Ubbink Battery Energy Storage System warranty conditions

To what products does this warranty apply and who is the warrantor?

This end-customer warranty is granted by Ubbink B.V., registered in The Netherlands with company number 09036422, whose registered office is at Verhuellweg 9, 6984 AA Doesburg, service@ubbink.com (hereinafter “Ubbink”).

This end-customer warranty is subject to the conditions and limitations set forth in this document.

Ubbink grants this end-customer warranty for the components of the Ubbink Battery Energy Storage System (also called “BESS”) shown in the table below. In this warranty, the individual components may also be referred to as “Battery” or as “the Product(s)”, as the case may be.

Warranty period

The warranty period for the components of the Ubbink Battery Energy Storage System (BESS) are set out per each component separately, in the table above in Section 1. Not all components have the same warranty period.  The warranty period starts on initial installation date or the activation date, whichever is earlier.

To whom do we give this warranty?

This warranty is only applicable to your Battery if purchased from an authorized Ubbink dealer, installer or reseller in the territory of the European Union, Switzerland or the United Kingdom under the Ubbink brand as a new product for domestic use in home storage applications in the aforementioned territory of the European Union, Switzerland or the United Kingdom. In order to qualify for this warranty, the end-user must register the installation of the Product with Ubbink within 30 days of installation date on the local Ubbink Portal. A warranty validated in this manner shall apply to any subsequent owner of the Battery, provided that the transfer to the subsequent owner is notified to Ubbink on the local Ubbink Portal within 30 days after the date of transfer of the ownership. The notification must state the name and address of the previous owner and the subsequent owner, as well as the serial numbers of the Product and the date of transfer of ownership.

What is covered under this warranty?

Ubbink warrants, subject to the terms, limitations and conditions set forth in this document, that:

1. Your Battery will be free from material manufacturing and design defects;
2. Your Battery will retain a usable energy capacity of 80% of its original usable energy capacity as described below and in the BESS Operating Instructions on installation date.

For the purposes of Section 4 No.2 (above) the following applies:
The originally usable energy content per Battery module is 5.12 kWh each. The term usable energy describes the amount of energy that can be used directly from the individual Battery module when fully charged. You are hereby being informed that the usable energy is not the same as the amount of energy that can be made available to a power consuming device or can be fed into the domestic or external grid. This is because the Battery’s management system requires some energy to function and losses may incur through energy management- and energy conversion processes when the energy is discharged from the Battery module. 

In the event of a failure within the terms of this warranty, Ubbink will, at its expense and sole discretion either:

1. repair your Product (using new or refurbished parts) at Ubbink’s facilities or on site; 
2. replace your Product with an equivalent product (new or refurbished); or
3. refund you the market price of an equivalent product at the time of the warranty claim.  Such refund will be determined in accordance with the following formula:  [Credit Current market price of equivalent product x (120 – Time elapsed from the warranty effective date [in months]) / 120]

If your Battery is replaced or repaired under this warranty, the remainder of the original warranty period will apply to the repaired or replacement product. Except as required by local law, the original warranty period will not be extended as a result of your Battery being repaired or replaced. This warranty is in addition to other legal rights you have under the law.

This warranty is a voluntary product warranty. The benefits conferred by this warranty are in addition to all rights and remedies provided by (consumer) law including, but not limited to, those relating to non-conforming goods. This warranty does not affect the Product owner’s ability to claim against the seller under the statutory warranty obligations according to the applicable laws.

What this warranty does not cover

 All warranty claims lapse in case:

• without Ubbink's prior written consent the end-customer has modified, repaired or attempted to repair the supplied Products or has had third parties (other than a Ubbink authorised installer) modify, repair or attempt to repair them;
• of inexpert use and/or use for other purposes than the original, regular purpose as described in the BESS Operating Instructions (online at www.ubbink.com or otherwise provide by Ubbink);
• the BESS Operating Instructions (online at www.ubbink.com or otherwise provide by Ubbink), applicable building regulations or industry recognized “good working practice guides” and accepted methods of good workmanship has/have not strictly been observed;
• of storage, installation, commissioning, modification or repair of the Ubbink Battery Energy Storage System by anyone other than an Ubbink authorized installer;
• of installation in countries other then the permitted countries as referred to in the BESS Operating Instructions;
• of commercial use or commercial application of the Products;
• the Ubbink Battery Energy Storage System is installed in locations where the ambient temperature exceeds 45°C during a period of 5% or more of the time of the warranty period; or the ambient temperature is below 0°C during a period of 5% or more of the time of the warranty period;
• of charging the Ubbink Battery Energy Storage System below and above temperatures outside a temperature range between 0°C to 45°C;
• operating the Ubbink Battery Energy Storage System in temperatures below 0°C or above 50°C;
• of use outside the grid standards as mentioned in the Installation Manual;
• of use/connection to a single-phase circuit instead of a 3-phase-circuit;
• of use of non-approved accessories in combination with the Product that impact the quality of the Product; 
• improper handling, transportation, storage (e.g. the Battery has been stored unused for more than 6 months) or repackaging;
• insufficient ventilation of the Ubbink Battery Energy Storage System and any consequential thermal damages;
• failure to observe applicable safety regulations (for example: UL, CSA, VDE, IEC etc.);
• parts other than original parts supplied by Ubbink have been used in assembly;
• of damage to the Product or impairment of its performances by any other processes, materials or pollutants;
• The defect is caused by an external event or influence, or unusual physical or electrical stresses such as (but not limited to) black out, inrush current, power surges or caused by an act of God, such as lightning, flood, earthquake, fire, corrosion, direct exposure to water or other substances,  natural disasters or when the defect occurs due to force majeure events, such as (but not limited to) changes in laws, rules or regulations or other acts of any governmental authority that physically prevents or legally prohibits Ubbink from performing under the terms of these warranty, accidents, strikes, labor troubles, terrorism, sabotage, war, riot, civil war, or any other cause beyond Ubbink’ s reasonable control;
• the defect is the result of physical damage caused to the Product, prior to, during or after installation;
• any items of equipment employed for installation, or to be used in any way connected with the Product either directly or indirectly adversely affected the Product or its performance, prior to, during or after installation;
• any attempt to modify the Product, whether by physical means, programming or otherwise, without the express written consent of Ubbink;
• removal and reinstallation of the Product at a location other than the original installation location, without the express written consent of Ubbink;
• normal wear and tear or deterioration, or superficial defect or marks that do not impact the performance of the Product;
• noise or vibration that is excessive or uncharacteristic and impacts the performance of the Product;
• the warranty was not registered within 30 days after installation;
• unbundling, tempering with or programming the EMS other than described in the user’s manual of the Battery, or any attempts thereto.

Additional exclusion: This warranty is not valid if the owner does not connect the Ubbink Battery Energy Storage System to the internet and the Voltara Energy Management System (Voltara EMS or EMS).  

In order to maintain this warranty for the warranty period, Ubbink requires the ability to update your Ubbink Battery Energy Storage System through remote firmware upgrades. Upgrades will be carried out by Ubbink or by authorized Ubbink business partners only. In view of privacy regulations please refer to the separate privacy declaration applicable to the Battery and the Voltara Energy Management System (Voltara EMS).

Installation of these remote upgrades may interrupt the operation of your Ubbink Battery Energy Storage System for a short period. By installing your Ubbink Battery Energy Storage System and connecting it to the Voltara EMS and the internet, you consent to Ubbink as well as Voltara EMS updating your Ubbink Battery Energy Storage System through these remote upgrades from time to time, without further notice to you. If your Battery is not connected to the Voltara EMS and the internet this warranty is not valid.

Ubbink is in not liable for costs and expenses for repair and repair attempts carried out by third parties other than the Ubbink authorized installer or that have been carried out without Ubbink’ s prior approval. Shipping costs may be charged separately in addition. 

Warning:

The Ubbink Battery Energy Storage System has a limited energy storage capacity, as detailed in the technical specifications and in Section 4 (above). Therefore, this warranty does not guarantee an uninterrupted power supply (UPS) by the Ubbink Battery Energy Storage System. Power supply may also be instable, interrupted or unavailable due to instability of the local wiring, cabling or grid, discharging of the Ubbink Battery Energy Storage System or during the process of the installation of upgrades of the firmware.

You may not rely on the power supply from the Ubbink Battery Energy Storage System for any apparatus that require uninterrupted power supply (UPS). You may not connect the Ubbink Battery Energy Storage System to any medical or life supporting devices or apparatus.

EMC Notification

The Ubbink Battery Energy Storage System is in conformity with the protection requirements of European Union (EU) Council Directive 2004/108/EC (Domestic / Industry), relating to electromagnetic compatibility. All Ubbink products are designed, tested, and classified for their intended electromagnetic environment (domestic/residential/business - environment). Electromagnetic Compatibility (EMC) is the ability of items of electronic equipment to function properly together in the electronic environment. While all system components of the Ubbink Battery Energy Storage System have been designed and determined to be compliant with regulatory agency limits for EMC, there is no guarantee that interference will not occur in an installation due to external sources. The Ubbink Battery Energy Storage System is designed to provide reasonable protection against harmful interference when the equipment is operated. Ubbink is not responsible or liable for any failure to satisfy the protection requirements resulting from a non-recommended modification of the Ubbink Battery Energy Storage System, including the connecting or fitting of components or equipment that are not approved by Ubbink. The Ubbink Battery Energy Storage System generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with BESS Operating Instructions, may cause harmful interference to radio communications in which case users will be required to correct the interference at their own expense. Properly shielded and grounded cables and connectors must be used to meet emission limits. Ubbink is not responsible for any EMC related interferences caused by using other than Ubbink specified cables and connectors, ignoring cabling instructions (interactions of power cables with communication cables), or by unauthorized changes or modifications to the Ubbink Battery Energy Storage System. Unauthorized changes or modifications could void the user's authority to operate the Ubbink Battery Energy Storage System.

Procedure to make a claim under this warranty 

If a defect appears in the Product within the period specified above, to make a claim under this warranty the end-customer must:

• before the warranty period (see above) expires, at own cost, within 14 days after the fault has been discovered or should reasonably have been discovered, submit details of the claim to Ubbink in writing to our business address/service email detailed above, including:
  • end- customers name, address, phone number (and warranty registration number, if applicable);
  • what is considered to be the defect and the circumstances in which the defect appeared and the claim under this warranty;
  • error code and other information concerning the fault; 

and

• provide Ubbink with all other information it reasonably requests about the circumstances in which the considered defect was caused.

Ubbink will then arrange for the Product to be inspected, at its cost to determine whether it is defective and if, acting reasonably, Ubbink agrees that the Product is defective, Ubbink will repair or replace the Product as described in Section 4 (above). If a warranty claim proves to be unfounded, any inspection costs (including transport costs) may be charged to the end-customer, and the end-customer will be required to take back the defective Products that were subject of the claim.

Liability Limitation of Warranty

This limited warranty terms for the Product as set forth herein are expressly in lieu of and exclude all other express or implied warranties - save for such warranties, if any, as may not, at law, be excluded.

A warranty claim honored by Ubbink does not mean that Ubbink also accepts liability for any damage suffered. The liability of Ubbink never extends beyond what is described in these warranty conditions. Under no circumstances shall Ubbink be liable in respect of indirect or consequential loss or damage, such as loss of profit, loss of production, business interruption or delay, loss of opportunity, damage to goodwill or otherwise.  

Ubbink's liability is in any event limited to the maximum amount for which Ubbink’s liability is insured or, if in any particular case the loss or damage is not covered by Ubbink’s insurance, the invoiced amount of the products in question. 

Notwithstanding the foregoing, the limitation under this warranty do not limit or exclude Ubbink’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees (ii) fraud or fraudulent misrepresentation or (iii) any matter in respect of which it would be unlawful for Ubbink to exclude or restrict liability.

EMS Software and Hardware

On purchase, the Ubbink Battery Energy Storage System (BESS) is pre-bundled with software and hardware for the Voltara Energy Management System (Voltara EMS or EMS). The EMS software measures the performance and guards technical and safety features of the Battery. The EMS software is also called “Voltara EMS”. The EMS software is not owned by Ubbink and is supplied with a limited use licence, relating to the use in combination with the Ubbink Battery Energy Storage System (BESS). The Voltara EMS software and hardware is required for advanced functionality in view of technical and safety features of the Ubbink Battery Energy Storage System (BESS) and cannot be unbundled. If you remove or modify the EMS software, the Ubbink Battery Energy Storage System (BESS) will not work to its intended purpose and this warranty is voided. This warranty, granted by Ubbink, is limited to the Products described in Section 1 above and does not include a warranty for the EMS software and the operation of the EMS software. 

Other

The terms and conditions set forth in this warranty and the application thereof are governed by and shall be construed in accordance with the laws of The Netherlands. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Ubbink reserves the right to amend this warranty.