This Limited Warranty applies to BYD Battery-Box Premium Product |
BYD HVL Batteries Include a 10 Year Warranty!
(Models：HVL 12.0, 16.0, 20.0, 24.0, 28.0 and 32.0) (“Product”) installed in USA and Canada on or after Dec. 1st, 2021. BYD Energy LLC (“BYD”) provides the warranties in this document (“Limited Warranty”) to the person who purchases the Product for their use and puts the Product into operation for the first time ("Original Buyer").
1. LIMITED WARRANTY
1.1. Warranty Start Date
Generally, the Warranty Start Date is the first day after six (6) months from the Production Date of the Product (Refer to the Appendix of this Limited Warranty to find out the Production Date). But if the Original Buyer can provide the written documents (such as receiving note) to prove the time when the Product is delivered to the installation site where the Product is installed and operated for the first time (“Delivery Date”), the Original Buyer can choose the first day after thirty (30) days from the above Delivery Date as Warranty Start Date.
1.2. Limited Product Warranty
BYD warrants that the Product will be free from defects in materials or workmanship for
ten (10) years from Warranty Start Date, subject to the exclusions and limitations set out
1.3. Limited Performance Warranty
a) BYD warrants that the Product will:
(i) retain seventy per cent (70%) of its Usable
Energy for ten (10) years from the Warranty Start Date; or
(ii) reach the Minimum Throughput Energy, whichever comes first, on the condition that the Product is operated in a normal manner that adheres to the manual guidelines provided by BYD.
b) The Minimum Throughput Energy means the total output energy of the Product
recorded in the control module of the Product.
c) The Usable Energy and Minimum Throughput Energy for each Product Model are set
out in the table below.
||Usable Energy (kWh)
||Minimum Throughput (MWh)
d) For this Limited Warranty, the remaining Usable Energy is as measured and calculated using the following testing method and values, while the ambient temperature is between 25~ 28°C.
- Discharge the battery with constant current until the battery reaches End of Discharge Voltage ("EODV") or its self-protective voltage.
- Wait for 10 minutes.
- Charge the battery with constant current and constant charge voltage to its full capacity.
- Wait for 10 minutes.
- Discharge the battery with constant current until it reaches EODV or its self-protective voltage. Record the current, voltage, and time.
- The remaining Usable Energy is the integral of discharge time and current
multiplied by voltage.
|End of discharge
1.4. Limited Performance Warranty for additional battery modules
If Original Buyer purchases additional battery modules after the initial installation of the
Product (“Subsequent Product”), the warranty in clause 1.3 applies to the Subsequent
Product from the sale date recorded in the seller's invoice to the Original Buyer of that
1.5. Warranty Limitations
The Limited Warranties in clauses 1.2 and 1.3 are subject to and must be read together
with the limitations, exclusions, and limitations set out below.
2. EXCLUSIONS AND LIMITATIONS
a) To the extent permitted by law, the warranties in this Limited Warranty are the only
express warranty given for the Product. BYD disclaims all statutory and implied
warranties, including without limitation, any warranties of merchantability, fitness for a
particular purpose, or non-infringement. To the extent permitted by law, in so far as
such warranties cannot be disclaimed, BYD limits the duration and remedies of such
warranties to the duration of this Limited Warranty and, at BYD's option, the repair or
replacement services described below.
b) Neither seller of the Product nor any other person is authorized to make any warranties on behalf of BYD other than those contained in this document or to extend the duration of the warranties beyond the periods specified above. 4 / 11
BYD Battery-Box Premium HVL Limited Warranty-US and Canada V1.1
2.2. Limitation of Liability
Except as provided in this warranty and to the maximum extent permitted by law, in no
event will BYD be liable for any consequential, incidental, cover, special or punitive
damages (including without limitation of loss of profits, harm to goodwill or business
reputation or opportunity, or delay damages) arising from or out of the Product or its
installation, use, performance or non-performance, or any defect or breach of warranty,
whether based on contract, warranty, negligence, strict liability, or any other theory.
BYD’s aggregate liabilities, however caused and if any, in damages or otherwise, shall
not exceed the purchase price actually paid by the Original Buyer for the Product less
2.3. Warranty Limitations
The Limited Warranty in clauses 1.2 and 1.3 does not apply to any defect or deterioration resulting from:
a) the Product not being installed, maintained or operated by the Operating Manual;
b) exposure of the Product to movement or shaking following installation, or temperatures of greater than 50°C or less than -10°C;
c) Original Buyer failing to notify BYD or a BYD Authorized Service Partner (“BYD
Partner”) of the defect or deterioration within 30 days of Original Buyer becoming
aware of the defect or deterioration;
d) the Product not being installed within one (1) month from Warranty Start Date;
e) operation of the Product with an inverter that is not a BYD certified inverter which are
specified in the BYD Battery-Box Premium HVL Compatible Inverter List, which is
available on the websites: ww.bydbatterybox.com;
f) modification or repair of the Product without the approval of BYD or BYD Partner;
g) a force majeure event -- e.g., inter alia, natural catastrophes (such as flooding, fires,
earthquakes, lightning, extreme weather, rampant outbreak of disease or illness and all
other like-kind occurrences), disaster, crime, terrorism, piracy, war, sedition, rioting,
shortages, labor strikes, extreme price fluctuations of necessary goods or services,
changes in law or regulation, and governmental acts or omissions, etc.); 5 / 11
BYD Battery-Box Premium HVL Limited Warranty-US and Canada V1.1
h) noticeable damage to the Product that occurred during transportation;
i) changes to national or regional laws, regulations or directives; or
j) the Product not being operated for any period of 6 months or more.
2.4. Warranty Exclusions
The Limited Warranty in clauses 1.2 and 1.3 does not apply:
a) if the Product was not purchased in USA or Canada;
b) if Original Buyer does not grant BYD or BYD Partner access to the performance data
of the Product over the internet upon request after reporting the warranty claim or
manipulate such data;
c) to wear and tear in the appearance of the Product (including but not limited to any
scratches, stains, mechanical wear, rust or mould) which does not impair its function;
d) to any damage to property or personal injury arising from any defect if the state of
scientific and technical knowledge at the time when the Product is sold to Original
Buyer was not such as to enable the defect to be discovered;
e) if the invoice for the Product and the information listed in clause 4 below is not
provided with the warranty claim; or
f) if the serial number on the Product can no longer be identified or has been modified.
3. REMEDY FOR BREACH OF WARRANTY
3.1. Subject to the exclusions and limitations set out above, if the Product fails to comply with the Limited Warranty in clauses 1.2 or 1.3, BYD will repair or replace the non-conforming Product or parts thereof within the warranty term at no charge (or provide a partial refund) on the following conditions.
3.2. Whether to repair or replace the Product will be determined by BYD in its sole discretion.
3.3. The Product or any of its parts to be replaced will have the same performance and
reliability as the original Product. If the production of the relevant type of the Product or any of its parts has been discontinued, withdrawn from the market, or are otherwise
unavailable, BYD may replace the Product or parts with a similar Product or part (which
6 / 11 BYD Battery-Box Premium HVL Limited Warranty-US and Canada V1.1
may include previously used parts that are equivalent to new in performance and
3.4. If BYD does not repair or replace the defective Product or parts, BYD will refund Original Buyer an amount of money calculated as follows:
a) If the Product fails to comply with the Limited Performance Warranty in clause 1.3,
BYD may calculate the refund using one of the two refund formulas below:
i) Refund = maximum claim amount* x (warranted Minimum Throughput Energy -
output energy of the Product recorded in the control module of the Product)/
warranted Minimum Throughput Energy; or
ii) Refund = maximum claim amount* x (warranted remaining Useable Energy -
remaining Useable Energy)/ warranted Usable Energy; and
b) If the Product cannot be operated, BYD will calculate the refund as follows:
Refund = (maximum claim amount*/120) x (120 - number of months since
Warranty Start Date).
*The maximum claim amount is the market value of the Product (or an equivalent
product) determined by BYD if it were purchased new and free of defects.
3.5. The remedies as set out above are the sole and exclusive obligations of BYD to the Original Buyer under this Limited Warranty, and BYD will have no other liability to Original Buyer if the Product fails to comply with the Limited Warranty.
4.1. If Original Buyer wishes to make a warranty claim under this Limited Warranty, the
warranty claim must be reported in writing to BYD Partner (or, if Original Buyer is unable to contact them, BYD Global Service) including the information specified in the table.
||e.g., HVL XX (X modules)
||Serial Number of the Product*
||Serial Number of Modules
||Serial Number of BCU
||Firmware Version BMS /BMU
||Serial Number of the Inverter
||Firmware Version of Inverter
||e.g., On-Grid +Backup
||Street and Number
||Postcode and City
* mandatory to provide
BYD Global Service
- Address: No.3009, BYD Road, Pingshan, Shenzhen, 518118, P.R.China
- Service Mailbox: firstname.lastname@example.org
- Telephone: +86 755 89888888- 47175 (CN)
- Website: www.bydbatterybox.com
BYD US Service
- Service Mailbox: email@example.com
- Telephone: +1(833)338-8721
4.2. BYD or BYD Partner is authorized to invoice its inspection costs if:
a) the inspection of the Product by BYD or BYD Partner shows that the Limited Warranty
does not apply, for whatever reason; or
b) no defects were found during the inspection of the Product, and it works without error.
4.3. Unless otherwise agreed with BYD or BYD Partner, any replaced Product or parts shall be made available for pick up by BYD or BYD Partner within four weeks after the
replacement; otherwise, BYD reserves the right to invoice the replacement component at full market price.
4.4. The replaced Product or parts become the property of BYD.
4.5. The original warranty periods for the Product shall still apply to any repaired or
replacement Product, which means the warranty for the repaired or replaced parts will be the remaining warranty period for the originally purchased Product.
4.6. BYD or BYD Partner shall not be responsible or liable in any way to Original Buyer for any non-performance or delay in BYD's performance of its obligations under this Limited Warranty due to occurrences of force majeure events such as natural disasters, war, riots, strikes, unavailability of suitable or sufficient labour, material, or capacity or any unforeseen event beyond its control.
5. OUT OF WARRANTY
In the event the Product is out of warranty, BYD may (in its discretion) provide certain
after-sales service to Original Buyer, but all the costs and expenses, such as parts,
labour costs, and travel expenses, shall be borne by Original Buyer. To request such
after-sales service Original Buyer must provide sufficient information about any defects to enable BYD Partner to determine whether such defects are capable of repair.
6.1. This Limited Warranty is governed exclusively by the law of the State of Delaware, United States, without regard to its choice of law provisions.
6.2. Any controversy or claim arising out of or relating to this Limited Warranty shall
exclusively be settled by confidential arbitration administered by JAMS in accordance
with its Comprehensive Arbitration Rules and Procedures, and judgment on the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be City of Los Angeles, California. The number of arbitrators shall be one. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator must find the facts specially and state conclusions of law separately. The findings and conclusions shall appear in an opinion or a memorandum of decision filed by the arbitrator. The arbitrator shall not have the power to make errors of law and any award based on an error of law is beyond the power of the arbitrator. The parties agree to arbitrate all disputes arising from this Limited Warranty and each party waives the right to participate in a class action lawsuit against the other party. Prior to commencing arbitration, the parties must first seek to resolve their differences through:
(i) at least one settlement meeting between party principals or their
representatives within thirty (30) days from the date when the dispute arises; and,
(ii) if the meeting does not resolve the parties’ differences, then at least one session of nonbinding mediation thereafter, with the mediator's professional services fee borne equally by the parties. To the maximum extent practicable, the place of the meeting and
mediation shall be City of Los Angeles, California.
6.3. Original Buyer may be entitled to legal rights regarding the sale of goods according to national law. This Limited Warranty does not limit their possible statutory rights or rights arising from the purchase contract.
6.4. If any provision or part of a provision of this Limited Warranty is held or found to be void, invalid or otherwise unenforceable (whether in respect of a particular party or generally), it will be deemed to be severed to the extent that it is void or to the extent of voidability, invalidity or unenforceability, but the remainder of that provision will remain in full force and effect.
6.5. As a condition of making a warranty claim Original Buyer agrees that any dispute on technical facts relating to claims brought under this Limited Warranty may be referred by BYD to expert determination by the then-current Resolution Institute Expert
Determination Rules, except that:
a) the expert must be a reputable testing organization such as TÜV Rheinland, TÜV
SUD, Intertek, UL, CQC or CGC or any other mutually acceptable neutral third-party
testing organization (Expert);
b) the costs of the Expert, including any costs of shipping any Product to the Expert for
testing, are payable by Original Buyer if:
i) Original Buyer does not withdraw Original Buyer claim within 14 days of BYD
notifying Original Buyer that it intends to refer the dispute to an Expert; and
ii) the Expert determines the dispute in favour of BYD. In all other cases, BYD will pay those costs.
The Production Date of the Product could be read from the serial number on the label of the Product as shown in the drawing below. The definition of the serial number regarding the production date are the same for the battery modules and BCU.
In the example drawing below, the “19” underlined means the production year is 2019, “11” means the production month is November, and “18” means the production date is the eighteenth day of that month.