.

There is a legal concept of implied warranty, which in many cases, can't be waived, even if the printed warranty claims that this excludes implied warranties. From what I've read, an implied warranty reqires that good sold are guaranteed to work for the intended purpose and also guaranteed to work as specified. Laws on these warranties vary from state to state. Sunpower operates across state lines, so may be judged to a higher standard as well. It's all very complicated.

The bottom line is that, IF the system is not working as intended and it can be proven, Sunpower may be legally obligated to correct it in a timely fashion. Two different courts in the same city could decide the case differently. One court might rule punative damages on top of repair. Another might dismiss the whole case.

Please let us know if this is ever resolved.

I'll readily admit that if things turn ugly, the success or failure of a claim under a performance warranty may well depend on convincing some judge, or if mandatory arbitration is used, some arbitrator of the rightness of your cause. As a practical matter, that's kind of a luck of the draw sort of thing.

If Sunpower (or any panel mfg.) gets porky about it, the rub will come down to proving the product is not performing to warranted standards, or if things get noisy enough, the mfg. or installer or both might see the wisdom of caving and cut a deal with the customer if they (the mfg. or vendor) think the bad will created and made visible in the media is more costly than buying the customer off and hopefully shutting the customer up.

Or, in doing so, maybe turning the customer away from the dark side by giving the customer more than they're bitching about and so turning them into a testimonial. FWIW, having been a peddler, if I was peddling S.P. stuff, I'd lobby for moving in such a direction.

Reading the Sunpower warranty, under section 1 of "Sunpower Limited Power and Product Warranty for PV Panels", and footnote 2 at the bottom of the 1st page of that warranty that covers details and testing specs used to determine power output, testing to a couple of standards is required.

Since such testing requires test equipment not easily transported to a site - I don't know for certain, but I suspect there aren't too many panel flash testers that will fit on a roof or for that matter are portable at all, particularly for placement on a residential roof - I'd suggest that such conformance requires removal of the suspect product.

Questions:
1.) Who pays for the removal, transport, testing and reinstallation if the panels prove to be within warranty limits ?
2.) How many users know how to read a production warranty and the S.O.P. for making a claim ?

NOMB, but finding out such details might make some folks change their mind about warranty claims, their value and purpose. Their main value is to mfgs. as a marketing tool.

[Jpjannarone]

A class action is in the process for Sun Powers refusal to honor the agreement and consumer fraud.

My attorney is Josh Bauchner

jb@ansellgrimm.com

If others are experiencing production/warranty/product failure they have a recourse.

[bob-n]

I'm not a lawyer. As such, I can't give legal opinions and anything I say about laws is merely the words of a layman.

That said, it sure seems like Jpjannarone has a valid problem. If he can get an independent engineering firm or licensed engineer to certify that the system is not performing to specifications, he would have a strong case against Sunpower.

There is a legal concept of implied warranty, which in many cases, can't be waived, even if the printed warranty claims that this excludes implied warranties. From what I've read, an implied warranty reqires that good sold are guaranteed to work for the intended purpose and also guaranteed to work as specified. Laws on these warranties vary from state to state. Sunpower operates across state lines, so may be judged to a higher standard as well. It's all very complicated.

The bottom line is that, IF the system is not working as intended and it can be proven, Sunpower may be legally obligated to correct it in a timely fashion. Two different courts in the same city could decide the case differently. One court might rule punative damages on top of repair. Another might dismiss the whole case.

Please let us know if this is ever resolved.

[J.P.M.]

Did Sun Power ever make good on their production warranty with me? My answer is no they did not.

The picture I posted was from the BBB in regards to another victim of Sun Power’s failed product.

My point was to clarify that the do have a production guaranty and should make good on their warranty promises.

I don't think anyone who's informed on the matter said or could say Sunpower does not have a production warranty.

What a careful read of the production warranty as read from Sunpower's (or just about any panel mfg's.) perspective will probably do is lead to the conclusion that it's almost impossible for a user to get or have the data necessary to justify a warranty claim and that the determination of the accuracy of any claims and any action on those claims by Sunpower is pretty much at Sunpower's discretion.

Production warranties read great until you start reading the fine print and then do the homework to find out what all the fine print means and what's required.
The purpose of production warranties is marketing.
If a warranty claim is paid, it's as much or more about public relations and public perceptions and how those things will impact sales as anything else.

[Jpjannarone]

Did Sun Power ever make good on their production warranty with me? My answer is no they did not.

The picture I posted was from the BBB in regards to another victim of Sun Power’s failed product.

My point was to clarify that the do have a production guaranty and should make good on their warranty promises.

[Jpjannarone]

Sorry. Completely my user error. Thank you for your help.

[SunEagle]

Test. Test. Have I been blocked?

No you have multiple weblinks so your posts have gone to review first.

I have approved one of your posts and deleted the other duplicate ones

[Ampster]

Did they agree to pay you, or is that email about someone else?

[Jpjannarone]

E4D8B7B6-7BC5-4760-9FDF-441CA108366F.png
Sunpower agreed to pay for lost production

Better Business Bureau Post

I have used Josh Bauchner Esq to file a class action law suit in Federal Court.

jb@ansellgrimm.com

[Jpjannarone]

Test. Test. Have I been blocked?

[Jpjannarone]

To those that question the Sunpower production warranty. Please see Sun Power response:

https://www.bbb.org/us/ca/san-jose/profile/solar-energy-equipment/sunpower-corporation-1216-1000003143/complaints

See Sunpower response dated 10/24/2019.

Sun Power agreed to pay for lost production!

I have filed a class action law suit in Federal Court for Sunpower’s multiple failures.

Contact Josh Bauchner Esq.

jb@ansellgrimm.com.

[Jpjannarone]

Sir,

if you like I can send you a copy of the production guarantee. I would not disparage a company without proper documentation.

The installer was not the issue. The installer was the only one who used a dome looking sun meter and told me I had to cut down a tree due to shading prior to install.

The installer worked hard to get the issue resolved but Sunpower engineers refused to listen. Black burn marks on the rear of the panels seemed to beca dead giveaway to the men that tried to do the repairs.

oh and the monitoring device that was supposed to alert problems ( that i paid extra for ) nope that never triggered a response or alert from Sunpower.

Did you read my post about electrons aligning? Really?

I may not be an electrical engineer but I did pass a few science classes in my day.

I stand by my statement that the system failed. Sunpower ignored me for years. I finally filed a consumer fraud case in Federal Court and am awaiting the class action certification.

If my claim was without merit I have faith that a Federal Court Judge would dismiss it with prejudice.

Sunpower did try to blame the installer. Even though the installer was their “certified” installer.

If you need anymore specifics to validate my accusation I am happy to supply then.

There does not appear to be a shortage of BBB complaints for failure to repair or replace Sunpower failed systems. On the BBB page they even promise to pay for lost production to another complainant. Never offered me a penny for the loss I took.

Buyer beware. Sunpower is a huge disappointment.

I am hoping others who have been bullied by Sunpower speak up.

[Ampster]

......... I have been complaining for 7 years?

No reimbursement for the production loss. No compensation for my SREC losses (that were calculated in my pay off equation)

I do not want others to fall prey to Sunpowers failed promises of honoring a warranty.

I don't know a manufacturer that offers reimbursement for production loss. My installer of a SolarEdge system offered a production guarantee but the agreement is silent about reimbursement for production loss. In any case I know it does not fall on SolarEdge. Does your contract have terms to that effect? Did Sunpower warranty production?
I don't mean to sound like a Sunpower fanboy but it sounds like you got a bad installer. Could the production loss have been the result of a bad system design?

[Ampster]

I have a good relationship with a Sunpower installer who put a small system on a townhome that I rent out. It is too soon to tell if I will have any problems but maybe I am the exception not the rule. On my current home I did buy some used Sunpower panels and they are working fine for being 10 years old. I don't have any expectation of service or warranty but I was drawn to them because of their reputation. Good luck with your situation.