25 Year Full Product Factory Warranty

iDemand Energy Storage, Inc. (“iDES”) is the warrantor of the iDES³ energy storage system

Section 1

iDES warrants to the original retail purchaser (“Purchaser”) that the iDES products covered by this warranty are free from defects in workmanship and materials for a period of twenty‐five (25) years from the date of first installation by an authorized  iDES dealer(“the Warranty Period”).    Defects in workmanship and materials means a defect in workmanship or materials that results in a failure of the product such that it is not able to store at least eighty percent (80%) of the labeled storing capacity, which failure is not caused by any misuse or damage to the product while in the possession of the Purchaser. Warranty claims may only be made by either original purchaser or person to whom the title to the product has been transferred to, only if the product has been registered through iDES’s product registration website. Registration by the Purchaser must be within 30 days of the installation date by an authorized iDES dealer, and covered product must remain in its original location and configuration. Registration by an owner acquiring the product from the Purchaser must be within 30 days of the first transfer date, and also requires that the product was installed by an authorized iDES dealer and the product must remain in its original location and configuration.


Section 2

This warranty covers iDES models iDES3‐9kWh or larger, which were manufactured by iDES, which were sold to the end user by iDES or through an authorized iDES dealer as new products in the USA, which were installed in the USA by an authorized iDES dealer after August 30, 2016, and which bear the original iDES serial number.


Section 3

If there is a defect in materials or workmanship as defined above, the warrantor will remedy the failure or defect, without charge, subject to the limitations, conditions and exclusions in this warranty. The remedy will consist of repair or replacement of the product, or refund of the purchase price, at the warrantor’s option. However, the warrantor will not elect refund unless it is unable to provide replacement, and repair is not commercially practicable and cannot be made within the time for performance, or unless the Purchaser is willing to accept such refund. After a reasonable number of attempts by the warrantor to remedy a covered defect or malfunction, the Purchaser is entitled to either a refund or replacement of the product or its component part or parts. Replacement of a component part includes the cost of removal, shipping, repair labor, replacement parts and re‐installation.  Warrantor may use replacement parts of improved design in repairs or replacements.  This warranty does not cover cosmetic defects which do not directly influence energy production, or degrade form, fit and function.

 


Section 4

Situations not covered by this warranty or other obligation by iDES:

  1. Installation or commissioning through any person or entity other than a then‐authorized iDES dealer.
  2. Modifications, changes, or attempted repairs, except as conducted by a then‐authorized iDES dealer.
  3. Events beyond iDES’s reasonable control, including but not limited to acts or omissions of the Purchaser, acts of God or government, natural disasters or storms, fire, act of terrorism, explosion, riot, blackout, war or political strike, labor disputes, failure or delay of third party transportation, or the unavailability of raw materials.
  4. Failure to comply with any iDES user manual or applicable safety regulations.

Section 5

This warranty requires that the covered product will be properly and continuously connected to iDES through the internet as reasonably determined by iDES and expressly excludes any defects resulting from any acts or omissions that prevent iDES from accessing the covered product online as may be required for software upload or performance data download.


Section 6

To obtain performance of any obligation under this warranty, the consumer must:

  1. Complete and send to iDES an iDES warranty claim notice form.  Forms are available by contacting iDES using the information on this form or on iDES’s website.  To help complete the warranty claim form,  please have your date of installation, serial number of the covered product, the name of your authorized iDES dealer and your proof of purchase available.
  2. Submit the completed warranty claim form to iDES and provide any other information requested by iDES.
  3. Upon approval of your warranty claim information, iDES will arrange to have a technician inspect the covered product for the purpose of determining how to proceed with the warranty services.

Section 7

If a dispute arises out of or relates to this warranty, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (“AAA”) under its then applicable rules and procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.  Any controversy or claim arising out of or relating to this contract, or the breach thereof, and not resolved by mediation, shall be settled by arbitration administered by the AAA under its then applicable rules and procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.    In the event that AAA mediation or arbitration is not available or not practical in iDES’s reasonable judgment, iDES may substitute reasonably equivalent mediation and/or arbitration.


Section 8

This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

The warranty terms and conditions above are the exclusive remedies and iDES’s sole liability for any warranty claims. The Warranty Period for any iDES product furnished to correct a warranty failure will be the unexpired term of the Warranty Period applicable to the original repaired or replaced iDES product.

iDES shall in no event be liable for any consequential, incidental, indirect, punitive or special damages, even if iDES has been advised of the likelihood of such damages.  In no event will iDES be held responsible or liable for any personal injuries resulting from the use of any iDES products.

This warranty and iDES's obligation is in lieu of all warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for particular purpose, all other representations to the Purchaser and all other obligations or liabilities,  including liability for incidental and consequential damages on the part of iDES or iDES's authorized dealer with respect to the sale or use of the items warranted.

NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

OTHER THAN AS SET FORTH ABOVE iDES MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, EXCEPT THAT OF TITLE, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.

If any provision of this warranty is declared invalid as contrary to law or public policy, the remaining provisions hereof shall continue to remain in full force and effect.

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