PRODUCT FACTORY WARRANTY - sonnen, Inc.

 

I. WARRANTY

1. Warrantor.

Warrantor is sonnen, Inc., 10800 Burbank Blvd., Suite #C, Los Angeles, CA, 91601(“sonnenBatterie”)

2. Products.

The following limited warranty terms and conditions (collectively, the “Factory Warranty”) apply exclusively to sonnenBatterie products of the following types (“Covered Products”): which:

• US eco 2.0 (or higher), installed after July 31, 2015,

• were manufactured by and bear the original manufacturing label of sonnenBatterie

• were sold by sonnenBatterie directly or through a certified sonnenBatterie dealer (“Authorized Dealer”) as new products in the United States and Canada;

• were installed and commissioned by an Authorized Dealer within the United States, Canada.

3. Product Warranty.

For Covered Products, sonnenBatterie covers all defects in workmanship and materials during the Warranty Period under normal application, installation, use and service conditions as specified in sonnenBatterie’s standard product documentation, and subject to the conditions listed below (“Product Warranty”). The Product Warranty is not intended to be a durability warranty, as end-user conditions and usage is variable.

4. Performance Warranty.

sonnenBatterie guarantees that the actual storing capacity of the original battery pack included in the Covered Product (“”Battery Pack”) will be not less than 70% of the labeled storing capacity. SONNENBATTERIE PRODUCT FACTORY WARRANTY 03/2016 SONNENBATTERIE PRODUCT FACTORY WARRANTY 03/2016 2

5. Warranty Obligations.

(a) During the Warranty Period, sonnenBatterie will, at its option, repair the defective parts (if economically feasible) or replace the defective part free of charge, provided that you properly notify Sonnenbatterie of the product defect within the Warranty Period, and provided that sonnenBatterie, through inspection, establishes the existence of a defect covered by this Limited.

(b) sonnenBatterie will, at its option, use new and/or reconditioned parts in building replacement parts. sonnenBatterie reserves the right to use parts or products of original or improved design in the repair or replacement of your product. If sonnenBatterie repairs or replaces a product part, its warranty continues for the remaining portion of the Warranty Period or 90 days from the date of the repair or replacement, whichever is greater.

(c) This Factory Warranty covers sonnenBatterie costs for materials necessary to reestablish trouble free operation of the Covered Product. This Factory Warranty does NOT cover, however, costs of installation, cost of removal, cost of labor for repair, cost of shipping or cost of reinstallation of a Covered Product or parts thereof.

(d) EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, THE FOREGOING REMEDIES STATE SONNENBATTERIE’S SOLE AND EXCLUSIVE OBLIGATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE FOREGOING LIMITED WARRANTY.

6. Warranty Term.

(a) The warranty period (“Warranty Period”) for the Covered Product commences upon the initial purchase from sonnenBatterie or an Authorized Dealer (as evidences by the purchase invoice date).

(b) The Warranty Period for the Product Warranty (Section 3) terminates upon the earlier of (i) 123 months after purchase of the Covered Product, or (ii) 120 months after installation of the Covered Product by an Authorized Dealer.

(c) The Warranty Period for the Performance Warranty (Section 4) terminates upon the earlier of (i) 123 months after purchase of the Covered Product, or (ii) 120 months after installation of the Covered Product by an Authorized Dealer, or (iii) 10,000 full (100%) charging cycles of the Battery Pack.

7. Persons Entitled to Make Warranty Claims.

Warranty claims may only be made by the original purchaser of a Covered Product, if the Covered Product has been registered through sonnenBatterie’s product registration website during SONNENBATTERIE PRODUCT FACTORY WARRANTY 03/2016 3 the installation process by the Authorized Dealer, or a person to whom the title to the Covered Product has been transferred, provided that the Covered Product remains in its original location and configuration (including, without limitation, a purchaser of a building, who acquires the covered product as a fixture to the building).

8. Claim Notice.

(a) If you believe that you have a justified claim covered by this Factory Warranty, you must submit the claim in writing (“Claim Notice”) to sonnenBatterie within the applicable Warranty Period to sonnenBatterie’s address set forth above, or such future address as sonnenBatterie may provide from time to time. Any Claim Notice must include the following information: • the serial number of the Covered Product for which a Claim Notice is being sent; • a copy of the dated purchase receipt for the Covered Product; • a copy of the installation protocol for the Covered Protocol signed by an Authorized Dealer; • information about the use of the Covered Product in reasonable detail; and • information about the defect in reasonable detail.

(b) Upon receipt of your Claim Notice sonnenBatterie may ask for further information or claim verification from you, receipt of which will be required prior to processing the claim.

(c) Upon acceptance of your warranty claim, sonnenBatterie may require that you send the Covered Product at your own costs to a sonnenBatterie warranty claim center located in the United States.

 

II. WARRANTY LIMITATIONS

1. Excluded Warranty Claims

(a) sonnenBatterie makes no warranties, either expressed or implied, orally, or in writing, with respect to any other warranty coverage except those expressly stated in this limited Factory Warranty

(b) The Factory Warranty does not cover damages that occur due to:

• Transport damage; SONNENBATTERIE PRODUCT FACTORY WARRANTY 03/2016 4

• Installation or commissioning through any person which is not an Authorized Dealer; • Failure to observe the user manual, maintenance regulations and intervals;

• Modifications, changes, or attempted repairs, except as conducted by an Authorized Dealer;

• Incorrect use or inappropriate operation;

• Insufficient ventilation of the Covered Product;

• Failure to observe the applicable safety regulations; or

• Force majeure.

(c) This factory warranty does not cover cosmetic defects which do not directly influence energy production, or degrade form, fit, and function.

(d) Claims that go beyond the scope of this limited Factory Warranty, in particular claims for compensation for direct or indirect damages arising from the defective device, for compensation for costs arising from disassembly and installation, or loss of profits, are expressly NOT covered by this Factory Warranty.

(e) In no event will sonnenBatterie be held responsible or liable for any personal injuries resulting from the use of the system, or for any other damages, whether direct, indirect, incidental, or consequential; even if sonnenBatterie has been advised of such damages.

2. Internet Connectivity.

As a condition to this limited Factory Warranty, sonnenBatterie requires continuous online access to the Covered Product via internet connection. This Factory Warranty requires that the Covered Product will be properly connected to the internet through your internet provider and expressly excludes any defects resulting from your acts or omissions that prevent sonnenBatterie from accessing the Covered Product online as may be required for software upload or performance data download.

 

III. General.

This limited Factory Warranty and the terms contained herein supersede all statements contained in any and all user manuals, installation manuals, other equipment literature or catalogs, or orally with respect to any product or performance warranty for Covered Products.