Product Warranty Statement
LIMITED WARRANTY – Subject to the terms below, this Limited Warranty covers Nuvation Energy branded products and accessories, hereafter referred to as “Product”. Nuvation Energy warrants that Product delivered will substantially conform to the accompanying specification documentation and be free of defects in material and workmanship for the period that this warranty is valid for.
This warranty does not apply to products that are not Nuvation Energy branded products even if they are sold along with Nuvation Energy Products. These excluded products are identified by ‘NUVX-*’ product part number.
WARRANTY COVERAGE – Nuvation Energy’s entire obligation and Buyer’s sole remedy shall be, (a) in the case of software developed by Nuvation Energy, for Nuvation Energy to use reasonable commercial efforts to promptly correct such failure to conform, and (b) in the case of hardware, for Nuvation Energy to repair or use reasonable commercial efforts to replace any defective Product component to conform to the specifications during purchase. Nuvation Energy does not warrant that use of the Product will be uninterrupted or error free.
Any repaired or replaced components of the Product will be warranted for the longer of the remainder of the warranty period of the replaced Product component or ninety (90) days.
Notwithstanding the foregoing, samples and prototypes are provided “AS IS,” WITHOUT WARRANTY OF ANY KIND.
WARRANTY PERIOD – The standard warranty period is one (1) year from the date of shipment of Product to Buyer. Extended warranty periods are available on volume purchases and must be purchased before the shipment of Product. All warranty periods, whether standard or extended, are subject to the terms of this Limited Warranty. Warranty exclusions are provided below. Additional warranty exclusions specific to the Stack Switchgear Product are also provided below.
TRANSFER – This warranty is available only to Buyer and is non-transferable to any third party, including but not limited to Buyer’s distributors, retailers and end customers, except as approved in writing by Nuvation Energy. Approved warranty transfers extend only to Buyer’s end-customer and Nuvation Energy would only process warranty claims directly with Buyer, unless Buyer is no longer operating in business.
WARRANTY EXCLUSIONS – This limited warranty does not cover problems that result, directly or indirectly, from:
- Accident, misuse, neglect, or unreasonable use or operation of the Product or component, including, but not limited to, operation of electrical equipment at voltages other than in the range specified on the unit nameplate (includes damages caused by brownouts);
- Modification, change, or alteration of Product or component, except as directed in writing by Nuvation Energy;
- Opening Product enclosure, or breaking or tampering with the warranty sticker, except as directed in writing by Nuvation Energy;
- Use of accessories that have not been approved by Nuvation Energy that are installed on or in the Product;
- Installation, operation, maintenance, or service outside of the printed recommendations of Nuvation Energy or that is not performed in compliance with applicable building, mechanical, regulatory, and electrical codes;
- Installation or operation in a corrosive atmosphere, or otherwise in contact with corrosive materials (e.g., chlorine, fluorine, salt, recycled waste water, urine, fertilizers, or other damaging substances or chemicals);
- Failure to follow the product instructions or failure to perform preventive maintenance as described in Product documentation;
- Any error, omission or defects caused by third party designs, data or technology;
- Any act of God, including, but not limited to, fire, floods, wind, lightning, hurricanes, tornadoes or earthquakes.
This limited warranty does not apply to, nor is any warranty offered by Nuvation Energy for:
- Any equipment or components installed in conjunction with Product such as third party Contactors, Shunts, Power Conversion Systems, Inverters, Solar Charge Controllers, Energy Management Systems, Power Distribution Panels, Control Panels, Breakers, etc.;
- Normal wear and tear, aging or natural degradation that does not affect normal functionality;
- Product with missing or altered identification tags or serial numbers;
- Product for which Nuvation Energy has not received payment
Nuvation Energy shall not be liable for installation charges, for expenses of Buyer for repairs or replacement, for damages from delay or loss of use, or other indirect or consequential damages of any kind.
WARRANTY EXCLUSIONS – STACK SWITCHGEAR SPECIFIC EXCLUSIONS – The following are additional terms that apply specifically to the Nuvation Energy Stack Switchgear product (“SSG Product”), also identified by ‘NUVSSG-*’ product part number.
This limited warranty does not cover problems that result, directly or indirectly, from:
- Modification, change or alteration of SSG Product software configuration, except as directed in writing by Nuvation Energy;
- Accident, misuse, neglect, or unreasonable use of SSG Product beyond the operating specifications as defined in product documentation;
- Exceeding the mechanical lifetime specifications for SSG Product internal components like, but not limited to relays, fuses, contactors, pre-charge resistors, connectors, as specified in product documentation;
- Accident, misuse, neglect, or unreasonable use or operation of SSG Product beyond the thresholds defined in the software configuration;
- Failure to ship SSG Product in its original packaging or failure to follow SSG Product transportation and installation specifications for applications where SSG Product is installed and transported.
WARRANTY LOGS – Nuvation Energy may request access to Warranty Logs on the Product to process a warranty claim. If Buyer refuses to provide Warranty Logs, Nuvation Energy reserves the right to deny the warranty claim.
WARRANTY RETURNS – In the event Buyer would like to request a warranty return, Buyer will inform Nuvation Energy that Product does not conform to the warranty and will send a non-conformance report and RMA request to Nuvation Energy. Nuvation Energy will review the information and determine if an RMA return is appropriate or some other action is more appropriate.
Nuvation Energy will complete this review of information within a commercially reasonable time period. Should an RMA request be approved, then the non-conforming portion of the Product shall be shipped to Nuvation Energy, at Nuvation Energy’s expense, for further verification of the non-conformance. Upon verification of the non-conformance, Nuvation Energy will, at its own expense, ship a replacement of the non-conforming portion of the Product with a replacement that is conforming.
Buyer will be responsible for the aforementioned expenses in the event Nuvation Energy is unable to verify the non-conformance. Repair and replacements for defects in workmanship or material defects will be provided free of charge.TO THE FULL EXTENT PERMITTED BY LAW, THE WARRANTIES SET FORTH IN THIS DOCUMENT ARE NUVATION ENERGY’S EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, UNDERTAKINGS OR TERMS OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, BY OPERATION OF LAW, ARISING BY STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, LACK OF VIRUSES, TITLE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, AND/OR LACK OF WORKMANLIKE EFFORT. THE PROVISIONS OF THIS DOCUMENT SET FORTH BUYER’S SOLE REMEDY AND NUVATION ENERGY’S SOLE LIABILITY WITH RESPECT TO THE WARRANTY SET FORTH HEREIN. NUVATION ENERGY DOES NOT WARRANT AGAINST ANY BUG, ERROR, OMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN ANY SOFTWARE.