TENKA Power GmbH – EU Limited Product Warranty Terms and Conditions

EU Limited Product Warranty of TENKA Power GmbH (herein after referred to as “TENKA Power").

Warranty on the Product

TENKA Power guarantees that the Product sold to Buyers will have no defects in materials or workmanship resulting in impediments to the power generation of the Products for normal use, conditions and specifications, for its installation, operation and maintenance. The TENKA Power EU Limited Product Warranty is not a guarantee of durability and does not include device availability.

The warranty refers only to the proper operation of the product, so that any changes in color, shape or appearance whatsoever (including, but not limited to, any scratches, stains, mechanical wear, rust, mold, deformation, discoloration or changes in color) do not constitute any defect or flaw in the context of the present Limited Product Warranty. Damage to the Products due to external causes (meaning causes not attributable to the Product itself or its components) is not covered by this EU Limited Product Warranty.

Warrantor

The warrantor is TENKA Power. TENKA Power reserves the right to have the services specified in this TENKA Power EU Limited Product Warranty conducted by TENKA Power authorized partners.

Warranty Eligibility

The persons who are eligible to raise claims under this TENKA Power EU Limited Product Warranty are only (i) buyers that have purchased the devices themselves and have put them into operation for the first time (herein "Initial Operator") and (ii) buyers that have acquired the devices legitimately and with no modifications from the Initial Operator or the Initial Operator’s legal successor(s). The persons eligible under this TENKA Power EU Limited Product Warranty are herein referred to as "warranty claimant". Other persons are not authorized to assert claims against TENKA Power under this TENKA Power EU Limited Product Warranty. However, the warranty claimant may appoint a third party to raise its claims under this TENKA Power EU Limited Product Warranty. Assigning and/or transferring these rights to persons other than a warranty claimant is not permitted.

Covered Products and Warranty Periods

This EU Limited Product Warranty applies to the "Covered Products" listed in the table below. It is only valid for the "Warranty Period" specified in the table below and is subject to the following conditions.

Warranty Period Commencement

The warranty period for all products begins on the date when the device is first commissioned (as per the commissioning report) or on the date of the invoice to the first warranty claimant, whichever is later.

Warranty Specification for TENKA Power Storage (ESS)

Battery Pack Product: TENKA Power Storage Battery Module 2.5KWH-3
Warranty Period: 10 years

Minimum throughput capacity (for 2,5 kWh):

• 6,6 MWh (exclusively for the product installed in Germany, Austria and Switzerland)Availability @EOL (end of life): 80%Warranty extension: Not applicable
• 8,2 MWh (or the product installed in EU countries other than Germany, Austria and Switzerland)Availability @EOL (end of life): 60%Warranty Extension: Not applicable

Notes:

1. For Products installed in Germany, Austria and Switzerland, TENKA Power warrants that the Product will retain 80% of usable energy for either ten (10) years from the date of shipment by TENKA Power or for a minimum throughput of 6,6 MWh from the date of commissioning by the customer (authorized electrician), whichever occurs first. For Products installed in EU countries other than the before mentioned countries, TENKA Power warrants that the Product will retain 60% of the usable energy for either ten (10) years from the date of shipment by TENKA Power or for a minimum throughput of 8,2 MWh from the date of commissioning by the customer (authorized electrician), whichever occurs first.
2. The battery warranty becomes effective when either the warranty period is reached, or the discharge cycle is completed, and the remaining capacity (EOL) meets the specification requirements. The TENKA Power Battery Management Unit is only covered by the warranty period and has no effect on battery performance. The battery pack and the power module each have their own independent warranty.
3. Capacity test conditions: The test is carried out at an ambient temperature of 25°C ±3°C, after full charging to 100% SOC, a rest period of 10 minutes and subsequent discharge of the tested battery module with a set current of 0,2C up to the final discharge voltage. The amount of current released is recorded.
4. To remotely update the latest firmware and ensure battery life, it is strongly recommended to connect the PV system with battery to TENKA Power’s web monitoring and PV management system.
5. Once the battery has been purchased by the customer, installation must be completed within one month. Should the battery fail, this must be reported within one month. Damage to the battery module caused by negligence or prolonged non-charging of the battery is not covered by the warranty.
6. The operation and service life of the battery depend on the operating temperature. Please install the battery at a temperature that is at least equal to the ambient temperature. The recommended operating temperature for the battery is between 15 and 30°C.
7. The product must be installed by qualified and approved personnel or by a TENKA Power authorized partner. Qualified and approved personnel is a trained and skilled electrician or installer.

Standard Warranty Extension Procedure

The warranty period for inverters can be extended up to a certain period at an additional cost to the customer ("Warranty Extension"). To purchase a warranty extension, customers should contact TENKA Power or an authorized seller within the valid warranty period. Details on pricing and terms are available upon request.

Terms and Conditions of the Extended Warranty

Any warranty extension is subject to and complies with the same terms and conditions as the standard warranty period.

Warranty Service

To make a claim under this EU Limited Product Warranty, the Customer must notify TENKA Power of any nonconformity or defect in workmanship or materials in the Covered Products immediately upon discovery of such nonconformity or defect. To do so, contact the TENKA Power Customer Helpdesk (contact details below) and provide the following information:

• A brief description of the nonconformity or deficiency; including, but not limited to, input and output readings
• Serial number (S/N) of the product
• Model type and model number
• Parameters, alarm ID, cause ID and data exported from the product

Additional information may be required, including, but not limited to:

• Photos of the product and installation site
• original date of commissioning
• PV array configuration
• battery manufacturer and battery type
• description of any modifications that have been performed on the product

The assertion of any claim under this EU Limited Product Warranty is conditioned upon the provision of this information.

The terms of the warranty do not extend the warranty period that begins with the delivery of the goods of Tenka Solar to the first buyers. The warranty only applies if the buyer promptly notifies in writing to the appropriate seller or to TENKA Power the defect/s, misbehavior /or degradation/power loss, enclosing evidence of the original invoice or sales receipt indicating the date of delivery, the type of product and the serial number.

TENKA Power Customer Helpdesk can be contacted via

• Phone: +43 6133 40183
• E-Mail: support@tenkapower.com
• Online technical support: tenkapower.com

Customers can find the products user manual and other information on TENKA Power website.

Product Substitute

Upon receipt of a warranty claim, TENKA Power will check whether the claim is covered by the EU Limited Product Warranty. If the claim is not covered, TENKA Power will notify the customer, stating the reasons for the rejection. If the claim is covered, TENKA Power will provide the customer with a replacement product.

In any case, the warranty claimant must accept a replacement device even if it has cosmetic defects that do not affect energy production or safety compliance. TENKA Power will, at its sole discretion, use new and/or equivalent to new devices or parts in the original or the improved design.

If TENKA Power chooses to provide a replacement product, the replacement product will generally be delivered within three to five (3-5) working days (Monday to Friday, excluding public holidays) after the warranty claim is recorded, investigated and confirmed to the location within the European Union specified by the customer. Within fifteen (15) working days of receipt of the replacement Product, the customer must return the defective product to TENKA Power in the original packaging or in the packaging of the replacement product (or otherwise in safe and secure packaging to avoid damage in transit).

TENKA Power reserves the right to charge the customer for the cost of the defective product. By asserting a warranty claim, the customer agrees to bear these costs if:

• A replacement product has been sent to the customer, but the defective product is not returned within the specified period.
• The product is not returned to TENKA Power on time
• A Covered Product has been returned without Return Material Authorization (RMA)
• Upon inspection a returned Covered Product does not match the product described in the warranty claim
• Upon inspection, it is determined that the Covered Product is not covered by this EU Limited Product Warranty, or the EU Limited Product Warranty has been voided as described below.

Payment of the Fee for the Use of the Installer and the Transportation Costs for the Product in the Event of Faults

Notice:

If, during the Warranty Period, a Covered Product is found to have a defect in workmanship or materials or a nonconformity that occurs under normal use, TENKA Power will replace the Covered Product under this EU Limited Product Warranty T&C’s with an equivalent product (either new or refurbished product) in accordance with the following terms and conditions.

These terms also apply to any replacement Product provided by TENKA Power under this EU Limited Product Warranty. A replacement Product is the Customer's sole remedy for any nonconformity or defect in the Covered Products.

If the replacement product is a TENKA Power Center inverter, TENKA Power Storage battery storage or TENKA Power Charger the remaining warranty period or 6 months from the replacement date, whichever is longer, applies. If the replacement product is a TENKA Power Logger Ai, TENKA Power Dongle, TENKA Power Guard, TENKA Power Meter the remaining warranty period or 3 months from the replacement date, whichever is longer, applies.

Special Information on the Shipping of a Replacement Device

TENKA Power will at its discretion send a replacement device that has an equal value in terms of product type, output power class, storage capacity or age to the warranty claimant or to a different delivery address communicated in advance by the warranty claimant. This replacement device will be sent either in advance or after prepayment of the value of the replacement device and the costs of delivery, or after receipt of the defective device. Provided the warranty claimant was trained by TENKA POWER to perform an assembly replacement independently, TENKA Power reserves the right to send an assembly in place of a replacement device.

As required by TENKA Power, the warranty claimant must return the defective device or defective assembly at his own risk in a packaging that is suitable for its transportation to an address defined by TENKA POWER that will be located within the same country that the replacement device or the assembly is shipped from.

TENKA Power will bear the costs for transport or shipping of the replacement device or the assembly as well as the costs for return transport (including export certifications, inspections, and customs duties).

TENKA Power will also retain ownership of an assembly until it receives the defective assembly. After an exchange, the replacement device becomes the property of the customer.

If TENKA POWER has decided to request from the warranty claimant the prepayment of the value of the replacement device or the assembly before delivery of the replacement device or the assembly, TENKA POWER will refund to the warranty claimant the amount received by the warrant claimant as prepayment of the value of the replacement device or the assembly once the warranty claimant has returned to TENKA POWER the defective device or the defective assembly, the defective device or defective assembly has been received by TENKA POWER and this defective device or defective assembly does not have any further defects not previously made known to TENKA Power.

Should the warranty claimant return the defective device or the defective assembly more than fifteen (15) working days after receipt of the replacement device or the assembly, then TENKA POWER has the right to charge the warranty claimant for the cost of administering the overdue Return Material Authorization (RMA) account. Return items will not be accepted without a valid RMA number obtained from TENKA POWER that is clearly displayed on the returned items packaging.

Specific Information on the Coverage of Other Costs

TENKA Power will inform the warranty claimant of any costs (including, but not limited to transportation, replacement device value, export certifications, inspections, customs duties, travel, or accommodation) that require payment in advance of the repair action. The repair will be performed depending on the warranty claimant’s consent to cover these costs.

Impact of Warranty Coverage on the (Remaining) Warranty Period

If the entire device is replaced under this TENKA Power EU Limited Product Warranty, the remainder of the warranty period will be transferred to the replacement device. If device components are replaced or repaired under this TENKA Power EU Limited Product Warranty, the components used will be covered by the same remainder of the warranty period as the repaired device.

Limited Coverage

This EU Limited Product Warranty applies only to the hardware of the Covered Products and not to components that are separate from the Covered Products, such as ancillary equipment, consumables and mechanical parts for assembly or protective coatings that degrade over time (unless the defect is due to a defect in materials or workmanship).

This EU Limited Product Warranty applies only to customers who have purchased the covered products directly from TENKA Power or from an authorized seller of TENKA Power in the countries of the European Union (excluding islands). TENKA Power only covers transportation in the European Union countries (islands are not included).

This EU Limited Product Warranty applies only if installation, removal and reinstallation have been carried out in accordance with the installation instructions and user guidelines provided with the covered products ("Documentation").

This EU Limited Product Warranty becomes invalid if the serial number of the covered product has been removed or defaced.

Exceptions

This EU Limited Product Warranty does not cover defects or damage resulting from the following causes:

• Improper installation or use of the Product with respect to the user manual provided by TENKA Power
• Handling, installation, operation and maintenance or any other interaction of sort with the Products by unskilled or untrained personnel
• By personnel that is not qualified under the standards of the Country in which the Product is installed, or not in compliance with TENKA Power installation and operating instructions or with the law of the Country in which the Product is installed
• Customer's failure to install and operate the Covered Product in accordance with TENKA Power product specifications
• Use of the Covered Product other than normal and customary use
• Unauthorized disassembly, repair, alteration or modification
• Misuse, abuse, intentional damage, negligence or accidental damage
• Improper testing, operation, maintenance or installation, including without limitation
• Failure to comply with written system requirements for a safe operating environment or external electrical parameters
• Failure to maintain the Covered Products in accordance with the relocation and installation of the system other than in accordance with TENKA Power's requirements
• Damage caused by incorrect and/or over voltage
• Damage directly caused by problems in the system infrastructure
• Improper storage, shipment, handling, or use of the Covered Products
• Changes, removal, damage or any other act resulting in the name plate or serial number of the Product to be illegible
• Force majeure events (including but not limited to acts of hostility, sabotage, riots, fire, floods, typhoons, explosions, or other Force majeure events (including, but not limited to, acts of foreign enemies, acts of domestic or foreign governments or authorities, sabotage, riots, fire, floods, typhoons, explosions or other disasters, epidemics or quarantine restrictions, labor unrest or labor shortages, accidents, freight embargoes or other events beyond TENKA Power's control) for the period caused by such event.
• The EU Limited Product Warranty does not cover cosmetic damage or superficial defects, dents, stains or scratches that do not affect the proper functioning of the covered product.

TENKA Power has the exclusive right to appoint representatives for verification of the relevant circumstances. In any case, the Buyer acknowledges that the maximum aggregate liability for TENKA Power for defective/non-performing Products under this EU Limited Product Warranty amounts to the purchase price of the defective/non-performing Products. The Buyer acknowledges this limitation as an essential element of this EU Limited Product Warranty, as well as the impact of this limitation on the purchase price of the Products (which would be significantly higher).

Limitation of Liability

This TENKA Power EU Limited Product Warranty is in lieu of all other warranties, conditions or guarantees as to the description, quality, fitness for a particular purpose, satisfactory or merchantable quality of the Covered Products or any other express or implied warranty, condition or guarantee.

TENKA Power shall not be liable in contract, tort or otherwise for any nonconformity or defect in the Covered Products or for any injury, damage or loss resulting from such nonconformity or defect, or for any loss of contract, loss of revenue, loss of use or profit, or loss of business, business interruption or additional operating expenses, or indirect, consequential or economic damages or losses of any kind or nature whatsoever and howsoever caused. The remedies set forth in this EU Limited Product Warranty are the Customer's sole and exclusive remedy with respect to any nonconformity or defect in the Covered Products.

Notwithstanding the foregoing, this EU Limited Product Warranty does not limit TENKA Power's liability for:

• Death or bodily injury
• Fraud or fraudulent misrepresentation
• any other liability which cannot be limited or excluded by law.

General

• Modifications, extensions or additions to this EU Limited Product Warranty may only be made by an authorized representative of TENKA Power.
• If any provision of this Limited Product Warranty is found by a court or arbitration to be invalid or unenforceable, the validity or enforceability of the remaining provisions of this EU Limited Product Warranty shall not be affected, and they shall remain in full force and effect.

Force Majeure Events

TENKA Power shall not be held responsible or liable for any instance of non-performance or late performance in fulfilment of its eventual obligations (if any) resulting from this warranty in case such instances arise or derive from force majeure events (including, but not limited to, war, riots, strikes, shortages of materials, components or adequate labor, embargos, etc.) or in general from any event which was not in place nor could be reasonably understood at the date in which the Products are sold by TENKA Power or at the date in which the notification of the claim under this warranty is received by TENKA Power. When such events become of public domain, after having occurred, the Buyer of the defected Products or the Buyer who has initiated a claim is intended to be automatically aware of the occurrence of the force majeure event and of its consequences on the course of the claim under this warranty.

Validity

This warranty applies to Products delivered to Buyers by TENKA Power from January 1, 2023. Until a new version is approved by TENKA Power and published through TENKA Power’s website www.tenkapower.com, this document remains valid. TENKA Power will notify customers of any significant changes to this warranty via its website or direct communication.

The rights mentioned in this TENKA Power EU Limited Product Warranty reflect the exclusive rights of the warranty claimant in accordance with this TENKA Power EU Limited Product Warranty. No other claims — including, but not limited to, claims for compensation for direct or indirect damage caused by the defective device, claims for compensation for costs arising from disassembly or installation, and/or loss of power production or profits — are covered by the TENKA Power EU Limited Product Warranty. If the warranty claimant requests unnecessary or unjustified service work and/or TENKA Power replacements under this TENKA Power EU Limited Product Warranty, TENKA Power shall be entitled to invoice the warranty claimant for the costs incurred as a result.

The warranties expressly set forth above and herein are the exclusive warranties made by TENKA Power with respect to the devices. UNLESS AND TO THE EXTENT ANY MANDATORY APPLICABLE LAWS PROHIBIT SUCH CONSTRAINT; TENKA POWER DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND OBLIGATIONS OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, WHETHER STATUTORY OR OTHERWISE, INCLUDING FOR GREATER CERTAINTY, ANY IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Firmware Disclaimer

TENKA Power periodically provides firmware updates at TENKA Power’s sole discretion on TENKA Power purchased products. Such firmware updates are made available to the warranty claimant "as is" and normally at no additional cost. TENKA Power does not assume any obligation for the reimbursement of expenses and providing any maintenance, support, further updates, or

configuration changes resulting out of or in connection with the TENKA Power firmware update. Unless there is evidence of willful or grossly negligent fault on the part of TENKA Power, TENKA Power does not assume any liability for direct, indirect, incidental, or consequential damages, including loss of production, loss of profits or any additional expenses, which resulted from or in connection with the TENKA Power firmware update, regardless of whether it is carried out remotely or manually, even if the user has been informed of the possibility of such damage.

The statutory warranty obligation of the device seller and the corresponding statutory warranty rights of the buyer which may not lawfully be excluded or limited are not affected by this firmware disclaimer.

Applicable Law and Place of Jurisdiction

• All claims arising from or in connection with this TENKA Power EU Limited Product Warranty are subject to Austrian law with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, if the warranty claimant is a consumer as defined in Art. 6 of Regulation (EC) No 593/2008 and TENKA Power has (i) either pursued our commercial or professional activities in the country where the consumer has his habitual residence, or (ii) by any means, directed such activities to that country or to several countries including that country, and (iii) this TENKA Power EU Limited Product Warranty falls within the scope of such activities, then the choice of Austrian law as stated in this paragraph does not have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law of the country where the consumer has his habitual residence.
• Wels, Austria, is the exclusive place of jurisdiction for all disputes arising from or in connection with this TENKA Power EU Limited Product Warranty provided that the warranty claimant is a Merchant, a legal entity under public law or special assets under public law.
• In the event the claimant is a consumer, whose residence or habitual residence is in the European Union or in Countries which are contracting parties to the Agreement on the European Economic Area, the following shall apply: TENKA Power is in favor to attend a dispute settlement procedure at the General Consumer Conciliation Body of the Centre for Conciliation in Austria: Verbraucherschlichtung Austria, Mariahilfer Straße 103, Stiege 1, Top 18, 1060 Wien.

Miscellaneous

Unless otherwise agreed with TENKA Power, with an agreement to be formalized in writing, this warranty is the only existing explicit warranty on the Products sold and delivered by TENKA Power to the Buyer. TENKA Power reserves the right of final interpretation of this warranty.

The content of this warranty document can change at any time, without any obligation to TENKA Power to actively communicate such changes to Buyers. The latest version can be found on Tenka Solar website www.tenkapower.com.

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