GENIUS Panel Limited Warranty North America
Effective Date: June 1, 2022
GENIUS Panel Limited Warranty
WHAT PRODUCTS ARE COVERED
To be entitled to the benefits of this limited warranty (this “Limited Warranty”), your GENIUS Panel must: (1) be purchased from GENIUS or a GENIUS authorized reseller; (2) be installed by a GENIUS Authorized Installer in the United States of America, Puerto Rico or Canada; and (3) have the following part numbers: CESNA10-xx or KSINA10-xx or GQNA10-xx where “xx” is any alphanumeric style code used for GENIUS internal reference. As used herein, the term “GENIUS Authorized Installer” means a person or entity in the business of installing electrical equipment (such as solar photovoltaic or energy storage systems), has an electrical license as required by all applicable laws, rules, regulations and ordinance of local governmental authorities having jurisdiction over the original address of installation (the “Original Address”), has completed GENIUS-approved training, and meets and maintains GENIUS Authorized Installer program requirements.
WHO CAN MAKE A CLAIM
Limited Warranty claims can only be made by or on the behalf of the original purchaser who purchased the GENIUS Panel or other subsequent transferee of the GENIUS Panel at the Original Address who provides proof of ownership of such GENIUS Panel.
WHAT IS COVERED AND FOR HOW LONG
Subject to the terms and conditions set forth in this Limited Warranty, each GENIUS Panel shall be free from defects in materials and manufacturing workmanship for a period of ten (10) years commencing on the day that the GENIUS Panel is installed at the Original Address (the “Warranty Term”). The Warranty Term is not extended if your GENIUS Panel is repaired or replaced under this Limited Warranty; only the remainder of the original Warranty Term will apply to the repaired or replacement GENIUS Panel.
YOUR SOLE REMEDY
If GENIUSQ confirms the existence of a defect that is covered by this Limited Warranty, GENIUSQ will, in its sole discretion, either repair your GENIUS Panel (using new or refurbished parts), replace your GENIUS Panel with an equivalent product (new or refurbished), or refund you the market price of the GENIUS Panel at the time of the warranty claim. For warranty replacements, GENIUS will cover the actual costs of labor and dispatch of service personnel to complete the replacement, up to a maximum amount of $500.
Making a Warranty Claim
If you need to file a claim under this Limited Warranty, please contact the GENIUSQ Authorized Installer who installed your GENIUS Panel. If you are unable to contact your GENIUS Authorized Installer, please submit a service request by contacting GENIUSQ Support using the contact information set forth at the end of this document.
For a Limited Warranty claim to be processed, it must include (i) proof of ownership of your GENIUS Panel; (ii) a description of the alleged defect(s); and (iii) your GENIUS Panel’s original installation date, part number and serial number.
Prior to returning any products, you must obtain a return authorization number from GENIUSQ. Return shipping for the original product is the responsibility of the end user or GENIUS Authorized Installer, and all returned products must be securely wrapped and packaged as directed or instructed by GENIUS to avoid shipping damage.
DISCLAIMER OF WARRANTIES
THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY GENIUS PROVIDES FOR THE GENIUS PANEL, AND THE ABOVE REMEDY IS YOUR SOLE REMEDY. GENIUSQ LIMITS THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR SUFFICIENCY FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE DURATION OF THIS EXPRESS WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GENIUSQ SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE. GENIUSQ DOES NOT WARRANT THAT THE GENIUS PANEL WILL OPERATE UNINTERRUPTED, BE ERROR-FREE OR THAT ALL ERRORS CAN BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE GENIUSQ AUTHORIZED INSTALLER OR ANY GENIUS PERSONNEL SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
GENERAL EXCLUSIONS
This Limited Warranty does not apply to any defect or loss of product functionality resulting from any of the following: (i) abuse, misuse, improper handling, negligence, rust, or corrosion; (ii) accidents or force majeure events, including without limitation lightning, flood, earthquake, fire or other events beyond the reasonable control of GENIUSQ; (iii) installation, commissioning, or repair of your GENIUS Panel or GENIUS Panel components that is performed by anyone other than GENIUS or a GENIUS Authorized Installer; (iv) failure to service, maintain, or repair the electrical system connected to or landed in your GENIUS Panel according to the laws, standards, or requirements of the authority having jurisdiction; (v) failure to install, operate, service, maintain, or repair your GENIUS Panel in accordance with the GENIUS Panel Owner’s Manual, GENIUS Panel Installation Manual, GENIUS Panel Datasheet, and any other instructions, documentation, or notices provided or made available by GENIUS, including through the GENIUS Tech Portal (available at techportal.GENIUS.io) or on the GENIUS Panel itself (collectively, the “Documentation”); (vi) installation of your GENIUS Panel other than in accordance with all applicable local electrical, fire, and building codes and regulations; (vii) any attempt to modify or modification of your GENIUS Panel, whether by physical means, programming or otherwise, without the express written consent of GENIUSQ; (viii) removal and reinstallation of your GENIUS Panel at a location other than the Original Address without the express written consent of GENIUSQ; (ix) installation of your GENIUS Panel on a mobile structure or dwelling such as an RV or mobile home; (x) failure of any remote firmware update to the GENIUS Panel as a result of a failure of your internet connection; (xi) causes external to your GENIUS Panel including without limitation objects striking your GENIUS Panel, faulty or damaged electrical wiring or connections, external electrical faults, circuit breakers or junction boxes; (xii) any damage done to your GENIUS Panel by any components or parts not compatible with your GENIUS Panel; (xiii) failure to contact GENIUS upon discovery of a defect covered by this Limited Warranty; or (xiv) use of your GENIUS Panel for commercial purposes.
Without limiting the foregoing, this Limited Warranty does not cover (a) normal wear and tear of your GENIUS Panel; (b) superficial defects, dents or marks that do not impact the performance of your GENIUS Panel; or (c) theft of your GENIUS Panel or any of its components.
If a claim is made under this Limited Warranty and GENIUSQ or a GENIUS Authorized Installer determines that the claim is not covered by this Limited Warranty, you will be liable for and shall pay for all field charges for labor or other expenses incurred in connection with such claim.
EXCLUSION FOR FAILURE TO CONNECT TO THE INTERNET OR FAILURE TO COMMISSION YOUR GENIUS PANEL
In order to provide this Limited Warranty for the Warranty Term, GENIUSQ requires the ability to remotely update the firmware of your GENIUS Panel. Installation of these remote updates may briefly interrupt the operation of your GENIUS Panel. By installing your GENIUS Panel and connecting it to the internet, you consent to GENIUS updating your GENIUS Panel remotely on occasion without further notice to you. If your GENIUS Panel is not connected to the internet for an extended period or has not been commissioned with GENIUS in accordance with the Documentation, including the creation of your account in the GENIUS app, then we may not be able to provide important remote firmware updates to ensure best functionality. GENIUS may try to notify you when your GENIUS Panel’s internet connection is lost. However, if you have not registered your GENIUS Panel or created an account as aforesaid, this may not be possible. If GENIUSQ cannot honor this Limited Warranty for the Warranty Term because the GENIUS Panel is not connected to the internet for an extended period, has not been commissioned with GENIUSQ, or has not had a homeowner account created for it in the GENIUS app, then we will still honor this Limited Warranty for a period of four (4) years commencing on the day that the GENIUS Panel is installed to the Original Address, subject to the limitations and exclusions set out in this Limited Warranty.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GENIUS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY, INCLUDING, BUT NOT LIMITED TO, LOSS OF VEHICLE VALUE, LOSS OF TIME, LOSS OF INCOME, LOSS OF USE, LOSS OF PERSONAL OR COMMERCIAL PROPERTY, REGARDLESS OF WHETHER CLAIMS FOR SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OR OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. GENIUS’S LIABILITY ARISING OUT OF A CLAIM UNDER THIS LIMITED WARRANTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR GENIUS PANEL (EXCLUDING LABOR AND OTHER COSTS OF INSTALLATION).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF USE
YOUR GENIUS PANEL IS NOT INTENDED FOR USE WITH LIFE-SUPPORT SYSTEMS, OTHER MEDICAL EQUIPMENT, OR ANY OTHER USE WHERE PRODUCT FAILURE OR REMOTE SWITCHING OF ELECTRICAL CIRCUITS COULD LEAD TO INJURY TO PERSONS OR LOSS OF LIFE. GENIUSQ DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF ANY SUCH USE OF YOUR GENIUS PANEL.
APPLICABLE LAW
This warranty gives you specific legal rights, and you may also have other rights which vary from State to State or Province to Province. The terms of this Limited Warranty will apply to the extent permitted by applicable law.
GENIUS Contact Details
If you have any questions regarding this Limited Warranty or would like to submit a claim, please contact our customer support team using one of the following methods:
- GENIUS Support website: support.kobensystems.com
- GENIUS Support email: support@kobensystes.com
- GENIUS address: ATTN: Koben Systems Inc. Warranty Claims, 2085 Amherst Heights Drive, Unit 613, Burlington, Ontario L7P 5C2