Limited Warranty ATMOCE for Europe October 2024

 

Introduction

This Limited Warranty is provided by ATMOCE France ("Warranty Provider") to the buyer of the covered product ("Covered Owner") in Europe. It applies to products activated on or after the specified date, subject to the terms and conditions set forth herein. The purpose of this Limited Warranty is to outline the coverage provided by the Warranty Provider to the Covered Owner for defects in material or workmanship under normal use conditions.

 

Scope of the Warranty

This Limited Warranty ("Warranty") provided by ATMOCE France ("Warranty Provider") applies to the the party who initially purchases the Covered Product from ATMOCE Representative legal entity in the territory. It must be an authorized distributor or authorized partner ("Covered Owner") of the product(s) specified in the accompanying documentation or packaging ("Covered Product(s)"). This Warranty covers any defects in material or workmanship under normal use during the Warranty Period. The Warranty Period commences on the date of activation as defined below and continues for a period specified in the product documentation, unless otherwise stated in writing by the Warranty Provider.

The Warranty Provider will, at its discretion, repair or replace any defective Covered Product(s), or refund the purchase price, provided that the Covered Owner has complied with all terms and conditions of this Warranty. The Warranty Provider reserves the right to use reconditioned parts or products of equal quality and value in the performance of warranty service.

This Warranty does not cover any damage or malfunction that results from: (i) improper installation, maintenance, or use; (ii) unauthorized modifications or repairs; (iii) normal wear and tear; (iv) external causes such as accidents, abuse, or other actions or events beyond the reasonable control of the Warranty Provider.

The parties agree that Warranty Provider is not responsible for installation and deinstallation work and / or costs on site at the final product user. The extend warranty obligations are based on the contractual place of delivers.

In case of doubts the buyer shall prove the error free treatment of the product.

 

Warranty Period

This Warranty shall commence on the Activation Date of the Covered Product(s) and shall continue in effect for the period specified in the product documentation provided to the Covered Owner at the time of purchase ("Warranty Period"). The duration of the Warranty Period may vary depending on the specific type of Covered Product(s) purchased. It is the responsibility of the Covered Owner to review the product documentation carefully to understand the duration of the Warranty Period applicable to their purchase.

 

Covered Product	Warranty Period(s)
Microinverter: MI-500/450/425/400/380/360	25 years from Activation Date
Gateway: MG100	5 years from Activation Date
Combiner: MC100/MC100L/MC100-T	5 years from Activation Date
Current  Sensor SK8410.6/ SK8410.7/SK9016.2/SK9017/SK9017.1	5 years from Activation Date
Relay: M-relay	5 years from Activation Date

 

Activation Date: the date the Covered Product is registered within Atmoce Platform (Website or APP) and shall never start later than maximum 12 months after the delivery form ATMOCE/Warranty Provider to Covered Owner.

The Warranty Provider reserves the right to amend the duration of the Warranty Period for future purchases without notice, provided that any such amendment will not affect the Warranty Period for Covered Product(s) already purchased by a Covered Owner prior to the date of such amendment.

 

Warranty Recipient

This Warranty is provided by the Warranty Provider to the Covered Owner of the Covered Product(s) (hereinafter referred to as the "Covered Owner"). The Covered Owner is entitled to the benefits of the Warranty for the Covered Product(s) for the Warranty Period, as defined in the accompanying documentation or packaging of the Covered Product(s).

Notwithstanding the foregoing, the Warranty Provider may, at its sole discretion, allow for the transfer of the Warranty to a new owner of the Covered Product(s), provided that:

1. The request for transfer is made within the Warranty Period;
2. The new owner agrees to be bound by the terms and conditions of the Warranty;
3. The Warranty Provider is notified in writing of the transfer request, including the new owner's full name and contact information, within three (3) months of the transfer of ownership;
4. Proof of purchase and any other documentation required by the Warranty Provider are provided by the new owner.

Any transfer of the Warranty, as permitted by the Warranty Provider, does not extend the original Warranty. The Warranty Period remains calculated from the Activation Date of the Covered Product(s).

For avoidance of doubts: The Warranty Provider may disagree the transfer of the Warranty at its sole discretion. The disagreement is in particular justified when the transfer enlarges the Warranty, for example local enlargement. The Warranty partner of Warranty Provider is in any case, even in case of transfer, the Covered Owner.

 

Additional Rights

The Warranty conferred by the Warranty Provider under this Limited Warranty is in addition to, and not in lieu of, any rights and remedies available to the Covered Owner under any applicable consumer protection laws and regulations of France (Federal Republic of France). Nothing in this Limited Warranty shall exclude or limit the Covered Owner's statutory rights or remedies that cannot be excluded or limited under applicable law. However, the Warranty is covered by the Limits of Liability below and subsidiarily by the limitations of the T&Cs.

The Covered Owner acknowledges that the Warranty does not affect their rights under such consumer protection laws and regulations, which may provide for additional warranties or remedies beyond those provided by the Warranty Provider.

 

Continuous Connectivity Requirement

This Warranty is conditional upon the Covered Product(s) being continuously connected to the internet throughout the Warranty Period. This continuous connectivity is required to enable the Warranty Provider to perform remote diagnostics and to deliver firmware updates essential for the optimal operation and security of the Covered Product(s). Failure to maintain continuous internet connectivity may result in the Warranty being voided, at the discretion of the Warranty Provider.

The Covered Owner is responsible for ensuring that the Covered Product(s) is connected to the internet and for any costs associated with this connectivity. The Warranty Provider shall not be liable for any loss, damage, or alteration of functionality resulting from the Covered Owner's failure to comply with this requirement.

 

Warranty Service

This Warranty Service clause outlines the procedure for the Covered Owner to obtain service under the Warranty, including options for repair, replacement with a new Covered Product and/or the technical successor of the Covered Product, or refund, subject to the terms and conditions set forth herein.

In the event that a Covered Product(s) fails to conform to the Warranty during the Warranty Period, the Covered Owner must notify the Warranty Provider promptly to initiate a warranty service request. The following steps shall be taken:

1. The Covered Owner must provide proof of purchase , describe the defect and, if requested, the Activation Date of the Covered Product(s) to the Warranty Provider.
2. The Warranty Provider will then assess the claim and, if necessary, provide instructions for the return of the Covered Product(s) to an authorized service location.
3. the Warranty Provider will, at its discretion, either repair, replace, or refund the purchase price of the Covered Product(s) that fails to conform to the Warranty. Any repaired or replacement product will be warranted for the remainder of the original Warranty Period or six (6) months, whichever is longer.

Repairs or replacements will be made at limited charge to the Covered Owner for parts or labor, the Covered Owner can benefits from “Reimbursement fee”, but not above. So please refer to the reimbursement Fee document provided by ATMOCE on the purchase date of the Covered Product.

4. The Warranty does not cover damage resulting from abuse, misuse, unauthorized modifications, or other exclusions specified in the product documentation.

This Warranty Service does not affect the statutory rights of the Covered Owner under applicable, mandatory  national laws in force, nor the rights of the Covered Owner against the seller arising from their sales/purchase contract.

 

Warranty Exclusions

This Warranty does not apply to any damage or malfunction resulting from:

1. Normal wear and tear of the Covered Product(s).
2. Improper or unauthorized repair, maintenance, installation, or modification of the Covered Product(s).
3. Use of the Covered Product(s) in a manner for which it was not designed or intended by the Warranty Provider.
4. External causes such as accidents, abuse, misuse, or natural disasters including but not limited to fire, earthquake, flood, and lightning.
5. Failure to maintain Continuous Connectivity of the Covered Product(s), unless otherwise specified by the Warranty Provider.
6. Use of parts, components, or accessories not approved or provided by the Warranty Provider.
7. Damage or malfunction caused by software, viruses, or other software-related issues not originating from the Covered Product(s).
8. Failure to follow the operating instructions provided with the Covered Product(s) or failure to perform preventive maintenance.
9. Products with altered or missing serial numbers.
10. Damage or loss of data due to interoperability with current and/or future versions of operating system, software, or hardware.
11. Damage resulting from the use of the Covered Product(s) outside the geographical limits of Europe, unless otherwise specified by the Warranty Provider.

This list of exclusions is not exhaustive, and the Warranty Provider reserves the right to refuse Warranty service under circumstances not listed here, at its sole discretion.

 

Procedure to Obtain Service

To initiate a warranty service claim under the Warranty, the Covered Owner must comply with the following procedure:

1. Contact the WarrantyProvider's customer service department to notify them of the issue with the Covered Product(s). Provide a detailed description of the problem and the Activation Date of the Covered Product(s).
2. Upon receipt of a warranty service request, the Warranty Providerwill provide the Covered Owner with a Return Merchandise Authorization (RMA) number, if the Covered Product is confirmed as defective after analysis of Warranty Provider technical teams. This number must be clearly marked on the outside of the package in which the Covered Product(s) will be returned.
3. The Warranty Providerwill send the repaired or replaced Covered Product(s) to the Covered Owner at the Warranty Provider's expense, unless otherwise specified in the Warranty.
4. The Covered Product(s)must be properly packaged to prevent damage during shipping.

The Covered Owner must ensure that the Covered Product(s) maintains Continuous Connectivity (if applicable) as required by the Warranty. Failure to do so may result in the voiding of the Warranty.

 

Transfer of Warranty

This Warranty is provided to the Covered Owner and is non-transferable except under the conditions set forth herein. The Warranty may be transferred to a new owner of the Covered Product(s) only if the following conditions are met:

1. The transfer occurs within the original Warranty Period;
2. The Covered Product(s) remains within the jurisdiction of Europe;
3. The new owner is reliable and agrees to all terms and conditions of the Warranty, including but not limited to the requirement for Continuous Connectivity;
4. The Warranty Provider is notified in writing of the transfer within Three (3) month of the transfer date, including the new owner's name, contact information, and the date of transfer; and
5. A transfer fee, as determined by the Warranty Provider at the time of transfer, is paid by the new owner if judged necessary by the Warranty Provider.

The Warranty Provider reserves the right to reject any transfer of Warranty if these conditions are not met or if the Warranty Provider, at its sole discretion, determines that the transfer would adversely affect the Warranty Provider or the integrity of the Warranty.

Upon successful transfer of the Warranty, the new owner will be considered the Covered Owner for the remainder of the Warranty Period. The Activation Date for the Covered Product(s) remains unchanged, and the Warranty Period will not be extended as a result of the transfer.

 

Limitation of Liability

Notwithstanding any other provision in this Limited Warranty or any applicable law or regulation, the liability of the Warranty Provider under this Warranty shall be limited as follows:

• The Warranty Provider shall not be liable for any indirect, special, incidental, or consequential damages, including but not limited to loss of profits or feed in tariffs, revenue, data, or use, incurred by the Covered Owner or any third party, whether in an action in contract or tort or based on a warranty, even if the Warranty Provider has been advised of the possibility of such damages.
• The Warranty Provider's total liability under this Warranty for damages shall not exceed the purchase price of the Covered Product(s).
• The Warranty Provider shall not be liable for any damages or losses that result from the failure of the Covered Owner to follow the Warranty Provider's instructions regarding the use and maintenance of the Covered Product(s), or from the Covered Owner's failure to maintain Continuous Connectivity of the Covered Product(s) throughout the Warranty Period.
• Any claim under this Warranty must be made by the Covered Owner within the Warranty Period, and failure to do so shall constitute an unconditional waiver of any and all claims related to the Covered Product(s).

This limitation of liability shall apply to the fullest extent permitted by the laws of France and shall survive the termination or expiration of this Warranty.

 

Governing Law and Jurisdiction

This Warranty and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of France.

Each party irrevocably agrees that the courts of France shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Warranty or its subject matter or formation. 

 

Severability

If any provision of this Warranty, or the application thereof to any person or circumstance, is held invalid, illegal, or unenforceable to any extent for any reason by any court of competent jurisdiction, such provision shall be deemed severable and the invalidity, illegality, or unenforceability thereof shall not affect the validity, legality, and enforceability of the remaining provisions of this Warranty which shall continue in full force and effect. To the extent permitted by law, the parties hereby agree to substitute for any invalid, illegal, or unenforceable provision a valid, legal, and enforceable provision that most closely approximates the intent and economic effect of the invalid, illegal, or unenforceable provision.

 

Consumer Protection Rights

This Warranty does not affect any statutory rights that the Covered Owner may have under applicable local consumer protection laws. The rights provided under this Warranty are in addition to, and not in lieu of, any rights the Covered Owner has at law, including those relating to non- conforming goods. Depending on the jurisdiction of France, the consumer may be entitled to certain remedies including repair, replacement, or refund for major failures, and compensation for any other reasonably foreseeable loss or damage.

 

The Covered Owner is advised to consult the relevant consumer protection authorities or seek legal advice to understand their rights under the local consumer protection laws of France. This Warranty is intended to comply with such laws and shall be amended as necessary to conform to the minimum requirements of such laws.

 

Contact Information

For any inquiries related to the Warranty, the Covered Owner may contact the Warranty Provider using the following details:

• Email:support@atmoce.com
• Phone:+33 1 89 71 73 67
• PostalAddress: ATMOCE France 4 rue de la république, 69001 Lyon

Communication regarding the Warranty should include the Covered Owner's full name, contact information, and the serial number of the Covered Product(s) to ensure prompt and accurate assistance.