Last Updated: Sept 15, 2023
WARRANTY:
Convrg Innovations Inc. (“Convrg”) warrants all new EPODs to have been manufactured in accordance with the specifications, and to be free from defects in materials and workmanship when operated within prescribed tolerances (the “Warranty”) for a period up until the earlier of: (i) 12 months after transfer of custody to Customer; and (ii) 18 months from notification of completion of the unit to the customer (the “Warranty Period”).
The Warranty is provided to the original purchaser of the EPOD (the “Customer”) and is not transferable without the prior written consent of Convrg.
The Warranty provides coverage for the following manufactured and installed components:
- Skid
- Frame(s)
- Floor
- Walls
- Doors
- Roof
- Instrument air piping
- Electrical wiring
- Vents
OEM Components
For any components manufactured for installation in the EPOD by a third-party original equipment manufacture (“OEM”) the warranty for such component is limited to the OEM’s original warranty. Convrg’s sole responsibility under this Warranty with respect to failure of OEM components will, at Convrg’s option, be to make commercially reasonable efforts to assign the applicable OEM warranty to the Customer or to administer the OEM warranty on behalf of the Customer. Notwithstanding anything to the contrary in any agreement with the customer, Convrg shall have no liability for correcting any defect in the materials and workmanship of OEM components. OEM components supplied in the EPOD are the components manufactured, labelled or branded by a third-party and include (but are not limited to) the following:
- Batteries
- Air dryers
- Fans
- Solar panels
- Engines
- Air compressors
- Pressure vessels
- Power generators
- Control systems
- Display panels
- Flow meters
WARRANTY CONDITIONS:
Provision of the Warranty is subject to the Customer complying with the following terms and conditions, the satisfaction of which shall be determined by Convrg, acting reasonably. In the event that any term or condition has not been met, Convrg reserves the right, in its sole and absolute discretion to provide or refuse to provide Warranty coverage in whole or in part. Terms and conditions:
- Convrg must be notified immediately upon the Customer identifying: (i) any operational problems with the EPOD; (ii) any information readings outside of tolerances; or (iii) any non-conformance of the EPOD with the design specifications
- The Customer must notify Convrg within the Warranty Period that the EPOD is subject to a claim under the Warranty.
- The EPOD has been operated at all times within the design limits and specifications provided by Convrg (Wet fuel gas, excessive power loads, long run-time in duplex mode, etc.), as indicated in Convrg’s quote, as modified by any change orders agreed to by Convrg in writing.
- The environment in which the EPOD has been operating falls within the acceptable operating environment tolerances established by Convrg, including but not limited to requirements that the fuel gas used is free of liquids with a methane content of greater than 90%, and the air and power load on the unit not exceeding prescribed limits.
- The Customer provides Convrg with records establishing that all scheduled routine maintenance and monitoring has been performed on the EPOD.
- The Customer can establish that: (i) there have been no additions of unauthorized equipment or unapproved parts to the EPOD; (ii) there have been no unauthorized customizations, modifications or alterations to the EPOD; (iii) no major components, of the EPOD have been removed or tampered with; and (iv) if the EPOD is equipped with data collection, memory storage devices or modems belonging to Convrg (“Convrg Owned Hardware”), such devices have not been accessed or interfered with to prevent Convrg from continuously recording and, if applicable, transmitting data.
- The Customer has been in compliance with Convrg’s End User License Agreement / Data Policy (“Data Policy”), including that, if Convrg Owned Hardware has been installed on the products, such Convrg Owned Hardware has not been damaged or interfered with. For the purposes of any factual determination in connection with administration of this Warranty information collected by Convrg Owned Hardware shall be considered as the determinative reliable and accurate source of the applicable data.
- The EPOD and Convrg Owned Hardware must not have been misused, damaged, abused, whether by acts of the Customer or of nature (including but not limited to, lightning strike, flood, earthquake) or otherwise treated or handled other than for its intended purpose.
WARRANTY LIMITATIONS AND EXCLUSIONS:
Convrg does not warrant the performance of the EPOD if the actual operating or other conditions differ from specifications, information, representation of operating conditions or other data supplied by the Customer for the purpose of the selection or design of the EPOD.
The Warranty specifically excludes:
- Any guarantee of operating time, availability or output.
- Equipment damaged on site or during transportation to the Customer’s site.
- Deterioration due to normal wear, tear and exposure.
- Replacement of consumables including but not limited to drive belts, lubricants, filters, bulbs, and fuses.
- Minor adjustments that may be required during the first 90 days of the Warranty Period, as per the Convrg maintenance schedule. These adjustments are considered part of normal maintenance, and include (but are not limited to) activities such as adjusting gas regulators, re-applying caulking, tightening air fittings, and torquing bolts.
- Any equipment, component or software provided by the Customer. This includes the performance of such equipment, components, or software.
All costs of dismantling, reinstallation and freight, and the time & expenses of Convrg’s personnel and representatives for site travel and diagnosis, unless accepted in writing by Convrg.
LIMITATIONS OF REMEDY AND LIABILITY:
Convrg’s obligations for any item covered under the Warranty shall be limited to: (i) in the case of manufacturing defects, at Convrg’s option, repair or replacement of any defective component or item; and (ii) in the case of OEM parts, assignment to, or administration of the OEM warranty for and on behalf of the Customer. Convrg shall be entitled to invoice the Customer at its standard rates and for its out of pocket costs and expenses associated with assessment or diagnosis and repair or replacement of any item not covered under the Warranty or in connection with any repair and replacement of an OEM part.
Neither Convrg or any of its directors, officers, employees, shareholders, or consultants, shall be liable for any indirect or consequential losses such as loss of profit, loss of production, or any other shutdown related costs resulting from failure of an EPOD for any reason whatsoever. The maximum aggregate liability of Convrg to the Customer in connection with the purchase of any EPOD shall not exceed the purchase price of such EPOD.
