Limited Warrenty Policy

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III. Limitation of Warranty
1. The warranties set forth hereunder shall not apply to Products which, in Samsung SDI’s
absolute judgment have been subjected to: misuse, abuse, neglect or accident; alteration,
improper installation, application or removal (including but not limited to any
installation, application, repair, service or removal by any party not authorized in
writing or text form by Samsung SDI); non-observance of Samsung SDI’s installation,
users and/or maintenance instructions; repair or modifications by someone other than a
service technician approved by Samsung SDI ; power failure surges, lightning, flood,
fire, accidental breakage or other events outside Samsung SDI’s control. Further, no
warranty shall apply to any damage caused by unauthorized goods to which Samsung
SDI’s Products are incorporated or installed into, or used together with, including any
parts thereof. Customers of Samsung SDI's Products shall be fully aware that the Products
are intended for individual operation. Connecting other product or products in parallel with
Samsung SDI's Products may result in abnormal operation. For the avoidance of doubt, it
shall be clarified that this shall not restrict the End-User from incorporating or installing
the Products in combination with products or in systems offered by The End-User.
2. End-User shall promptly (but in any event within fifteen (15) days after obtaining notice
or knowledge thereof) notify Samsung SDI of any defect or other nonconformity with
any of the Product Warranty identified by End-User by delivering written notice
(whereas telefax or email shall be sufficient) to Samsung SDI of a warranty claim.
Samsung SDI shall promptly notify End-User of any defect or other nonconformity with
any of the Product Warranties identified by Samsung SDI. . Any installation defects,
however, shall be identified by the Installers who installed the Products in the first
place. Samsung SDI can send its engineers to the installation site upon request, however, to
identify the purported defect upon request, provided that any cost incurred is to be borned by
Installers.
3. This warranty does not apply to batteries that
- are not operated in accordance with the operating manuals for their intended purpose;
- have been incorrectly installed or commissioned;
- have been modified, altered or operated with other components not approved by SAMSUNG SDI;
- have been physically damaged (e.g. damage from falls, from transportation);
- have been damaged by force majeure (e.g. flash of lightning, overvoltage, storm, fire);
- have been treated improperly, negligently in any other inappropriate way
(including use outside of the recommended ambient conditions).
4. EXCEPT AS SPECIFIED ABOVE, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY,
NON-INTERFERENCE, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE,
OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY
APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY SAMSUNG SDI. TO
THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH
WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD.