TECLOMAN Firefly Lithium-ion battery system Limited Warranty in Australia
Effective Date: November, 2018
1. Product Warranty
Firefly 3k/7k/10k/14k Battery Storage System
This limited warranty (hereinafter “Warranty”) specified below applies to Firefly Lithium-ion batteries, the inverter and the Accessory Components (hereinafter “Products”) supplied by Tecloman (hereinafter “Tecloman” to End-user (hereinafter “Customer”) through Authorized to Reseller.
2. The warranty period of the Product (“Product Warranty Period”) is specified as follows:
The warranty period shall be ten (10) years from the Date of Installation.
3. In the event that the Product fail to conform to the above warranty during the Product Warranty Period, TECLOMAN shall at TECLOMAN’s option: (i) repair the non-conforming or defective Product; or (ii) provide Customer with a replacement for the Product without undue delay, within 7 working days plus delivery dates. TECLOMAN shall be responsible for all reasonable costs of repair or replacement in connection with such non-conforming or defective Product. Any defects in products arising from Customer’s misuse, natural disaster, unauthorized change or repair, or abnormal installation environment shall be repaired or replaced at Customer’s cost (Refer to Article 4).
II. Performance Guarantee
1. In addition to the Product Warranty, TECLOMAN guarantees performance of the Product to be maintained at least seventy percent (70%) of initial battery’s capacity for a period of ten (10) years after the Installation Date or for minimum Energy Throughput as per the table below (whichever occurs earlier) (“Performance Guarantee Period”), when the battery systems is operated under normal use followed by the specification and the manual provided by TECLOMAN.
2. The term “Nominal Energy” herein means the initially rate capacity of the Products as printed on the label of the Products. The precondition of the valid 10 year Performance Warranty shall be as follows:
(i) The ambient temperature during the operation of the Product shall not fall below -10° C or exceed 45° C.
(ii) The energy throughput for battery products is less than values in table below:
Usable Storage Capacity
Energy Throughput for Whole Designed Life
III. Limitation of Warranty
1. To the greatest extent permitted by law, this limited warranty is the only express warranty made in connection with the Product. Any other warranties, remedies and conditions, whether oral, written, statutory, express or implied (including any warranties of merchantability and fitness for purpose, and any warranties against latent or hidden defects) are expressly disclaimed. If such warranties cannot be disclaimed, to the extent permitted by law, TECLOMAN limits the duration of and remedies for such warranties to the durations and remedies described in this Limited Warranty.
Some countries do not allow disclaimers of implied warranties or limitations on how long an implied warranty lasts, meaning the above disclaimers and limitations may not apply to you.
2. The decision whether to repair or replace the Product is at TECLOMAN’s sole discretion unless there is a ‘major failure’ as defined in the Australian Consumer Law.
3. Any physical repairs, replacement or collection of the Product will be performed by TECLOMAN or its Authorized Reseller as follows:
(a) The repair, replacement or collection will be carried out from the place at which the Product was first delivered.
(b) If the claim is covered, TECLOMAN, through the Authorized Reseller will deliver any repaired or replaced Product back to the Customer.
(c) If the claim is not covered, TECLOMAN, through the Authorized Reseller will deliver the Product back to the Customer.
(d) If the claim is not covered, the Customer will be responsible for any transport, travel and labor costs incurred in dealing with the claim.
(e) If the claim is covered, TECLOMAN, through the Authorized Reseller will be responsible for any transport, travel and labor costs.
(f) If the claim is covered, a refurbished Product of the same type may be used to replace the unit. Refurbished parts may be used to repair the Product.
(g) In the event that any Product is not available in the market anymore, TECLOMAN, through the Authorized Reseller, at its own discretion, may replace it with a different kind of product with equivalent functions and performances or refund the remaining annually depreciated value of the purchase price of the Products during the Term of Performance Warranty as the Compensation Scheme below. The purchase price mentioned herein indicates the price actually paid by the Customer of the Product.
Percentage of Price
From initial installation date to 12th month
From 13th to 24th month
From 25th to 36th month
From 37th to 48th month
From 49th to 60th month
From 61st to 72nd month
From 73rd to 84th month
From 85th to 96th month
From 97th to 120th month
From 109th to 121st month
4. The Customer shall promptly (but in any event within fifteen (15) days after obtaining notice or knowledge thereof) notify TECLOMAN of any defect or other non-conformity with any of the Product Warranty identified by the Customer by delivering written notice (fax or email is sufficient) to TECLOMAN Authorized Reseller of a warranty claim. TECLOMAN shall promptly notify the Customer of any defect or other non-conformity with any of the Product identified by TECLOMAN.
IV. Limitation of Liability
TO THE GREATEST EXTENT PERMITTED BY LAW, TECLOMAN SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AND EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY, REGARDLESS OF THE FORM OF ACTION AND REGARDLESS OF WHETHER TECLOMAN HAS BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF DAMAGES. TO THE GREATEST EXTENT PERMITTED BY LAW, TECLOMAN’S LIABILITY ARISING OUT OF A CLAIM UNDER THIS LIMITED WARRANTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT. THIS LIMITED WARRANTY IS PROVIDED IN ADDITION TO, AND DOES NOT EXCLUDE, RESTRICT OR LIMIT ANY RIGHTS A CUSTOMER HAS UNDER THE AUSTRALIAN CONSUMER LAW.
V. Limitation on Use
THE PRODUCT IS NOT INTENDED FOR USE AS A PRIMARY OR BACK-UP POWER SOURCE FOR LIFE-SUPPORT SYSTEMS, OTHER MEDICAL EQUIPMENT OR ANY OTHER USE WHERE PRODUCT FAILURE COULD LEAD TO INJURY TO PERSONS OR LOSS OF LIFE OR CATASTROPHIC PROPERTY DAMAGE. TO THE EXTENT
PERMITTED BY LAW, TECLOMAN DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF ANY SUCH USE OF THE PRODUCT. FURTHERMORE, TECLOMAN RESERVES THE RIGHT TO REFUSE TO SERVICE ANY PRODUCT USED FOR THESE PURPOSES AND DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF TECLOMAN’S SERVICE OR REFUSAL TO SERVICE THE PRODUCT IN SUCH CIRCUMSTANCES.
VI. Exclusion of Warranty
Damage to the Product resting from any of the following activities is NOT covered by this limited warranty:
In addition, this Limited Warranty does not cover (a) normal degradation of the Product’s energy capacity over time; (b) normal wear and tear or deterioration, or superficial defects, dents or marks that do not impact the performance of the Product; (c) noise or vibration that is not excessive or uncharacteristic and does not impact the Product’s performance; (d) damage or deterioration that occurs after the expiration or voiding of the warranty period; or (e) theft of the Product or any of its components.
VII. Exclusion for Failure to Connect to the Internet or Failure to Register Your Product
In order to provide the Limited Warranty for the full ten year warranty period, TECLOMAN requires the ability to update the Product through remote firmware upgrades. Installation of these remote upgrades may interrupt the operation of the Product for a short period. By installing your Product and connecting it to
the internet, you consent to TECLOMAN updating the Product through these remote upgrades from time to time, without further notice to you. If your Product is not connected to the internet for an extended period, or has not been registered with TECLOMAN, we may not be able to provide important remote firmware upgrades. In these circumstances, we may not be able to honor the full ten years warranty. We would prefer to avoid this, so will try to notify you if your Product’s internet connection is interrupted for an extended period. It is difficult for us to contact you if you have not registered the Product with us, so please register your Product with TECLOMAN at the website identified below. Even if we cannot honor the full ten years warranty for the above reasons, we will always honor the warranty for at least four years following the date your Product was installed for the first time.
VIII. Claim Policy
Claims under this Warranty must be made by notifying the Authorized Reseller from whom the Product was purchased.
For a Warranty Claim to be processed, it must include the following items:
3) Product purchased
4) Proof of the original purchase and any subsequent transfer of ownership
5) Description of the alleged defect(s) from Authorized service centre
6) The relevant Product’s serial number and the initial installation date (as shown on the Installation Certificate)
7) Authorized Reseller number (as shown on the Installation Certificate)
Customer’s who are unable to contact the Authorized Reseller from whom the Product was purchased should contact TECLOMAN on email at email@example.com or call on +86 28 8393 2902
IX. Applicable Law
The Warranty is subject to the law of the Australian States. Products come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure. The Customer is also entitled to have the goods repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. The benefits to the consumer given by the warranty are in addition to any other rights and remedies of the consumer under a law in relation to the goods or services to which the warranty relates. This warranty only applies to the Customer who has purchased the Product for his or her own use.