LIMITED WARRANTY FOR MOONDAY ENERGY STORAGE SYSTEM

THIS LIMITED WARRANTY IS VALID IN AUSTRALIA AND APPLIES ONLY TO THE ORIGINAL END USE PURCHASER AND SUBSEQUENT OWNER(S) OF THE LOCATION ON WHICH THE SYSTEM WAS ORIGINALLY INSTALLED.

Moonday Energy ( MDay) warrants that it will repair or replace defective internal parts (“Part[s]”) of a qualified Moonday Energy (each, a “System”) that fail during the warranty period if such parts prove to be defective due to improper materials and / or manufacturing workmanship under normal application, installation, use and service conditions. This Limited Warranty shall apply to Systems sold by Moonday in Australia and extends only to the original end use purchaser and subsequent owner(s) of the location on which the System was originally installed (all such persons hereinafter referred to as “Customer”). A qualified System is one that has been (a) installed by an individual or company that holds a current government issued license that authorizes the individual or company to service and install electrical equipment in the state where the System is located, if such a license is required, and (b) installed, started, operated and serviced in compliance with
(i) the guidelines set forth in installation, operation, maintenance and engineering publications made available by MDay,
(ii) applicable local, state and federal law and,
(iii) all applicable building and electrical codes and best industry standards and practices

The Standard Performance Warranty for the battery is valid for a period of 120 months from the date of installation, or a period of 125 months from the date of manufacture, whichever comes first.

MDay gives warranty under normal use of the Battery Pack in accordance with the safety precautions, maintenance and proper installation instructions mentioned in the product user manual, Battery Pack retains at least 60% of its nominal energy when Battery Pack does not exceed energy throughput limit showed below, which is calculated through 120 months from the date of installation or 6000 cycles, whichever comes first. The term “Nominal Energy” herein means the initially rated capacity of the Products as printed on the label of the Products. The pre-condition before performance warranty claim, would be as follows:

• The ambient temperature during the operation of the Products shall not fall below -10°C (14°F) or exceed 50°C (122°F)

• The energy throughput of battery system is less than values in the table below:

LIMITED WARRANTY PERIOD

The Standard Performance Warranty for the inverter is valid for a period of 120 months from the date of installation, or a period of 125 months from the date of manufacture, whichever comes first.

LIMITED WARRANTY PERIOD

MDay’s liability under this Policy shall be limited to replacement, repair, refund and compensation. Replaced or repaired products shall be warranted according to the original terms of Warranty Policy. In any event, the replacement shall not justify the renewal of the Term of Warranty Policy.

The only person(s) eligible to claim warranty under this Policy are the Purchaser (listed as per section 2) and MDay authorized personnel. If the Purchaser has gone into administration or insolvency or if the site is in a remote area, the End-User/Installer at their discretion and expense may appoint a Local Installer to carry out the functions of the original Installer.

Warranty Policy Claim Eligibility Criteria

• The remedies set forth in the Limited Warranty are the sole and exclusive remedies of Customer for defective Part(s) during the applicable warranty period.

• This Limited Warranty does not warrant uninterrupted or error-free operation of the System or damage and/or failure resulting from normal wear and tear of the System.

• Replacement Part(s) shall be of like kind and quality and may be new or re-manufactured. Replacement Part(s) shall be warranted in accordance with this Limited Warranty for the remaining portion of the original System’s warranty period or ninety (90) days after installation of the Replacement Part(s), whichever is longer.

• Defective Part(s) must be held for a period of at least ninety (90) days and may be requested to be returned to MDay. Any such returned defective Part(s) become the property of MDay. This Limited Warranty covers the transportation cost for any returns of defective Part(s) to the extent requested by MDay and for reshipment of any replaced Part(s) to the Customer, but does not cover expedited shipping, risk of loss including shipping damage or loss for return of the defective Part(s) to MDay or its authorized agent and any other costs associated with installation, removal, or reinstallation of the Part(s). If any Part(s) returned to MDay are found not to be defective or the applicable warranty period has expired, the Customer shall be responsible for return shipping cost.

• This Limited Warranty does not cover charges for labor or any other costs incurred in connection with this Limited Warranty, including, but not limited to, fuel and transportation costs, etc., incurred in the trouble shooting, maintenance, repair, removing, replacing, installing, complying with local building and electric codes, handling, or replacement of Part(s) and the complete System or for any costs or expenses for providing temporary or substitute equipment or service during periods of malfunction or non-use pending replacement or completion of repairs under this Limited Warranty

Warranty Policy Claim Eligibility Criteria

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES SHALL LG BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST GOODWILL, LOST REVENUE OR PROFITS, WORK STOPPAGE, SYSTEM FAILURE, IMPAIRMENT OF OR DAMAGE TO OTHER EQUIPMENT OR GOODS, COST OF REMOVAL AND RE-INSTALLATION OF THE SYSTEM, LOSS OF USE, INJURY TO PERSONS OR PROPERTY ARISING OUT OF OR RELATED TO THE SYSTEM.
MDAY’S TOTAL LIABILITY, IF ANY, UNDER THIS LIMITED WARRANTY SHALL NOT EXCEED THE INVOICE VALUE PAID BY THE CUSTOMER FOR THE SYSTEM WHICH IS THE SUBJECT OF A CLAIM OR DISPUTE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE CUSTOMER. THIS LIMITED WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS. CUSTOMERS MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

No one is authorized by MDay to modify this Limited Warranty in any respect or to create for MDay any other obligation or liability in connection with the System unless done so in a written agreement with the signature of the President or a Senior Vice President of MDay. Customer agrees that any purported change by MDay shall be null and void unless the President or a Senior Vice President of MDay shall have expressly so agreed to such change in writing. If any clause of the Limited Warranty is found to be illegal or unenforceable, that clause will be severed from this Limited Warranty and the remainder of the Limited Warranty will be given full force and effect.

LIMITED WARRANTY PERIOD

MDAY ESS SYSTEM IS NOT INTENDED FOR USE AS A PRIMARY OR BACKUP POWER SOURCE FOR LIFESUPPORT 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. MDAY DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF ANY SUCH USE OF YOUR SYSTEM. FURTHER, MDAY RESERVES THE RIGHT TO REFUSE TO SERVICE ANY SYSTEM USED FOR THESE PURPOSES AND DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF MDAY’S SERVICE OR REFUSAL TO SERVICE SYSTEM IN SUCH CIRCUMSTANCES.

Warranty claims relating to defects caused by the following factors are not covered by MDay’s warranty:

• Damage that occurred during the transportation of the Product(s)

• The Warehouse (storage) location of the Product(s) is close to the gas station, heat source, fire source, corrosive gas, wet place, etc., resulting in damage;

• The Product(s) is not in operation or store for more than three months without at least one full charge and discharge resulting in loss of battery capacity;

• Improper installation of the Product(s) where insufficient ventilation and circulation leads to minimized cooling and natural airflow resulting in damage;

• Improper installation of the Product(s) and/or installation performed by a non-qualified Installer;

• Use of improper connectors or wires, e.g., in case, Installer has installed the Product with connectors which are not provided by MDay, resulting in damage;

• Improper wiring of the Product(s) causing damage of the Product or its parts;

• The recommended SoC of battery range: 10% ~ 95%, Damage of product caused by battery over discharge;

• Improper or noncompliant use, installation, commissioning, start-up or operation;

• Failure to follow the safety regulations and/or operating instructions in respect to the Product(s) operating manual, resulting in damage;

• Unauthorized repair and reinstallation of the Product(s);

• Damage caused by water move into the Product(s) during maintenance, use and cleaning;

• Damage caused by customers using unapproved equipment to charge, discharge, maintaining, etc.

• Improper use or misuse of the Product(s) by the Installer or End-User, e.g., damage resulting from dropping the Product(s);

• Damage of the Product(s) that cased by external system, e.g., PV system, home load or the grid;

• Damage to the Product(s) by natural disaster (storm damage, lightning strike, overvoltage, fire, thunderstorm, flooding etc.)

• Flaws that do not adversely affect the proper functioning of the Product(s), e.g., cosmetic issues, wear and tear;

• Not followed the warranty claim process, and/or no sufficient evidence of the fault and/or test carried out on site has not been provided to MDay

• Any serial number of any System or any Part(s) thereof is altered, defaced or removed.

PRODUCT REPLACEMENT

In the event the Products or spare parts are not available anymore, Moonday, at its decision, may replace it with an alternative product with equivalent functions and performance.

WARRANTY CLAIM

Contact the installer of the System, or the nearest authorized reseller / distributor of the System to report any defect within the applicable warranty period. Present the sales receipt or other documentation that establishes proof of purchase and date of installation. If proof of installation date cannot be rendered, this Limited Warranty shall be deemed to begin ninety (90) days from the date of manufacture.

LIMITED LIABILITY

Warranty Claims Require Sufficient Information

It is the duty of the Distributor/Installer to contact MDay in the event of a fault with the following information.

Name of the Installer:
Product Model No:
Fault Code:
Fault Details:
Video Clip:
Contact Details:

MDay may ask for additional details depending on the fault conditions. MDay will run tests on the product and may advise the Distributor/Installer to take photos or video for verification purposes. The Distributor/Installer is required to submit a document with the evidence and any additional information requested by MDay.
If an allegedly faulty Product is returned to MDay pursuant to this Policy, which is no defect found by MDay that would qualify it for replacement under this policy, or due to limited liability as stated in section 6, MDay will apply a flat-rate inspection charge for each Product and will seek to recover the full costs of the replacement Product.
Note: Any Product replacement has to be approved by MDay in all cases. Any replacement of the Product issued without the consent of MDay will invalidate an associated claim.

Further Rights at Law

In addition to the warranty provided by MDay, the end-user/Installer have statutory rights that will not be limited or replaced by this warranty. The products provided by MDay comes with guarantees that cannot be excluded under consumer laws in the country/territory where the product is installed.