Warranty for Ethium® Lithium-ion Batteries

Each Ethium® battery product (“Battery”) made by EControls (“Seller”) is warranted to be free from defects in material and workmanship as of delivery of the Battery to Buyer or its carrier or other representative pursuant the applicable terms of sale (“Delivery”), through the earlier of:

A. eight years from Delivery; or

B. four-thousand Cycles, where one Cycle is the equivalent of charging and discharging 80% of the Battery’s capacity (as detailed in the Instructions, defined below).

For any Battery determined to be defective pursuant Seller’s Warranty Validation Procedure set forth in the Instructions, Seller shall do one of the following as Buyer’s sole and exclusive remedy, either:

(i) provide a replacement or alternative with substantially the same form, fit and function (a “Replacement”) to replace the original Battery; or

(ii) reasonably repair or commission authorized others to reasonably repair the Battery; or

(iii) refund or credit a prorated portion of the corresponding purchase price paid to Seller by Buyer, determined as described in the Instructions.

A Replacement or a repaired Battery shall be warranted for the remainder of the original warranty of the original Battery.

LIMITATIONS & EXCLUSIONS. This Warranty is exclusive to Buyer, is non-transferrable, and shall supersede any and all other warranties applicable to the Battery, effective upon Buyer’s purchase of the Battery from Seller. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. Seller’s liability under this Warranty shall also be limited as set forth in the “Warranty Requirements Appendix” section of the Instructions, which is incorporated here by reference, and Seller shall not be liable in the event of any exceptions or exclusions as described or referenced in that section of the Instructions.

Except as expressly provided in this Warranty, Buyer waives any and all rights to seek any other claims, damages or other legal or equitable remedies arising from any defective Battery under any and all causes of action, whether statutory, at common law or in equity, including but not limited to any claims based on negligence and/or strict liability. To the extent enforceable, the laws, forum and venue of San Antonio, Texas USA, shall exclusively govern interpretation and enforcement of this Warranty.

The “Instructions” for each Battery include all labeling on or accompanying the Battery, as well as all written instructions provided by Seller to be applicable to the Battery, which includes without limitation the Installation and Operation Manual for the Battery, a current version of which is downloadable at https://www.ethium.com/warranty, including its sections entitled “Warranty” and “Warranty Requirements Appendix,” which is subject to Seller’s updates from time to time.