Guarantee, Replacement and Repair Terms and Conditions for DELTA TPS Products

1. GUARANTEE TERMS AND CONDITIONS

1.1 GUARANTOR

Delta Energy Systems (Switzerland) AG (hereinafter: “DELTA”)
Freiburgstrasse 251
CH-3018 Bern-Bümpliz
Switzerland
grants to customers, other than consumers, purchasing products directly from DELTA
(hereinafter: “Customer”) a manufacturer’s guarantee in accordance with the terms and
conditions outlined below.

1.2 GUARANTEE   COVERED PRODUCTS AND GUARANTEE   PERIOD

The product guarantee period is 24 months from invoicing date to Customer. Date of an invoice to be proven by Customer. Product repaired or replaced during the guarantee period will be under guarantee for the length of the remainder of the guarantee period or six (6) months. Wearing parts in the products such as surge protectors and fuses are excluded from the guarantee.
For batteries delivered with DELTA power systems the original guarantee conditions from the battery manufacturer apply.

1.3 GUARANTEE CLAIMS

If within the guarantee period a product exhibits a defect which compromises functioning of the product (a guarantee claim), DELTA will, at its discretion, either replace the product with a used, of equivalent type and age or a new one. Or Delta will repair the defective product or provide the spare parts for repair. Repairs are performed at DELTA’s discretion either at the DELTA repair centre (RC) in Dubnica, Slovakia, or a

Version: July 2015
DELTA Partner. Purely aesthetic defects which have no effect on product functionality or operability are not covered by the guarantee. The guarantee covers costs for the replacement device or repair and costs for shipping the replacement device or the repaired product to the Customer. Transport costs related to guarantee shall always be carried by the sending party i.e. the Customer carries the transport costs from the marketplace to the collection point defined by DELTA and the DELTA carries the transport costs back to the Customer. Any customs, duties and other
related costs shall be borne by the Customer.

1.4 PREREQUISITES FOR GUARANTEE CLAIMS

For a guarantee claim to be valid, the type label of the respective product bearing the date of production must be fully legible and the guarantee seal undamaged.
For a product under extended guarantee, the guarantee extension date will have to be proven by Customer.

1.5 PROCESSING OF GUARANTEE CLAIMS

The procedure for filing a guarantee claim is as follows:
 The Customer first completes the Return Material Authorization form (RMA form) describing the error in detail and sends the RMA form to the address TPS.RMA@delta-es.com
 The DELTA Service team reviews the information provided and contacts the Customer in case of any questions.
 On the basis of the information provided by the Customer DELTA then decides as to how to proceed (perform the repair, provide replacement unit or spare parts).
 DELTA will assign the RMA number and inform Customer about next steps.

1.5.1 DELIVERY OF A REPLACEMENT DEVICE

If DELTA opts to deliver a replacement device, the following procedures apply:
The Customer receives an e-mail from DELTA in which a reference number (RMA number) is assigned. After the RMA number is assigned, DELTA ships out the replacement device to the Customer, along with an invoice for the product. Once the Customer receives the replacement device the Customer must return the defective product to DELTA within thirty (30) calendar days in the same transport packaging in which the replacement device was delivered. The date on which the Customer sends back the defective product applies regarding deadline adherence. As soon as the defective product is received in DELTA, the above-mentioned invoice will be credited. DELTA reserves the right on a case-by-case basis to make delivery of a replacement device conditional upon the Customer first paying an invoiced amount. When the defective product is returned to DELTA the invoiced amount is refunded.

Version: July 2015
Upon delivery of the replacement device, the remaining guarantee period applies to the replacement device. Delta is entitled to provide to Customer refurbished devices as replacement products, provided the functionality of the replacement products is not impaired.

1.5.2 REPAIR AT DELTA REPAIR CENTER

If DELTA decides that a defective product is to be repaired at the DELTA repair centre in Dubnica, Slovakia, following procedure applies:
The Customer receives an e-mail from DELTA in which a reference number (RMA number) is assigned. Together with the RMA number DELTA provides a return instruction for the defective product. Customer packs adequately the defect device and sends to an instructed collection point. After successful repair Customer gets back his device.
If a device is not repairable, DELTA will either replace the product with a used, or new one of equivalent type and age of Customer´s device and send it to Customer.

1.6 GUARANTEE EXCLUSIONS AND LIMITATIONS

Excluded from DELTA’s guarantee and liability are claims based on any of these circumstances:
 Improper installation and/or commissioning
 Incorrect use or operation
 Failure to comply with the operating, installation and/or maintenance manual
 Incorrect ventilation and cooling
 Heavy soiling with dirt or dust
 Exposure to condensing humidity conditions or to water ingress beyond the specifications of the product
 Changes to the product, opened and/or repaired by unauthorised personnel or service and repair organisations without prior approval from DELTA
 Failure to comply with the applicable safety regulations
 Transport damage
 Force majeure (in particular storm damage, lightning, fire, thunderstorm, flood, armed conflict, etc.)

This guarantee does not apply to products which have been subject to abuse, misuse, accident, alteration, neglect, unauthorised repair or improper installation. DELTA shall be entitled to make a final determination as to the existence and cause of any alleged defect.

Version: July 2015
DELTA makes no other guarantees under this agreement, express or implied, and DELTA hereby disclaims all guarantees including without limitation any implied guarantee of merchantability, fitness for particular purpose and non-infringement.
DELTA will not be liable for any indirect, incidental, special, consequential or punitive damages, or damages for loss of profits, revenue, data or use, whether in an action in contract or tort, even if advised of the possibility of such damages. These limitations of liability will survive notwithstanding the failure of essential purpose of any limited remedy.
The exclusions and limitations of the guarantee do not apply as far as they are in contrary to compulsory law.

1.7 CONCLUDING PROVISIONS

This guarantee is subject to the laws of Switzerland. The place of jurisdiction for any disputes arising from or in connection with this guarantee shall be that of the DELTA branch office located in Bern-Bümpliz, Switzerland. DELTA reserves the right, however, to file suit before the court at the Customer’s place of business.

2. PROCESSING OF NON-GUARANTEE REPAIRS

As a service DELTA offers repair of out of guarantee defective products (to the extent technically possible) on a fee basis. Customers must inquire with DELTA for a repair cost total. To commission such repairs the Customer must use the RMA form. The Customer receives an e-mail from DELTA in which a reference number (RMA number). Customer packs adequately the defect device and sends it to instructed place. After successful repair and payment of repair, invoice Customer gets back his device. The Customer bears transport costs and risk for shipping the defective device to and from the repair centre. The warranty period for repairs performed is six (6) months from the date of repair. DELTA reserves the right to reject a repair request if upon inspection the defect proves irreparable. In such case, DELTA is entitled to invoice the Customer a fee of € 60 (plus VAT) for inspection of the device.
Version: July 2015

3. DELTA CONTACTS

RMA claims, spare parts ordering: TPS.RMA@delta-es.com
Address: Delta Energy Systems (Switzerland) AG
Freiburgstrasse 251
CH-3018 Bern-Bümpliz,
Storage location:
Priemyselna ulica 4600/1
SK-01841 Dubnica nad Vahom, Slovakia
VAT ID: SK4020124922