Effective Date: January, 2023
Moduly Limited Warranty (USA)
Moduly Nodz™ battery 2.5 kWh: MNB23Q1
Moduly Nodz™ Controller: MNC23Q1
Moduly, warrants that:
(1) Your Moduly Nodz™ battery 2.5kWh will be free from defects for ten years following its initial purchase date; and
(2) Your Moduly Nodz™ Main controller will be free from defects for two years following its initial purchase date; and
(3) Your Moduly Nodz™ battery 2.5kWh will have an energy capacity of 2.5 kWh per battery module on its initial installation date, and will retain energy capacity as shown in the table below.
Solar self-consumption2 or peak control3 and power outage backup4
70% at 10 years following initial installation date
Any application not listed above, or any combination of applications that includes one not listed above
70% at 10 years following initial installation date
7 MWh of aggregate throughput5
Note that this Limited Warranty (including its duration) is subject to a number of important exclusions and limitations, which are set out in detail below.
2 Storing energy generated by an onsite solar array, and using that stored solar energy for daily self-consumption.
3 Storing energy generated by the grid or an onsite solar array, and using that stored energy for time-of-use load shifting. Battery is discharged up to 20% of maximum capacity during the peak control event.
4 Storing energy generated by the grid or an onsite solar array, and using that stored energy as backup power during a power outage event; more than 40 power outage events per year is considered as off-grid. An off-grid application is not considered as a backup.
5 Measured at the battery DC output.
If your Moduly Nodz™ fails to comply with the above Limited Warranty, Moduly will, in its sole discretion, either repair your Moduly Nodz™ (using new or refurbished parts), replace your Moduly Nodz™ with an equivalent product (new or refurbished), or refund you the market price of an equivalent product at the time of the warranty claim.
If your Moduly Nodz™ is repaired or replaced under this Limited Warranty, the remainder of the original warranty period will apply to the repaired or replacement product. Under no circumstances will the original warranty period be extended as a result of your Moduly Nodz™ being repaired or replaced.
What Products are Covered?
This Limited Warranty applies to any Moduly Nodz™ that (1) was purchased from Moduly or a Moduly certified partner in the United States of America; (2) has one of the part numbers referenced above; and (3) is installed in the United States of America. Please contact Moduly if you have any concerns regarding whether you purchased your Moduly Nodz™ from a Moduly certified partner.
Who Can Make a Claim?
Limited Warranty claims can be made by or on behalf of the end user who acquired and put the Moduly Nodz™ into use for the first time. The ownership of the Limited Warranty cannot be transferred to a subsequent owner of the Moduly Nodz™.
Agreement to Arbitrate
Please carefully read this provision, which applies to any dispute between you and ModulyInc. and its affiliates (together “Moduly”). If you have a concern or dispute, please send a written notice describing it and your desired resolution to email@example.com.
Notice of dispute
If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Moduly will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our products.
The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If the AAA is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute.
Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) where you are receiving Moduly Services. If the value of your claim is USD $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing.
If the value of your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision or the arbitrability of disputes are for the court to decide. The arbitrator may consider, but is not bound by, rulings in other arbitrations between Moduly and Moduly users. The arbitrator can award the same individualized damages and relief that a court can award.
Judgment on the award may be entered by any court having jurisdiction.
To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to http://www.adr.org.
Costs of Arbitration
The AAA’s fee schedule is subject to change and may be found in the AAA Rules (available online at www.adr.org or by calling the AAA at 1-800-778-7879). Moduly will pay all AAA filing, administrative and arbitrator fees for any arbitration that Moduly commences.
If you provided Moduly with 60 days’ notice of your intent to arbitrate before commencing arbitration and the value of your claim is USD $75,000 or less, Moduly will pay your share of any such AAA fees. If the value of your claim exceeds USD $75,000, the allocation of AAA fees will be governed by the AAA Rules (unless the law of your state requires Moduly to pay all such fees).
If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees shall be governed by the AAA Rules.
In such cases, the arbitrator may direct you to reimburse Moduly for amounts that Moduly paid on your behalf.
No Class Arbitration
The arbitrator may only resolve disputes between you and Moduly and may not consolidate claims without the consent of all parties.
The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing or leasing Moduly products. In other words, you and Moduly may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.
If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy (such as injunctive or declaratory relief), then that claim or remedy (and only that claim or remedy) shall be severed and must be brought in court and any other claims must be arbitrated.
30-Day Opt-Out Period
If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section “Agreement to Arbitrate”, you must notify Moduly in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law).
Your written notification must be mailed to Moduly at the following address:
370 Chemin de Chambly, suite 100, Longueuil, Quebec, Canada, J4H 3Z6.
Subject to Section “Agreement to Arbitrate - 30-Day Opt-Out Period” below, if you do not notify Moduly in accordance with this Section “Agreement to Arbitrate - No Class Arbitration”, you agree to be bound by the arbitration and group litigation waiver provisions of these Terms, including such provisions in any Terms revised after the date of your first acceptance. Such notification must include:
- Your name;
- Your Moduly account email address;
- Your mailing address;
- A statement that you do not wish to resolve disputes with Moduly through arbitration. This notification affects these Terms only; if you previously entered into other arbitration agreements with Moduly or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and Moduly.
Future Changes to Arbitration Provision
If Moduly makes any changes to the Dispute Resolution and Arbitration Section of these Terms (other than a change to the address at which Moduly will receive notices of dispute, opt-out notices or rejections of future changes to the Dispute Resolution and Arbitration Section), you may reject any such change by sending us written notice within 30 days of the change to Moduly at the following address: 370 Chemin de Chambly, suite 100, Longueuil, Quebec, Canada, J4H 3Z6.
It is not necessary to send us a rejection of a future change to the Dispute Resolution and Arbitration Section of these Terms if you had properly opted out of the arbitration and group litigation waiver provisions in this Section “Agreement to Arbitrate” within the first 30 days after you first accepted these Terms.
If you have not properly opted out of the arbitration and group litigation waiver provisions in this Section “Agreement to Arbitrate”, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject.
Limitations and Disclaimer
THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY MADE IN CONNECTION WITH YOUR MODULY NODZ™. Any other warranties, remedies and conditions, whether oral, written, statutory, express or implied (including any warranties of merchantability and fitness for purpose, and any warranties against latent or hidden defects) are expressly disclaimed. If such warranties cannot be disclaimed, Moduly limits the duration of and remedies for such warranties to the durations and remedies described in this Limited Warranty.
Relationship with Applicable Law
This Limited Warranty gives you specific legal rights. You may also have other legal rights, which vary from state to state. For example, some states do not allow limitations on how long an implied warranty lasts, meaning the limitations in the “Limitations and Disclaimer” section above may not apply to you. The terms of this Limited Warranty will apply to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction.
This Limited Warranty does not apply to any defect or energy capacity shortfall resulting from any of the following:
(i) abuse, misuse or negligence,
(ii) accidents or force majeure events, including but not limited to lightning, flood, earthquake, fire, or other events outside the reasonable control of Moduly;
(iii) store your Moduly Nodz™ outside the recommendations given in the Owner’s Manual
(iv) failure to operate or maintain your Moduly Nodz™ in accordance with the Owner’s Manual;
(v) any attempt to modify your Moduly Nodz™, but not limited to opening of the external casing, modifying electrical AC/DC input/outputs connection ports of the product, disassembled, using other system components not provided by Moduly or repaired by an entity other than Moduly or a Moduly certified partner whether by physical means, programming or otherwise, without the express written consent of Moduly.
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 Moduly Nodz™;
(b) noise or vibration that is not excessive or uncharacteristic and does not impact your Moduly Nodz™’s performance;
(c) damage or deterioration that occurs after the expiration or voiding of the warranty period; or (d) theft of your Moduly Nodz™ or any of its components.
Access to service and software updates of Moduly Nodz™
In order to provide this Limited Warranty for the full ten year warranty period, Moduly requires the ability to automatically update your Moduly Nodz™ through remote firmware updates via Internet connection without providing any additional notice or receiving any additional consent.
You consent to this automatic update. Installation of these remote upgrades may interrupt the operation of your Moduly Nodz™ for a short period. By installing your Moduly Nodz™ and connecting it to the Internet, you consent to Moduly updating your Moduly Nodz™ through these remote upgrades from time to time, without further notice to you.
If your Moduly Nodz™ is not connected to the Internet for an extended period, or has not been registered with Moduly(6), we may not be able to provide important remote firmware updates. In these circumstances, we may not be able to honor your full ten year Limited Warranty.
Even if we can’t honor your full ten year Limited Warranty for the above reasons, we will always honor your Limited Warranty for at least two years following the date your Moduly Nodz™ was purchased for the first time, subject to the exclusions and limitations set out in this Limited Warranty.
California Proposition 65 Warning
We are required to advise you that lithium-ion batteries may contain chemicals known to the State of California to cause cancer, birth defects and reproductive harm. We don’t expect you to come into contact with any part of your Moduly Nodz™ other than the external casing. If you do, please wash your hands afterwards.
Modifications and Waivers
No person or entity, including a Moduly employee or authorized representative, can modify or waive any part of this Limited Warranty. Moduly 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 Moduly Nodz™ models or on an ad hoc, case-by-case basis. Moduly reserves the right to do the above at any time without incurring any obligation to make a similar payment to other Moduly Nodz™ owners.
Waiver of Subrogation
You should protect against any risk of loss with the appropriate insurance coverage, and you are responsible for obtaining all insurance coverage you believe is necessary. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND THE APPLICABLE POLICY OR POLICIES OF INSURANCE YOU OBTAIN AND MAINTAIN, YOU RELEASE MODULY AND ITS LICENSORS AND SUPPLIERS FROM ALL LIABILITY FOR ANY LOSS OCCURRENCE, EVENT OR CONDITION COVERED BY YOUR INSURANCE.
Limitation of Liability
MODULY SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY, REGARDLESS OF THE FORM OF ACTION AND REGARDLESS OF WHETHER MODULY HAS BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. MODULY’S LIABILITY ARISING OUT OF A CLAIM UNDER THIS LIMITED WARRANTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR MODULY NODZ™.
SOME STATES DO NOT ALLOW, OR RESTRICT, THE EXCLUSION OR LIMITATION OF DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, OR MAY ONLY APPLY TO A LIMITED EXTENT.
Limitation on Use
YOUR MODULY NODZ™ IS NOT INTENDED FOR USE AS A PRIMARY OR BACKUP POWER SOURCE FOR LIFE-SUPPORT SYSTEMS, OTHER MEDICAL EQUIPMENT, OR ANY OTHER USE WHERE PRODUCT FAILURE COULD LEAD TO INJURY TO PERSONS OR LOSS OF LIFE OR CATASTROPHIC PROPERTY DAMAGE. MODULY DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF ANY SUCH USE OF YOUR MODULY NODZ™. FURTHER, MODULY RESERVES THE RIGHT TO REFUSE TO SERVICE ANY MODULY NODZ™ USED FOR THESE PURPOSES AND DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF MODULY’S SERVICE OR REFUSAL TO SERVICE YOUR MODULY NODZ™ IN SUCH CIRCUMSTANCES.
This Limited Warranty shall be governed by the laws of the state where your Moduly Nodz™ is installed, except to the extent inconsistent with or pre-empted by federal law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
To make a claim under this limited warranty, please refer to the following procedure;
Contact the Moduly Certified Partner who sold you your Moduly Nodz™ or if you purchased your Moduly Nodz™ directly from Moduly, you should contact us at the address, email address or phone number listed below.
For a warranty claim to be processed, it must include:
(i) proof of original purchase of your Moduly Nodz™ and any proof of ownership,
(ii) a description of the alleged defect(s), and
(iii) have the serial number of your Moduly Nodz™
(VI) the original activation date.
Before returning a Product to Moduly, you must obtain a Return Merchandise Authorization (RMA) number from Moduly by submitting a service request form at the link provided below.
After approval by Moduly, you can proceed with the return of goods(7).
Moduly Contact Details
• Moduly customer services: www.moduly.io/support/
• Moduly email: firstname.lastname@example.org
• Moduly address: 370 Chemin de Chambly, suite 100, Longueuil, Québec, Canada, J4H 3Z6
(7): Shipping costs of the product to the Moduly facilities for the warranty are the responsibility of the customer.