Trina Energy Storage Solutions (Jiangsu) Co.,Ltd.
Add: No. 2 Tianhe Road, Trina PV Industrial Park, New District, Changzhou, Jiangsu, 213031
http：//www.trinaenergystorage.com；
Tel：0519-81590159
Fax：0519-81588398
Limited Warranty
Trina Energy Storage Solutions (Jiangsu) Co.,Ltd. (“TrinaBEST”) hereby grants
the following Limited Warranty to the first customer (the "Buyer") installing (for its
own use) any provision of the specified (and no other) brand battery energy
storage system (the “Products”) below.
1、 Product range:
This Limited Warranty shall only apply to the following Products:
Energy storage product:
2、 Product warranty
Limited product warranty (as defined in term b)---5 years for the product
except the battery pack; 7 years for the battery pack.
TrinaBEST ensure, within five years from the warranty start date (defined
below), products:
●Have no defects in design, material, workmanship or production that
impede their performance
●Conform to the applicable specifications and the drawings thereto.
●Conform to laws and regulations, standards and specification requirements
of product manufacturing period
SPECIAL INSTRUCTION: Any deterioration in the appearance of the Product(s)
(including, but not limited to, any scratches, stains, mechanical wear, rust, or
mold) or any other changes to the Product(s) which occur after delivery
(Incoterm 2010) to the Buyer, do not belong to quality defects under this
Limited Warranty.
Note: Product here refers to the named product, except battery pack.
3、 Definition of warranty
5 years product limited warranty: Within five years, under the stated working
condition, TrinaBEST will provide free repairing or replacement for any faulty
products (if any) caused by material or manufacturing workmanship
conforming to the warranty scope
Definition of limited warranty of the battery PACK: Under the stated operation
condition, The battery pack carries warranty for 7 years or 3000 cycles (under
working condition of DOD 80%) whichever comes first. TrinaBEST will provide
free repairing on the defects due to material or workmanship.
Note: The warranty period for replaced or repaired Product(s) will carry the
remaining the warranty period on the original new Product(s).
4、 Warranty start date
The Warranty Start Date is the date of delivery of the Product(s) to the Buyer or
180 days after the date of manufacture whichever comes earlier.
Note: The buyer should check the product upon the delivery and inform
TrinaBEST in writing within 30 days of discovering the defects.
5、 Liability Exemption
The aforementioned “Limited Warranty” does not apply to any Products
which have been subjected to
1）The payments are not paid to TrinaBEST or TrinaBEST-related company which
sells products to the market when: i), the payment was due and (ii) the
direct customer who has obtained the products from TrinaBEST or its
subsidiary („Direct Customer“) is not entitled to withhold the purchase price
or parts of the purchase price. TrinaBEST must inform the Buyer about the
non-payment and provide the name and the full address of the Direct
Customer which has failed to pay the products. In case that TrinaBEST can
reject the claim under this warranty based on this provision, the Buyer can
deposit the amount not paid in order to trigger the warranty claims;
2）Failure to comply with TrinaBEST’s Installation and/or User manual during the
Validity of this Limited Warranty
3）Service by service technicians who are not qualified under the relevant law
and/or applicable regulations at the place of installation;
4）The Product's type, nameplate or module serial number is changed, erased
or made illegible, or the anti-tear mark is damaged(other than by any act or
omission of TrinaBEST);
5）Exposure to voltage in excess to the maximum system voltage or power
surges;
6 ） Defective components in the construction on which the product is
mounted，or the building is unventilated or leakage;
7）Physical damages, such as appearance damage, deformation, or other
physical damage caused by the customer's use of the process, or similar to
the external impact;
8）Products are subject to any of the followings: force majeure, extreme heat
or extreme environmental conditions or rapid changes of such conditions,
corrosion,
oxidation,
unauthorized
modifications
or
connections,
unauthorized opening, servicing by use of unauthorized spare parts,
accident, force of nature (such as lightning strike, earthquake), influence
from chemical products or other acts beyond TrinaBEST’s reasonable control
(including damage by fire, flood, etc.);
6）Use of the Products in such a manner as to infringe TrinaBEST`s or any third
party`s intellectual property rights (e.g. patents, trademarks), or Parallel
importation, which is defined as subsequent sale without the consent of
TrinaBEST from the country in which the Product(s) were first put on the
market to another country, is regarded as an infringement of TrinaBEST`s
intellectual property rights. This does not apply for sales within the European
Union: such sales from one Member State to another Member State do not
require the consent of TrinaBEST; whereas sales from outside the European
Union into the European Union require such consent of TrinaBEST
9）In any case, present the defect of the product beyond warranty period.
10）Where there are problems of the product, the buyer hands the product to
a third pary without consent of TrinaBEST to disassemble, repair, refit or does
it by oneself, etc.
11）Use of the product exceeds the purpose of the
use of customer or
oneself.
12）The buyer doesn’t have effective purchasing proof or Product Limited
Warranty Certificate.
13）The buyer fails to comply with the requirements of use, maintenance of the
damage in a right way caused by the product, or damage caused by
abuse, or damage caused by the design, material or service provided by
the buyer;
14）Normal wear, corrosion, loss, performance degradation, etc
15 ） After the product is delivered, the product's regulations, standards,
specifications are changed.
6、 Maintenance a repair clause
a) As Buyer’s sole and exclusive remedy under this Limited Warranty,
TrinaBEST will, at its sole discretion, either, with regard to the applicable
Product
i) repair the defective Product(s) at no charge (subject to the following
paragraph); or
ii) replace the defective Product(s) or part thereof by a new or
remanufactured equivalent at no charge (subject to the following
paragraph).
In the event that TrinaBEST opts for options i) or ii), TrinaBEST shall bear all
insurance and transportation charges (except air freight), customs
clearance and any other costs for returning the defective Product(s) to
TrinaBEST and shipping the repaired or replaced Product(s) to Buyer. The
costs and expenses for the removal, installation or reinstallation shall
remain with Buyer.
b) The warranty period(s) as defined in Sec. 2 a) and b) shall not extend
or renew upon the repair or replacement of a defective Product by
TrinaBEST. The warranty period for replaced or repaired Product(s) is the
remainder of the warranty on the original new Product(s).
c) All other claims under this Limited Warranty against TrinaBEST shall be
excluded. Under this Limited Warranty, TrinaBEST is not responsible for any
special, incidental or consequential damages (including loss of profits,
harm to goodwill or business reputation, or delay damages) whether such
claims are based in contract, warranty, negligence or strict tort. This
exclusion applies to the extent permissible by law, and even if the
remedies set forth below herein are deemed to have failed of their
essential purpose.
TrinaBEST have the right to require the buyer to send the defective parts or
products that is in warranty period for inspection. If the inspection result
shows the defect does not belong to the scope of warranty, the buyer will
be charged for these cost (Note: this is not considered as return of goods).
7、 Rights and Remedies against Third Parties
This Limited Warranty shall be construed as a separate warranty and
independent from any other contractual arrangement with third parties
relating to the Product(s).
Claims Procedure, Notice Periods, Expiration of Warranty Claims and
Limitations.
a) Where there is any claim of compensation under this Limited Warranty,
please visit TrinaBEST’s Customer Service Portal at the web address
http://www.trinaenergystorage.com and connect with TrinaBEST by e-mai,
letter, fax or telephone, etc. , and indicate each compensation and the
related evidence and product series.
b) Any dispute on technical facts relating to claims brought under this
Limited Warranty for defects of Products shall be determined by expert
determination. TrinaBEST and the Buyer will, at the Buyer’s or TrinaBEST’s
request, appoint as independent expert and appraiser a reputable
researcher from a first-class international test-institute such as Fraunhofer ISE
in Freiburg/ Germany, TÜV, and so on (“Technical Expert”). The
determination by such Technical Expert shall be final, conclusive, binding
and enforceable in any proceeding brought hereunder. The Technical
Expert shall (i) act as an expert; (ii) allow the parties a reasonable
opportunity to make representations and counter-representations; (iii) take
those representations and counter-representations into account; and (iv) if
required by either party give written reasons for his or her determination.
c) Any claim for breach of this Limited Warranty must be presented within
one month after discovery of the breach, otherwise the claim is failure.
d) The return of any defective Product(s) will not be accepted unless prior
written authorization has been given by TrinaBEST.
8、 Force Majeure
TrinaBEST shall not be responsible or liable in any way to the Buyer for any
non-performance or delay in performance under this Limited Warranty due to
occurrences of force majeure such as, war, riots, strikes, unavailability of
suitable and sufficient labor, material, or capacity or technical or yield failures
and any unforeseen event beyond its control, including, without limitation, any
technological or physical event or condition which is not reasonably known or
understood at the time of the sale of the defective Product(s) or the
notification of the relevant warranty claim under this Limited Warranty.
9、 Scope of application
This Limited Warranty shall apply to Product(s)
a) manufactured after 1st of January 2015 and
b) delivered to Buyer from 1st of April 2015 (Incoterms 2010).
This Limited Warranty shall be valid until a new revision is issued by TrinaBEST.
10、No other express warranty
Except as otherwise provided by applicable statutory law or unless modified
in writing and signed by an officer of TrinaBEST, the Limited Warranty set forth
herein is the only express warranty (whether written or oral) by TrinaBEST
applicable to the Products and no one is authorized to restrict, expand or
otherwise modify this Limited Warranty.
11、Others
If any provision of this limited warranty is deemed to be invalid, non enforceable or illegal, the other provisions of this limited warranty shall remain
fully effective.
The buyer shall be strictly in accordance with the use of the product
specification; if the buyer fails to use or out of the scope of the product
specification, the product damage is defined as a man-made damage.
12、Application and administration of law
The validity of this Limited Warranty, the construction of its terms and the
interpretation and enforcement of the rights and duties of the Buyer and
TrinaBEST shall be governed by the laws of the country of the original
installation location of the Product(s), to the exclusion of that country’s
conflicts of law rules as well as of the United Nations Convention on the
International Sale of Goods dated 11 April 1980 (CISG) and of any other
uniform law.
All disputes arising out of or in connection with this Limited Warranty shall be
finally settled before the ordinary courts of the country of the original
installation location of the Product(s).
Trina Energy Storage Solutions (Jiangsu) Co.,Ltd.
Add: No. 2 Tianhe Road, Trina PV Industrial Park, New District, Changzhou, Jiangsu, 213031
http：//www.trinaenergystorage.com；
Tel：0519-85176686
Fax：0519-81588398