Effective Date: January, 2023 

Moduly Limited Warranty (USA)

Applies to:
Moduly Nodz™ battery 2.5 kWh: MNB23Q1
Moduly Nodz™ Controller: MNC23Q1

Limited Warranty 
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.

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.

Remedies 
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 resolutions@moduly.io. 


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.


Arbitration Procedures
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:

1. Your name;
2. Your Moduly account email address;
3. Your mailing address;
4. 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.

(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.