The Electriq System (the “System”) Limited Warranty
Our System comes with a limited warranty from Electriq Power, Inc. (“we”, “our” or “us”). We warrant that during the Warranty Term (as defined below) and provided that the System is used as intended and in the normal course that the System, as per our published specifications, (the “Limited Warranty”) the System will be free from material defects in design, workmanship, and materials as more specifically described below.
Intended Use/Normal Course
The System must be installed and serviced only by trained and authorized installers and technicians. If your installer is not listed on our website, please contact us for confirmation. Connection to the electric utility grid requires prior approval from your utility, which will be obtained by the authorized installer. Improper installation, modification or inappropriate use can lead to lethal hazards for operators and/or damage to devices and property. This Limited Warranty is void in the event of installation or service by non-authorized technicians.
Any use other than the specified intended use shall not be deemed intended or normal use. We shall not be liable for property damage, personal injury or death as a result of, or created by, unintended use.
The Limited Warranty applies to the original buyer of the System from an authorized seller (“Buyer”) and the Limited Warranty is void with respect to purchases from unauthorized sellers. The Limited Warranty may be transferred to any bona fide purchaser of the property where the unit is installed by the original Buyer provided that the unit is not relocated in any manner, including within the original address or structure, or serviced at any time by an authorized technician. The Limited Warranty will remain in effect for the time period remaining under the Limited Warranty and shall not be extended by any transfer.
The Limited Warranty term for the original Buyer and any proper transferees is ten (10) years (“Term”) commencing on the earlier of the System installation or ninety (90) days from the shipment of the System from us.
In the event your System does not operate in conformance with the Limited Warranty during the Warranty Term, we will repair or replace, at our sole discretion, the components or parts (including round trip shipping charges for defective components (via a carrier and method selected by us and to the original installation location) using an authorized service provider. We will not cover any other costs including repairs undertaken or parts or components purchased without our prior approval or authorization. This is your sole and exclusive remedy and our sole and exclusive obligation to the Buyer.
Repairs and replacements may use new and/or reconditioned parts, at our option. We reserve the right to use parts or components of original or improved design in repair or replacement of defective parts or components. Any repair or replacement will continue to be covered by the Limited Warranty under the original Warranty Term or ninety, (90) days from the date of installation of the part.
In addition to the limitations described herein, this Limited Warranty also excludes, and we will not be responsible for, the following items:
- Damage to the units caused by shipping, such damages are the responsibility of the shipper and claims should be made through the carrier (we will assist in such claims if shipping was arranged by us);
- Equipment or materials not supplied by us, such as fuses, connectors, and cable, these components may carry their own warranty;
- Equipment or materials installed or modifications to the System by parties other than our authorized installer or servicer;
- The System’s online monitoring system or software;
- Cosmetic damage to the exterior housing of the System such as dents, nicks or scratches which do not interfere with normal operation and not caused by our authorized installer or servicer;
- Damage due to abuse, misuse or negligent activities of parties other than our authorized installer or servicer; OR
- Force majeure events which include storms, lightening, fire or any other actions of third parties or events which are beyond our reasonable control and not arising from normal course of operating of the System.
The System is not intended as a backup for life support or medical equipment or devices. We hereby disclaim all liabilities for damages incurred by such uses.
This Limited Warranty gives you specific legal rights. Your state may give you additional legal rights, which vary from state to state.
Disclaimer and Limitation of Warranties and Liability:
THE LIMITED WARRANTY IS OUR SOLE AND EXCLUSIVE WARRANTY AND EXCEPT AT EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED TO ANY MATTER WHATSOEVER. TO THE FULLEST EXTENT ALLOWED BY LAW WE SPECIFICALLY DISCLAIM ALL STATUTORY WARRANTIES, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
THIS LIMITED WARRANTY DOES NOT COVER INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OR EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM THE SYSTEM OR THE — USE OF THE SYSTEM NO MATTER HOW THEY ARISE.
We make no guarantee of savings resulting from the use of our System and no warranty against any failure of the System to provide savings.
No employee, agent, reseller or other person is authorized to offer warranties on our behalf. Any verbal representations intended to modify this Limited Warranty shall be invalid and unenforceable against us.
Making a Claim:
To make a Limited Warranty claim, you must contact us at: