A123Systems Hymotion™ L5 Plug-in Conversion Module Limited Parts and Labor Product Warranty
A123Systems, Inc. (“A123”) warrants that if the L5 Plug-in Conversion Module (“Product”) installed in your vehicle proves to be defective in material or workmanship within three (3) years from the date of installation (“Warranty Period”) by A123 or an A123 Certified Hymotion Installation Partner (“Green CHIP Dealer”) we (or Green CHIP Dealer) will, at our option, either replace the defective Product or component thereof, or provide without charge the labor and parts necessary to remedy any such defect.
A123Systems’ only responsibility under this warranty is to replace or repair the Product and under no circumstances shall A123’s or its Green CHIP Dealer’s cumulative liability under this warranty exceed the price paid by you for the Product, except as outlined in Paragraph 2 below (Interaction with Prius Factory Limited Parts and Labor Warranty).
PLEASE REGISTER YOUR PRODUCT THROUGH YOUR GREEN CHIP DEALER AT THE TIME OF INSTALLATION. TO OBTAIN WARRANTY SERVICE YOU MUST PRESENT YOUR VEHICLE AND PROOF OF PURCHASE TO A GREEN CHIP DEALER AT THE TIME OF SERVICE DURING THE WARRANTY PERIOD.
Conditions, Limitation and Exclusions
If you make a warranty claim to A123Systems, A123 (or its authorized representative) reserves the right to inspect your Product before repairing or replacing your Product directly or through Green CHIP Dealer. If upon inspection of your Product no defect in material or workmanship is found, then you may be assessed a labor charge for the diagnostic work. A123 or the Green CHIP Dealer in its sole discretion will determine whether your Product has a defect in material or workmanship.
This warranty does not cover any Product that is installed, removed, serviced or modified by anyone other than A123 or a Green CHIP Dealer. This warranty is void if (a) the Product’s date code or serial number is defaced, missing or altered; (b) the Product has been damaged by or the claim results from accident, misuse, improper charging, neglect, or improper service, (c) the Product has been modified or used in a manner contrary to its intended purpose or as provided in the user manual, or (d) the Product has been opened by any unauthorized person including the purchaser. This warranty does not cover damages that result from abuse, accidents, or fire, flood or other acts of God. Removal, installation transportation, labor, inconvenience, damage or other components, personal damage or injury and/or any injury or liability to other persons or property are specifically excluded from this limited warranty.
Interaction With Prius Factory Limited Parts and Labor Warranty
A123 warrants that if, as a direct or indirect result of the Product, Toyota Motor Sales, USA., Inc (“Toyota”) voids a warranty claim on your Prius under their express warranty (“Toyota Express Warranty”) which, but for the demonstrable installation of Product by A123 or a Green CHIP Dealer and the interaction of the Product with your Prius, would not have resulted in the warranty claim, A123 at its sole option shall either (a) reimburse you for the actual cost of the parts and labor for the repair which would have otherwise been covered by the Toyota Express Warranty or (2) reimburse our Green CHIP Dealer (provided such Green CHIP Dealer is also an authorized Toyota dealer) for the actual cost of the parts and labor for the repair which would have otherwise been covered by the Toyota Express Warranty, provided however, that prior to initiating the repair services you receive pre-authorization from A123 for any repair. A123 shall not be responsible for any parts and labor costs which (a) did not receive the required pre-authorization or (b) arise from a Toyota Express Warranty that is voided for reasons other than those set forth above.
To receive warranty service for your Prius you must present your vehicle to any authorized Toyota dealer in accordance with the terms of the Prius warranty. Should you require pre-authorization approval from A123 for Prius warranty service, please contact A123 Hymotion Customer Service.
General Provisions
The following provisions apply to the limited warranties set forth in section 1 and 2 above.
This warranty applies only to your Product installed in your original Prius. This warranty cannot be transferred to your Product installed in another vehicle and is void if the Product is removed from your vehicle without authorization from A123. If you are the original purchaser of the Product, you may transfer this warranty to a new owner of the vehicle in which the Product was originally installed, provided the new owner contacts A123 during the Warranty Period in order to register the Product. Under no circumstances shall such transfer extend the duration of the Warranty Period.
Your Product is the first generation of commercially available new technology and may be modified or improved over time in subsequent versions of the Product. A123 reserves the right to make changes to future versions of the Product without assuming any obligation to make such changes on your previously installed or manufactured Product. Your Product has been engineered and tested by A123 during product development to operate effectively and without detrimental effect to your Prius. A123 does not anticipate detrimental interaction with your Prius or other defects in the Product. However, as A123 gains additional field experience with the Product, if A123 determines that there is a systematic defect in the Product, A123 may initiate a voluntary Product recall. In the event of a voluntary Product recall, A123 will reimburse you the price you paid for your Product amortized over the Warranty Period and will ensure that your Prius is returned to its original state at the time of purchase at no additional cost to you. The remedies set forth in this paragraph are your sole and exclusive remedy in the event of a voluntary recall. In the event you choose not to participate in a voluntary recall, to the extent permitted by law, the express warranties set forth in Section 1 and 2 above shall be void.
Except as expressly set forth above, no other warranties are expressed or implied, including but not limited to, any implied warranties of merchantability or fitness for a particular purpose, and A123 expressly disclaims all warranties not expressly stated herein.
the duration of any implied warranty including the implied warranties of merchantability or fitness for a particular purpose shall be limited to the duration of the applicable express warranty set forth above. in the event that a product proves to be defective in material or workmanship within the warranty period, your sole and exclusive remedy shall be repair or replacement as provided herein. in no event shall a123 systems be liable for any loss or damages whether direct, incidental, consequential or otherwise resulting from a breach of any express or implied warranties or from the use or operation of the product, except as expressly set forth herein.
This warranty gives you specific legal rights and you may also have other rights that vary from state to state. Some states do not allow the exclusion or limitation of incidental or consequential damages, or do not allow disclaimers of implied warranties or limitation on the duration of implied warranties, so the above limitations and exclusions may not apply to you.