Ziccarello v Sanyo Energy (U.S.A.) Corp.

This lawsuit claimed that Sanyo-brand solar panels in the HIP-xxxBA3 model series and similarly designed model series (including the HIP-xxxBA2 and HIP-xxxBA5 model series) “delaminate” over time, meaning that the laminated parts of the solar panel separate from each other.  The plaintiff claimed that delamination could decrease the amount of power generated from a panel in some situations.

The Plaintiff also claimed that the Defendants did not correctly apply a limited power warranty for these “delaminated” solar panels, which is supposed to provide a refund, repair, or replace solar panels if their power output falls below specific levels in certain conditions (“Power Warranty”).  The Plaintiff also claimed that the Defendants did not take electrical measurements of the power output of Sanyo-brand solar panels after Defendants received these Power Warranty claims.

Defendants denied these claims.  The Court did not decide who is right. The Court did not find any of the Defendants liable for any of Plaintiff’s claims.

The Court did not decide in favor of the Plaintiffs or Defendants.  Instead, both sides agreed to a Settlement.  By agreeing to the Settlement, they avoided the costs and uncertainty of a trial, and Settlement Class Members received the benefits described in this notice.  The proposed Settlement does not mean that any law was broken or that the Defendants did anything wrong.  The parties believe that the Settlement is fair, reasonable, and adequate and provides substantial benefits to the Settlement Class.

If you received mailed notice of the Settlement, then you are believed to be a Settlement Class Member.  But even if you did not receive a notice by mail, you may be a Settlement Class Member.

You are included in the Settlement Class if you are one of the following:

1. Original Purchaser: A person or entity in the United States who purchased and installed Sanyo Settlement Panels for residential use (see Question 3).
   
   
2. Subsequent Title Holder: A person who purchased a private residence, building, or ground mounted Sanyo solar system in the United States on which Sanyo Settlement Panels were originally installed for residential use.

The Settlement does not include:

• Defendants, any entity in which any Defendant has a controlling interest, and Defendants’ legal representatives, heirs, and successors;
• Settlement Class Counsel and any member of Settlement Class Counsel’s immediate family; and
• Any judge to whom any aspect of this case is assigned and any member of that judge’s immediate family.
  

Settlement Class Members with qualifying solar panels may receive a replacement panel or cash payment for each qualifying panel after submitting a claim form and supporting documents.

This procedure to submit and resolve settlement claims will replace the current procedure to submit and resolve claims regarding “delamination” under the 20-year Sanyo limited power output warranty.

The settlement also provides updated instructions for submitting future warranty claims about Sanyo Settlement Panels that are unrelated to qualifying damage.  The Settlement Agreement, available under the Documents section of this website, has more information.

1. Replacement Panel: You may be sent a new or refurbished solar panel to replace each qualifying Sanyo Settlement Panel.  A replacement panel provided as part of this Settlement may be different in size, color, shape, model number, manufacturer, and/or power level from your qualifying Sanyo Settlement Panel, and from other replacement panels that Defendants provide if you have more than one qualifying panel.  However, all replacement panels will generate the level of power output guaranteed under the applicable Sanyo 20-year limited power output warranty.
   
   
2. Payment: You may be sent a payment equal to the original purchase price of your qualifying Sanyo Settlement Panel, after reducing for depreciation.  Depreciation will take into consideration the original purchase price, the time that has elapsed since purchase, and the amount of time left in your Power Warranty period of twenty (20) years.

For example, a payment for a qualifying panel purchased 10 years ago at a purchase price of $700, would be $350, or half the original purchase price.

For the purposes of this calculation, a partial year of less than six months is not counted for depreciation purposes; and a partial year of 6 months or more is counted as a full year for depreciation purposes.  For example, if a qualifying panel was purchased nine years and five months before the claim was submitted, the payment would be reduced for nine years.  However, if a qualifying panel was purchased nine years and six months before the claim was submitted, the payment would be reduced for 10 years.

If you cannot provide the original purchase price of your qualifying panel, then your payment will be the based on the value of a panel with an original purchase price of $700.

If you are a Settlement Class Member, you may be able to receive a replacement panel or payment, described in Question 10, as long as you meet all of the following requirements:

1. You own one or more Sanyo Settlement Panels for which the 20-year Power Warranty has not expired.  This means that it has been less than 20 years since the date your Sanyo Settlement Panels were originally purchased.  If you are a Subsequent Title Holder, less than 20 years must have elapsed since the Sanyo Solar Panels were purchased by their original owner; 
   
   
2. One or more of your Sanyo Settlement Panels shows clear visible evidence of “Qualifying Damage” (see Question 16);
   
   
3. You fill out and submit a Claim Form, along with photographs of your Sanyo Settlement Panels with Qualifying Damage and proof that you own the Sanyo Settlement Panels, before the deadline (see Question 19). The deadline is the earlier of: 20 years of the date your panels were originally purchased or December 31, 2029;
   
   
4. You or anyone else (including the previous owners) have not already received compensation or another warranty or settlement remedy from the Defendants for the Sanyo Settlement Panels in your claim;
   
   
5. None of the warranty exclusions that apply to the 20-year Power Warranty apply to the Sanyo Settlement Panels in your claim. A copy of the Sanyo 20-year Power Warranty which includes a full list of these exclusions can be found in the Documents section of this website.  For example, if a panel was broken by a falling rock or other debris before you submitted your claim, that panel would be excluded; and
   
   
6. You provide additional photographs, when requested, of the label (including the manufacturer, model number, and serial number) and full backside of each panel, to confirm that the panel is a Sanyo Settlement Panel.
   

• One or more contiguous (or adjacent) sections of circular delamination,
• Each section has a diameter of 25 millimeters or greater, and
• It was not caused by external damage.

If your Sanyo Settlement Panel matches all of these requirements, it has “Qualifying Damage.”

Qualifying Damage does not include:

• Circular delamination with a diameter less than 25 millimeters
• Linear delamination
• Dot delamination, or
• Any delamination caused by external damage.

Some examples of panels with and without Qualifying Damage can be found in the Documents section of this website.

The deadline to object to the Settlement passed on May 28, 2021.  You may no longer object to the Settlement.

The deadline to exclude yourself from the Settlement passed on May 28, 2021.  You may no longer exclude yourself from the Settlement.

To file a Limited Warranty claim for Sanyo-brand solar panels in the HIP-xxxDA3 or HIP-xxxBA19 model series, please submit your claim information to PANASONIC LIFE SOLUTIONS COMPANY OF AMERICA, a Division of Panasonic Corporation of North America, Two Riverfront Plaza, Newark, NJ 07102, or by email to [email protected].