Version 1.3

Updated Jan-06-2025

‍

POSH (‘’Seller”) warrants that, during the Warranty Period (see definition below), the Products supplied hereunder shall be free from defects in material and workmanship and meet the  Specifications subject to the terms and conditions below (“Warranty”). The Warranty only applies to the Buyer who has purchased the Products from the Seller or an authorized party of the Seller for use in accordance with their intended purpose. The warranty may be transferred from the Buyer to an assignee and will remain in effect for the period remaining under the foregoing warranties, provided that the assignee adheres to the terms and conditions explained in this warranty letter and that the  Seller is notified in writing. 

‍

1. Battery Systems – The Seller purchases parts and subsystems from multiple component suppliers to build up its Products. These component suppliers may include but are not limited to modules and battery management system (“BMS”) suppliers, enclosure and container suppliers, rack suppliers, and fire protection system suppliers. The Seller is responsible for managing the warranties involved with these subsystems. Subject to the terms and conditions of this Warranty, part supplier and sub-system warranties will not be transferred to you (“Buyer”), as the entire system is warranted under this Warranty Letter. Seller will not take any actions to void part supplier and sub-systems warranties that may be transferable to Buyer should Seller cease operations. 

‍

2. Operating Conditions - Specific operating conditions and limitations are described in the  Specifications. These operating conditions are requirements by the Seller, and any operation of the  Product outside the conditions listed in the Specifications voids the Warranty. Specific conditions important to the Product's operation include but are not limited to storage and operating temperature, maximum charge and discharge rate, and state of charge operation. Seller may modify the specifications of goods designed by Seller, provided that the modifications do not adversely affect the performance of the goods. It is the responsibility of the Buyer to maintain records and operational data that must be presented to the Seller upon a Warranty claim, demonstrating that the Product has been operated within its specified operating conditions.  

‍

3. Warranty Period –The Seller warrants the Product, if operated within the operating conditions listed in the Specification for an agreed-upon period specified in the contract. Within the Warranty Period, if the Products are determined by the Seller to not conform with the Specifications in any material respect due to the fault of the Seller, The Seller agrees, at its option, to either repair the Product using new or refurbished parts or replace the Product with a new or refurbished Product.  

‍

4. Cycle Life / Throughput - In addition to operating the Product within the operating conditions, the Warranty also has cycle life and/or throughput limits. Once the Product exceeds the number of cycles shown in this Warranty Letter, the Warranty is void. The cycle life for this Product is limited to 6000 cycles.

‍

5. Degradation – If operated according to the conditions described in the Specifications and this Warranty Letter, the Product shall not degrade past [60] % of its original capacity as by the end of the warranty period. 

‍

6. Filing Procedures – If a Warranty claim needs to be filed, please reach out to the following  contact: 

POSH Warranty Service Technician 

Email Address: support@poshenergy.com 

Phone Number: 415-799-1120 

If a response is not given within [24] hours of contact, please contact your sales account manager, who will direct you to the proper warranty specialist.  

‍

7. Right To Cure – If the Product falls below its performance Specifications or otherwise fails to meet the requirements listed in the Specifications, then the Seller has the right to remedy the problem by either repairing the Product or replacing the Product. Repair or replacement of any  Product under warranty shall not serve to extend the original warranty period. 

‍

8. This warranty is in lieu of all other warranties expressed or implied, including but not limited to the implied warranties of merchantability and fitness of a particular purpose and for all other obligations or liability on the Seller’s part. The Seller neither assumes nor authorizes any other person to assume for sell any other liability in connection with the sale of said products.  

‍

9. Tampering – If the Product purchased by the Buyer is in any way tampered with, the  Warranty is void. The battery modules may not be opened, and the BMS may not be reprogrammed without prior approval by the Seller. The Warranty is also void as to Products and/or any products manufactured or integrated by Buyer which contain the Products which the Seller determines to have been subjected to abuse, mishandling, misuse, negligence, accident or faulty repair of the  Products by Buyer or any third party (other than those explicitly approved by the Seller) after receipt of the Products by the Buyer. 

‍

10. Force majeure– The Warranty does not apply in the event of any inevitable or unpredictable event beyond the control of the Seller causing any failure in the use, operation, or meeting the  Specifications of the Products so delivered to the Buyer.  

‍

11. After the Warranty Period, the Seller may choose to repair and replace any defective  Products for reasonable prices, which shall be mutually agreed upon by the Buyer and the Seller in writing. 

‍

12. The Seller may provide technical, applications, or design advice, quality or characterization,  reliability data, or service in connection with the Buyer’s order. Providing these items shall not expand or otherwise affect the Seller’s warranty of warranty liability set forth above, and no obligation or liability shall arise from the Seller’s provision of such items.  

‍

13. Limitation of Damages: In no event shall the Seller be liable to the Buyer or any third party for lost profits, or loss of use, or for incidental, consequential, or special damages arising out of or related to the purchase, installation, use, or performance of the Seller’s product(s) or any default of the Seller under the Seller’s terms and conditions of sale.