Hardware Terms of Use

 

Last update: 24 July 2025

 

Thank you for your interest in dcbel LLC (together with our affiliates, “dcbel,” “we,” “our,” or “us”) and our products and services. These Hardware Terms of Use are a legally binding contract between you and dcbel (“Agreement”) regarding your purchase or use of Hardware (other than as part of a Platform Offering).

 

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

 

BY CREATING AN ACCOUNT, OR PURCHASING, USING, OR OTHERWISE ACCESSING ANY HARDWARE, OR OTHERWISE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR PURCHASE OR USE OF THE HARDWARE, YOU AGREE TO BE BOUND BY, THIS AGREEMENT AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE, INCLUDING DCBEL’S PRIVACY POLICY (AVAILABLE HERE) AND OUR GENERAL TERMS AND CONDITIONS (AVAILABLE HERE) (“General Terms”). If you are not eligible or do not agree to THIS AGREEMENT, THEN YOU MAY NOT PURCHASE, and you do not have our permission to use, the HARDWARE. YOUR PURCHASE AND USE OF THE HARDWARE, AND OUR PROVISION OF THE HARDWARE TO YOU, CONSTITUTES AN AGREEMENT BY DCBEL AND BY YOU TO BE BOUND BY THIS AGREEMENT.

 

Arbitration NOTICE AND CLASS ACTION WAIVER. Except for certain kinds of disputes described in Section 17 of the General Terms, you agree that disputes arising under this Agreement (including any dispute arising from your purchase or use of any Hardware) will be resolved by binding, individual arbitration, and BY ACCEPTING THIS AGREEMENT, YOU AND DCBEL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. (See Section 17 of the General Terms.)

 

1.                    Overview. Capitalized terms used and not defined in this Agreement have the respective meanings assigned to them in the General Terms, which are incorporated herein by reference. In addition to this Agreement, the General Terms apply to, and govern, your access to and use of Hardware. 

 

2.                    Delivery. Unless otherwise agreed to by dcbel in writing, Hardware will be delivered Ex-Works dcbel facility (INCOTERMS 2020). Title to Hardware purchased by you (other than as part of a Platform Offering) and risk of loss in the Hardware will transfer to you upon the earlier of: (a) dcbel’s placing them for shipment with a common carrier, or (b) delivery to you or one of your representatives. dcbel will not be responsible or liable for any delays or changes in its performance of its delivery obligations expressly set forth in this Agreement. You hereby grant us a purchase money security interest in the Hardware purchased by you until payment for all Fees for such Hardware are received by dcbel. You will execute any financing statements, continuation statements, or other documents as dcbel may request to record, file, and enforce its security interest.

 

3.                    Preparation. You will be solely responsible and liable for preparing the location where the Hardware will be installed and for engaging a third party for purposes of installing, configuring, and/or activating the Hardware, and any failure to do so may result in delays or additional charges being assessed for such delays.  You may also be required to schedule a preliminary site visit for purposes of confirming, among other things, the system configuration, the location of certain hardware, and any permitting requirements that may be required in order to install the Hardware.

 

4.                    Sales of Purchased Hardware.

 

1.              Sales by You. You may sell Hardware purchased by you (other than as part of a Platform Offering and subject to any terms and conditions of any subsidies or rebates associated with your original purchase) to any third party solely for such third party’s own internal use; provided that the third party is not a reseller, distributor, agent, broker or other intermediary in the chain of distribution. We will be under no obligation to perform any of our obligations under the General Terms or this Agreement for the benefit of any such third party unless the third party enters into an agreement with dcbel. This Agreement will automatically terminate upon your sale of the Hardware to a third party.

 

2.              Transfer of Ownership. In the event you sell or otherwise transfer Warranted Hardware (as defined below) to a third party (as permitted in Section 4.1), the Hardware Warranty will inure to the benefit of such third party; provided that (a) the Warranted Hardware will continue to be used by such third party at the location at which you currently use the Warranted Hardware; (b) such third party completes and submits to dcbel a “Change of Ownership Form” (available upon request submitted to support@dcbel.energy) at least thirty (30) days prior to any such sale or transfer; and (c) such third party complies with any requirements or other instructions provided by dcbel.

 

5.        Other Obligations and Restrictions.

 

1.              Special Care. The Documentation may include additional terms and conditions relating to your use of the Hardware and the eligibility requirements for certain Hardware to be covered by the Warranty Policy. Please read the Documentation carefully for information about how the Hardware must be maintained, stored, operated, and otherwise used.  

 

2.              Performance of Hardware; Internet Connectivity.  You acknowledge and agree that (i) the Hardware is intended to interoperate and be used in conjunction with other Products provided by us or a SHIP, and (ii) certain features and functionalities relating to the Hardware, and certain services we provide in connection therewith, may only be accessible to you if the Hardware maintains a stable connection to the Internet (e.g., weather feeds and over-the-air software updates). If you discontinue your use of, or fail to perform any of your obligations with respect to, such other Products (including, without limitation, failing to pay any Fees for Cloud Services) or are unable to maintain a stable Internet connection, the Hardware or any portions thereof may not properly operate and/or your access to such features and functionality may be interrupted or otherwise be made unavailable to you. We are not responsible or liable to you for the improper functioning of Hardware or interruptions to your access to such features and functionality, in each case, that are due to a failure of your Internet connectivity or other network traffic problems arising in or from systems, networks, or infrastructure used by you in connection with the Products.

 

3.              License to Firmware. Certain Hardware may include pre-installed software that is embedded or otherwise incorporated into the Hardware (collectively “Firmware”). Subject to your compliance with the terms and conditions of this Agreement and the General Terms, we grant to you a nonexclusive, fully paid up, royalty-free, transferable, irrevocable, and non-sublicenseable license to use the Firmware as embedded or otherwise incorporated in the specific Hardware for so long as you are in possession of the Hardware and for the sole purpose of using the Hardware in accordance with the applicable Documentation. You may not extract or copy Firmware for any reason.

 

4.              Use of Hardware. DO NOT MOVE, TRANSFER, UNINSTALL, REMOVE, OR DISASSEMBLE THE HARDWARE UNDER ANY CIRCUMSTANCE. ONLY A DULY LICENSED ELECTRICIAN IS PERMITTED TO DO SO. PLEASE CONTACT US AT support@dcbel.energy BEFORE ATTEMPTING ANY OF THE FOREGOING.

 

6.                    Warranties. The terms and conditions set forth in this Section 9 are collectively referred to as the “Warranty Policy” and only applies to Hardware you purchase (other than as a part of a Platform Offering).  NOTE THAT IF ANY HARDWARE HAS SUFFERED PHYSICAL, ELECTRICAL, WATER, OR OTHER DAMAGE, WE STRONGLY RECOMMEND THAT YOU IMMEDIATELY CEASE ALL USE OF THE HARDWARE AND CONTACT CUSTOMER SUPPORT AT support@dcbel.energy. Do not return Hardware in connection with the Warranty Policy without first contacting us at support@dcbel.energy for a Return Material Authorization (RMA) and shipping instructions.

 

Full Warranty, Limited Extended Warranty, and Limited Warranty . dcbel warrants that the Warranted Hardware (as defined below) will be free from defects in materials and workmanship when installed, used, maintained, and stored in accordance with dcbel's published guidelines (including, without limitation, the Documentation and information contained in technical specifications, user manuals, and other literature or materials relating to the use of the Warranted Hardware) (such warranty is referred to as the “Hardware Warranty”): (a) for a period of one (1) year from the date of original purchase from dcbel (“Full Warranty Period”), and (b) for the time periods set forth in Table 1 below which automatically commence on the date the Full Warranty Period expires (“Limited Extended Warranty Period” and, together, with the Full Warranty Period, the “Warranty Period”). During the Full Warranty Period, the Hardware Warranty covers the repair or replacement of Warranted Hardware that does not conform to the Hardware Warranty and dcbel will, at its sole cost and expense, repair or replace defective Warranted Hardware. During the Limited Extended Warranty and Limited Warranty period, the Hardware Warranty covers the repair or replacement of any Warranted Hardware that does not conform to the Hardware Warranty and you will be responsible for any labour, in-home service, removal, shipping, customs, value added or sales tax (if applicable), disposal, re-installation costs, or other out-of-pocket expenses incurred by dcbel associated with dcbel’s repair or replacement of such Warranted Hardware. At its option, dcbel will repair or replace the defective Warranted Hardware with new or refurbished products in accordance with the terms of this Warranty Policy, if it does not conform to the Hardware Warranty during the Warranty Period. The Hardware Warranty will apply to any replacement or repaired Warranted Hardware for the remainder of the Warranty Period or for three months after any such repaired or replacement Warranted Hardware is provided to you, whichever is longer. The Hardware and components specified in Table 1 below are the “Warranted Hardware.”

 

Table 1 – Warranted Hardware

 

Hardware	Included	Warranty Period The warranty period commences on the earlier of: (i) 4 months from the date the product is shipped from dcbel and (ii) the date of installation of the product
dcbel® ARA® or MIA ® (home energy station)	Digital Multilevel Inverter Modules, Controls & Multiplexing	12 years	1-year Full Warranty Period 11-year Limited Extended Warranty Period
dB Sol – Peak Power (DC optimizer / RSS	dB Sol Peak Power (DC Optimizer / RSS)	25 years	25 year Limited Warranty Period
dB Sol Prism	db Sol Prism unit (Smart PV Shutdown + Insights and Performance readouts	3 years	1-year Full Warranty Period 2-year Limited Extended Warranty Period
dB Bridge (Smart Islanding Switch, excluding the stand-by battery)	Whole-house power transfer switch + controls and communications board.	3 years	1-year Full Warranty Period 2-year Limited Extended Warranty Period
dB Tempo (Home Energy Monitor)	High accuracy voltage and current Sensoring at the home service panel	3 years	1-year Full Warranty Period 2-year Limited Extended Warranty Period
dB Sol Powerdown	dB Sol Powerdown unit (Smart PV Shutdown)	3 year	3-year Limited Warranty Period
dB Power Shield Module	Safety & Surge Protection	1 year	1-year Limited Warranty Period
Third-Party Supply, Consumables and Other	EV AC/DC & ESS cabling and connectors, ARA® and MIA®, pedestals, displays, fans, stand-by battery located in dB Bridge	1 year	Third-Party Warranty for non-dcbel supplied parts. 1-year Limited Warranty Period for dcbel supplied parts

 

 

 

1.              Exclusions.

 

1.     Third-Party Components; Platform Offerings. The Hardware Warranty does not apply to any Third-Party Components, even if packaged or sold with Warranted Hardware, or to any Platform Offerings.

 

2.     Installation Site. The Hardware Warranty will not apply to any installation completed at a location that does not meet all of the following requirements: (1) a distinct (not shared) civic address, (2) a dedicated electric meter corresponding to civic address, and (3) a dedicated (not shared) electric service entry panel of adequate size where behind-the-meter modifications can be made.

 

3.     Other Exclusions. The Hardware Warranty will not apply and will be void in the following circumstances:

(1) you are in default under the Agreement or SHIP Agreement;

(2) the Warranted Hardware is:

(i) damaged as a result of misuse, abuse, accident, graffiti, vandalism, negligence or failure to maintain the Warranted Hardware,

(ii) damaged as a result of modifications, alterations or attachments thereto not made or performed by dcbel,

(iii) damaged due to the failure to observe the applicable safety regulations governing the proper use of the Warranted Hardware,

(iv) installed or operated not in strict conformance with the Documentation (including, without limitation, not ensuring sufficient ventilation for the Product as described in dcbel installation manual),

(v) installed or operated not in strict conformance with applicable laws, regulations, and standards (including, without limitation, failure to obtain Certifications),

(vi) opened, modified, uninstalled, moved, relocated, transferred, removed, de-installed, de-activated, or disassembled in any way,

(vii) used in combination with equipment, items or materials not permitted by the Documentation or in violation of applicable laws, regulations, and standards,

(viii) damaged by software, hardware, interfaces, parts, supplies, products, technology, or services not provided by dcbel,

(ix) damaged as a result of improper site preparation or maintenance or improper installation,

(x) damaged or rendered non-functional as a result of power surges, lightning, fire, flood, pest damage, accident, action of third parties, direct exposure to sea water or other events beyond dcbel’s reasonable control (including Force Majeure Events) or not arising from normal operating conditions, or

(xi) damaged during or in connection with shipping or transport to or from you where you have arranged such shipping or transport;

(3) to failures or damage caused by normal wear and tear or otherwise due to the normal aging of the Warranted Hardware;

(4) the Warranted Hardware is installed in a manner that is not compliant with any and all applicable laws, regulations, and standards;

(5) damage caused by services (including upgrades, maintenance, and expansions) performed by anyone other than dcbel;

(6) if the serial number for the Warranted Hardware has been removed or defaced;

(7) if dcbel receives information from relevant public authorities that the Warranted Hardware has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access thereto, and you cannot prove in any way that you are the owner or authorized user of the Warranted Hardware (e.g., by presenting proof of purchase); or

(8) defects arising from dcbel’s compliance with your written instructions, requirements, or specifications. The Hardware Warranty also does not cover cosmetic or superficial defects, dents, marks or scratches, which do not affect the proper functioning of the Warranted Hardware.

 

2.              Warranty Claims.

 

1.     Notice. If, during the Warranty Period, you discover any defect in the Warranted Hardware, then you must promptly report the defect to dcbel by sending an email to support@dcbel.energy with the following information: (i) a short description of the defect, (ii) the serial number for the Warranted Hardware, and (iii) proof of initial purchase and, if applicable, the Change of Ownership Form (such report, the “Warranty Request”). dcbel's obligations in connection the Hardware Warranty are at all times contingent upon your compliance with the terms and conditions of this Warranty Policy and the Agreement.

 

2.     Determination. Upon dcbel’s receipt of a Warranty Request, dcbel shall determine, at its sole discretion, whether the reported defect is eligible for coverage under the Hardware Warranty. If dcbel determines that the reported defect is not eligible for coverage under the Hardware Warranty, dcbel will notify you accordingly and will explain the reason why such coverage is not available. If dcbel determines that the reported defect is eligible for coverage under the Hardware Warranty, dcbel will notify you accordingly, and dcbel may, at its sole discretion and at its option, take any of the following actions: (a)  repair the Warranted Hardware at dcbel’s facilities or on-site using new or previously used dcbel genuine parts that have been tested and passed dcbel functional requirements; (b) issue a fee credit for the defective Warranted Hardware in an amount up to its value at the time of the Warranty Request, reasonably adjusted for depreciation, as determined by dcbel, that can be applied towards the purchase of a new Product (such credit may not be redeemed, converted, or exchanged for monetary value); or (c) provide you with a replacement for the Warranted Hardware or a Product that is functionally equivalent to the defective Warranted Hardware). Title to any repaired or replacement Warranted Hardware will be deemed Hardware and title thereto will transfer in accordance with the Agreement). Any defective Warranted Hardware returned to dcbel will be owned by dcbel, and title and risk of loss thereto will transfer to dcbel upon the its receipt thereof.

 

3.     RMA.  If defective Warranted Hardware is covered by the Hardware Warranty, dcbel will determine whether the Warranted Hardware should be returned to dcbel and, if so, will provide you with its Return Merchandise Authorization instructions (“RMA”). If dcbel determines that such Warranted Hardware should be returned to dcbel, dcbel will provide you with instructions on how to package and ship the Warranted Hardware to dcbel’s designated location. To the extent applicable, dcbel will return the repaired or replaced Warranted Hardware to you at your designated location. dcbel may elect to ship replacement Warranted Hardware prior to its receipt of the Warranted Hardware to be returned to dcbel in accordance with this Section.  dcbel may use new, used or refurbished Warranted Hardware that are functionally equivalent to the defective Warranted Hardware in fulfilling its obligations with respect to any breach or non-fulfillment of the Hardware Warranty. If you return any Warranted Hardware without a valid RMA, dcbel may (at its option): (a) return such Warranted Hardware returned to you; or (b) store such Warranted Hardware for a period of no more than thirty (30) days in order for you to repossess such Warranted Hardware and dispose of such Warranted Hardware, without additional liability or obligations to you, following the lapsing of such thirty (30) day period (provided that, in each case, and you will reimburse us for all of our costs and expenses incurred to return or store such Warranted Hardware).

 

3.              Exclusive Remedy. THIS WARRANTY POLICY STATES DCBEL’S SOLE AND EXCLUSIVE LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY FAILURE OF THE WARRANTED HARDWARE TO CONFORM TO THE HARDWARE WARRANTY. 

 

7.        Limitations of Liability.

 

To the fullest extent permitted by law, in no event will the dcbel Entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, loss of use or data, loss or diminution in value of assets or securities, damages for business interruption or any other intangible loss) arising out of or in any way relating to your access to, or use or receipt of, or your inability to access, use, or receive, the Products, or otherwise related to the subject matter of this Agreement (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any dcbel Entity, or from events beyond the dcbel Entities’ reasonable control, regardless of the form of action, whether based on warranty, contract, tort (including negligence), statute, or any other legal or equitable theory, and whether or not any dcbel Entity has been informed of the possibility of such damages and regardless of whether such damages were foreseeable.

 

Except as expressly provided in the General Terms and to the fullest extent permitted by law, under no circumstances will the dcbel Entities’ joint, aggregate liability of all kinds arising out of or related to this Agreement (including but not limited to warranty claims), regardless of the forum and regardless of whether the applicable claim is based on contract, tort, or otherwise, exceed the greater of the amount paid by you to dcbel under the applicable Order for your Hardware during the 12-month period immediately preceding the date of the final judgment with respect to such claim. FOR THE AVOIDANCE OF DOUBT, ANY LIABILITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE SUBJECT TO, AND WILL EXHAUST, THE LIMITATIONS OF LIABILITY SET FORTH IN THE GENERAL TERMS.   

 

Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does appropriately allocate the risks between the parties under this Agreement. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this Agreement. The limitations in this Section will apply even if any limited remedy fails of its essential purpose, and the foregoing shall constitute the dcbel Entities’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including negligence), statute, or any other legal or equitable theory.

 

To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge the dcbel Entities from and against, and covenant not to sue any such dcbel Entity for, all claims you have or may have arising out of or in any way related to this Agreement.

 

8.        Miscellaneous.

 

1.              General Terms. This Agreement, together with the Privacy Policy, General Terms, and any other agreements expressly incorporated by reference into this Agreement, are the entire and exclusive understanding and agreement between you and dcbel regarding your use, receipt, and purchase of Hardware. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of this Agreement, or any provision of this Agreement, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of any provision. Throughout this Agreement the use of the word “including” means “including but not limited to.” If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

 

2.              Governing Law. This Agreement, your receipt, access to, and use of the Hardware, and your Order for Hardware, are governed by the laws of the State of California without regard to conflict of law principles. You and dcbel submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Mateo County, California for resolution of any lawsuit or court proceeding permitted under this Agreement.

 

3.              Business Forms. The terms in any purchase order, ordering document, or business form you provide to dcbel will not amend or modify this Agreement and are expressly rejected by dcbel; any of these documents are for administrative purposes only and have no legal effect.

 

4.              Force Majeure. We will not be liable to you for any failure to perform, or any delay in our performance of, any of our obligations under this Agreement or an Order for Hardware or for any delay in delivery of the Hardware that is caused by events outside our reasonable control, including any delay or lack of access due to an unforeseeable event, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made condition outside of dcbel’s control (a “Force Majeure Event”).

 

5.              Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Professional Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Hardware or to receive further information regarding use of the Hardware.

 

6.              International Use. The Hardware is intended solely for users located within the United States. We make no representation that the Hardware is appropriate or available for use outside of the United States. Access to the Hardware from countries or territories or by individuals where such access is illegal is prohibited.

 

7.              Privacy Policy. Please read the dcbel Privacy Policy (available at https://www.dcbel.energy/privacy-policy/) carefully for information about how we collect, use, store and disclose your personal information. The dcbel Privacy Policy is incorporated by this reference into, and made a part of, this Agreement.