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© Moxion Power

1414 Harbour Way S # 1800,
Richmond, CA 94804, USA

Manufactured in the USA

LIMITED PRODUCT WARRANTY

Last updated June 21, 2024

Subject to the terms and conditions below, under this Limited Product Warranty (“Limited Warranty”), Moxion Power Co., located at 1414 Harbour Way S., Suite 1201, Richmond, CA 94804 (“Moxion”), warrants to the original purchaser or to an Eligible Subsequent Purchaser (as defined below) (“you”) of the Moxion MP 75/600 (“Product”) that the Product will be free from defects in material and workmanship for a period of twelve (12) months from the original date of purchase (the “Warranty Period”). If a defect covered by this Limited Warranty occurs during the Warranty Period, Moxion will repair (using new or refurbished parts) or replace (with a new or refurbished Product), at its option, the defective Product free of charge. All defective parts that are replaced free of charge will become the property of Moxion. Moxion’s repair or replacement will be your exclusive remedy with respect to any breach of this Limited Warranty. In the event Moxion replaces the Product under this Limited Warranty, then the Warranty Period will begin anew for the longer of ninety (90) days from the date of replacement or the remainder of the original Warranty Period. Moxion will not compensate for any expenses, fees, or charges for repair or replacement of Products or parts therefor by the customer or third parties other than Moxion or Moxion’s authorized servicers without prior written consent of Moxion or Moxion’s authorized servicers.

OBTAINING WARRANTY SERVICE

To receive instructions for obtaining repair or replacement warranty services, you must: (a) contact Moxion Customer Support at (510) 335-2487; or (b) write to the following address: Moxion Customer Support, 1414 Harbour Way S., Suite 1201, Richmond, CA 94804; or (c) send an e-mail to support@moxionpower.com, in each case before the Product is returned to Moxion or otherwise eligible for any repair or replacement. To receive warranty services, you must also provide a proof of purchase (in the form of a dated bill of sale or invoice receipt) evidencing that the request for service was made within the Warranty Period. In the event that Moxion determines that the Product is not covered under this Limited Warranty, shipping (if any), repair and replacement will be at your sole cost and expense, provided that Moxion will provide you with an estimate of repair and replacement costs before proceeding. Repairs may be dependent on parts availability, and Moxion will have no liability for delays related to delays in obtaining parts.

EXCLUSIONS FROM THE LIMITED WARRANTY

This Limited Warranty will not apply if the Product: (a) has been purchased from an unauthorized reseller; (b) was provided to you free of charge; (c) has been used with products or services that are not compatible with the Product; (d) has been used without appropriate or legally-required permits, licenses or other permissions; (e) has been modified or tampered with; (f) has been repaired, overhauled, altered or modified by you or third parties other than Moxion or Moxion’s authorized servicers or any servicer who has not received Moxion-required service training; (g) is damaged due to your failure to maintain the Product in accordance with Moxion’s specifications; (h) is damaged by any Act of God, misuse, abuse, negligence, accident, wear and tear, unreasonable use, or by other causes unrelated to defective materials or workmanship; (i) has been used in extraordinary operating conditions or outside rated capacity or Moxion’s specifications or user manual or otherwise in a manner or for a purpose not contemplated by Moxion’s then-current documentation; or (j) has had the serial number altered, defaced or removed. This Limited Warranty does not cover the Product trailer or any components thereof, or any portion of the Product that is covered by a third-party warranty.

In addition, this Limited Warranty does not cover (a) normal wear and tear or deterioration, or superficial defects, dents or marks that do not impact the performance of your Product; (b) noise or vibration that is not excessive or uncharacteristic and does not impact your Product’s performance; (c) damage or deterioration that occurs after the expiration or voiding of the Warranty Period; or (d) theft of your Product or any of its components.

WARRANTY TRANSFER

This Limited Warranty is transferable only to an Eligible Subsequent Purchaser. An “Eligible Subsequent Purchaser” is a purchaser of a Product who: (a) purchases the Product during the Warranty Period; (b) purchases the Product from (i) Moxion or (ii) an Moxion authorized reseller, and Moxion has authorized such reseller to sell such Product to you under its original warranty; and (c) has proof of such purchase and either proof of the original purchase or other proper documentation that the Product is within the Warranty Period and otherwise covered by this Limited Warranty. For clarity, resale of a Product to an Eligible Subsequent Purchaser will not extend the Warranty Period.

BATTERIES

Battery modules within your Product will be evaluated against Moxion’s then-current specifications for battery performance, which include evaluation of the ability for the battery module to provide power output as listed in Moxion’s documentation.

EXCLUSION FOR FAILURE TO CONNECT TO THE INTERNET

In order to provide this Limited Warranty for the full Warranty Period, Moxion requires that your Product be continuously connected to the Internet in order (a) to update your Product through remote firmware upgrades; (b) for Moxion to determine Product location and determine service and operational needs; (c) for Moxion to obtain operational data to ensure the Product has been and is being used within safe and acceptable operation conditions; and (d) for Moxion to otherwise monitor your Product and timely respond to warnings that could lead to faults and damage which would not be covered by this Limited Warranty if not timely identified. Installation of remote upgrades may interrupt the operation of your Product for a short period. By connecting your Product to the Internet, you consent to Moxion updating your Product through remote upgrades from time to time, without further notice to you. If your Product is not connected to the Internet for an extended period, Moxion may at its sole discretion not honor your Limited Warranty for the full Warranty Period and/or declare your Limited Warranty void. Please note that upon connection of your Product to the Internet, you may be required to agree to additional terms and conditions, including your consent for transmission of Product telematics and other data, and that such additional terms and conditions, and not this Limited Warranty, will govern your and Moxion’s agreement with respect to all such connectivity as well as all Product software and remote Moxion software.

MODIFICATIONS AND WAIVERS

No person or entity, including a Moxion employee or authorized representative, can modify or waive any part of this Limited Warranty. Moxion may occasionally offer to pay some or all of the cost of certain repairs that are not covered by this Limited Warranty, either for specific Product models or on an ad hoc, case-by-case basis. Moxion reserves the right to do the above at any time without incurring any obligation to make a similar payment to other Product owners.

NO OTHER WARRANTIES, LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICATION LAW, THIS LIMITED WARRANTY WITH RESPECT TO EACH PRODUCT IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NO OTHER REPRESENTATION OF ANY NATURE WILL BE BINDING ON OR OBLIGATE MOXION. IF ANY SUCH WARRANTY IS INCAPABLE OF EXCLUSION, SUCH WARRANTY IS HEREBY LIMITED IN DURATION TO THE WARRANTY PERIOD DESCRIBED ABOVE. IN NO EVENT WILL MOXION BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN ANY WAY TO THE PRODUCT OR THIS LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts or exclusion of certain damages, so the above limitations may not apply to you. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state or province to province. If any term of this Limited Warranty is prohibited by applicable law, it will be null and void and the remainder of this Limited Warranty will remain in full force and effect. This Limited Warranty is valid only in North America.