Warranty

HCI Energy LLC, Limited 12 Month Warranty

HCI Energy, LLC ("HCI") warrants that the Hybrid Power Shelter and/or ZPM and its integrated components (the "Equipment") subject to this sale conforms to HCI’s written specifications as defined in the HCI Owner's Manual.  The Equipment will be free of material defects in workmanship and materials for twelve (12) months (the “Warranty Period”) from the date of shipment when operated and/or stored under normal service conditions and used for which the Equipment was intended. If HCI is notified of the Buyer's inability to accept delivery, HCI will send the Buyer a Holding/Storage Fee invoice as stated in Terms and Conditions found on the quote, and at that point in time, the Equipment will be deemed as shipped in place. The final invoice for payment will also be due, payable and invoiced. The Buyer will take ownership and the Warranty Period will commence.  Products not designed by HCI and not manufactured by HCI will carry only the original manufacturer’s warranty and are not warranted by HCI or covered by this limited warranty. To the extent it is permitted to do so, HCI will assign to the Buyer the warranty (if any) from the original manufacturer.

HCI’s warranty applies under the following terms and conditions:

The Buyer shall return such defective part or parts direct to manufacturer, repair facility or to HCI’s factory as directed by HCI, transportation prepaid, immediately upon the Buyer's discovery and notification to HCI of the defect in question or as stated in paragraph (5) below.
Buyer will be responsible for and pay all delivery, freight and taxes/duties, and all other shipping costs and expenses with respect to the delivery or return, disposal and proper handling of any HCI Equipment hereunder and said costs are due and payable (Net 30).
This limited warranty shall be only valid if the Equipment is installed, maintained, stored and operated appropriately for its intended application as determined in HCI’s sole discretion. For guidance on lightening and surge protection, adequate grounding, and environmental guidelines, please consult HCI prior to time of purchase.
HCI’s sole obligation under this warranty is limited to either repairing or replacing defective goods or refunding the purchase price for such goods, as determined in HCI’s sole discretion, and the Buyer's sole and exclusive remedy under this warranty will be limited to said repair, replacement, or refund and shall not exceed the original purchase price. All duties, tariffs, customs, and other expenses not related to goods are the sole responsibility of the Buyer.  In no event shall this warranty obligate HCI to repair or replace Equipment components that the manufacturer has ceased production on.
HCI is not liable for any claim or claims for damages, lost revenue, or lost profits which may result, either directly or indirectly, from any defect in any part or parts manufactured or provided by HCI including consequential damages.
The Buyer shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable:
a. The Equipment has been operated beyond rated capacity, outside of the Equipment specifications, not in compliance with operational manuals and instructions provided for in the HCI Owner's Manual, stored improperly and/or used/applied negligently or improperly.
b. The Equipment's serial number plate has been removed, defaced, or altered.
c. The Equipment has been moved and/or relocated from the initial HCI approved location/destination. 
d. The Equipment's digital operation data logs are missing, deleted, or are unrecoverable.
e. The Equipment has been subjected to misuse, neglect, improper handling or transportation, improper installation or maintenance, improperly stored, used and/or integrated with unapproved parts, or has been altered or repaired by anyone other than HCI or its authorized representative.
f. The Equipment has been exposed to, fueled with, or operated with an unapproved fuel, improper fuel mixture, deteriorated fuel, or fuel quality that does not meet the HCI written specifications as provided for in the HCI Owner's Manual and associated documentation relating to purity, quality, condition, mixture ratio, energy, heating value, or age.
g. The Equipment has been exposed to air quality (meaning ambient air originating outside that enters the equipment envelope) that does not meet HCI's written specifications as provided for in the HCI Owner's Manual and associated documentation.
h. HCI ’s supplied fuel system is not maintained or stored properly, or the Buyer or Buyer’s agent(s) substitutes unapproved materials or components in any portion of the fuel system, supply/dispensing equipment, storage containers, or transport vehicles or vessels.
i. The Buyer’s or other Third Party’s fuel storage components, parts, system, filters or the distribution, delivery, and refueling methods fail to maintain fuel quality and purity requirements as specified in the HCI Owner's Manual and associated documentation.
j. Violating DO NOT OPEN labeling or the SOFTWARE OWNERSHIP clause of HCI’s Terms and Conditions.
k. The Equipment has been damaged from external causes such as but not limited to accident-causing damage, exposure to extreme weather conditions outside of Equipment specifications provided for in the HCI Owner's Manual and associated documentation, force majeure, battery leakage, or improper use of an electrical source.
l. The Equipment has been subjected to theft or damages due to negligence, improper storage, vandalism, or other deliberate acts.
m. The software has been damaged by computer or internet viruses, including but not limited to bugs, worms, Trojan Horses, cancel bots, or damage caused by the connection to other products not recommended for approved by HCI for interconnection.
n. Equipment is damaged in transit (claims to be handled by consignee, unless otherwise indicated).
o. Any and all Buyer specified equipment is not covered by this warranty.

In lieu of returning the defective part or parts to HCI's factory, authorized repair facility, or manufacturer as specified in paragraphs (1) and (2) above, the Buyer may request HCI to make the necessary repairs on site when, in the sole discretion of HCI, such repairs on site are practicable. Labor shall be billed to the Buyer in accordance with current applicable service rates in effect at the time, and the Buyer shall reimburse HCI for all travel and living expenses incurred by HCI in connection with any on-site repair.

Any materials, designs, or procedures prescribed by the Buyer or materials, hardware, software, or other elements, including any fuel container(s) or fuel system components used or supplied by the Buyer will NOT be covered by any warranty or guarantee from HCI unless agreed to in writing by HCI.

This warranty specifically excludes any normal wear due to accepted use, cosmetic, or other defects not affecting Equipment operation. It also specifically excludes any supply, consumable, or scheduled maintenance replacement items such as batteries, filters, fluids, fuel, light bulbs, motors, pumps, etc.

This warranty shall not apply to any expenses incurred investigating performance complaints unless it is determined, in HCI’s sole discretion. that defective HCI materials and/or workmanship were the direct cause of the problem. In the event the location is not accessible by standard vehicles (auto/SUV), Buyer is responsible for providing transport to the Equipment location and surcharges may be applicable for non-standard travel rates/accommodations, additional HCI personnel or last-minute scheduling that impacts the current HCI daily rate in effect at the time.

THE LIMITED WARRANTIES STATED IN THIS DOCUMENT ARE HCI ’S SOLE AND EXCLUSIVE WARRANTIES PERTAINING TO THE EQUIPMENT, AND HCI HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

EXCEPT AS EXPRESSLY STATED IN THIS WARRANTY, HCI NOR ANY PERSON ACTING ON BEHALF OF IT, HAS MADE, IS MAKING, OR SHALL BE DEEMED TO HAVE MADE ANY ORAL OR WRITTEN REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), WITH RESPECT TO THE GOODS. HCI CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD.

UNDER NO CIRCUMSTANCES SHALL HCI BE LIABLE TO ANYONE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LIQUIDATED DAMAGES, LOSS IN PROFITS OR REVENUES, COSTS OF CAPITAL, DOWNTIME COSTS OR DAMAGES RELATED TO OUR PRODUCT PERFORMANCE FOR BREACH OF THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, OR UPON ANY OTHER BASIS OF LIABILITY WHATSOEVER, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY HCI’s OWN NEGLIGENCE OR FAULT AND EVEN IF HCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

If HCI is held liable whether directly or indirectly for any loss or damage with respect to the Equipment it sells, regardless of cause or origin, its maximum liability shall not, under any circumstances, exceed the purchase price of the Equipment, which shall be fixed as liquidated damages and not as a penalty and shall be the complete and exclusive remedy against HCI.

HCI Energy, LLC PATENT AND PROPRIETARY RIGHTS

The information contained herein is subject to change without notice. HCI shall not be liable for technical or editorial errors or omissions contained herein.
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