TESLA POWERWALL LIMITED WARRANTY (USA)
Effective Date: June 21, 2016
Applies to: 6.4kWh Powerwall with part numbers 1067000-00-B, 1067000-00-C, 1067000-00-E,1067000-01-E

Ten Year Limited Warranty
Tesla, Inc. warrants that:(1) Your Powerwall will be free from defects for ten years following its initial installation date; and(2) Your Powerwall will maintain energy capacity as shown in the table below.
Application

Energy Retention 1

Operating Limitation

Solar self-consumption/
back-up only 2

60% at 10 years following
initial installation date

Unlimited cycles

Any other application or
combination of applications

60% at 10 years following
initial installation date

18 MWh of aggregate
throughput 3

Note that this Limited Warranty (including its duration) is subject to a number of important
exclusions and limitations, which are set out in detail below. It also includes a mandatory
arbitration provision and waiver of your right to request a jury trial or make a claim through a classaction, which you should read carefully.
Remedies
If your Powerwall fails to comply with the above Limited Warranty, Tesla will, in its sole discretion,either repair your Powerwall (using new or refurbished parts), replace your Powerwall with anequivalent product (new or refurbished), or refund you the market price of an equivalent productat the time of the warranty claim. If your Powerwall is repaired or replaced under this Limited
Warranty, the remainder of the original warranty period will apply to the repaired or replacement
product. Under no circumstances will the original warranty period be extended as a result of yourPowerwall being repaired or replaced.
What Products are Covered?
This Limited Warranty applies to any Tesla Powerwall that (1) was purchased from Tesla or aTesla Authorized Reseller in the United States of America; (2) has one of the part numbers
referenced above; and (3) is installed in the United States of America. Please contact Tesla if

1 Expressed as a % of rated kWh capacity.
2 Storing solar energy generated by an onsite array, and using that stored solar energy (i) for daily self-consumption

and/or (ii) for use as back-up power.
3 Measured at the battery DC output.

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you have any concerns regarding whether you purchased your Powerwall from a Tesla Authorized
Reseller.
Who Can Make a Claim?
Limited Warranty claims can be made by or on behalf of the end user who acquired and put thePowerwall into use for the first time. A subsequent owner of the Powerwall who provides proof ofownership is also entitled to make Limited Warranty claims.
Limitations and Disclaimer
THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY MADE IN CONNECTION
WITH YOUR POWERWALL. Any other warranties, remedies and conditions, whether oral,written, statutory, express or implied (including any warranties of merchantability and fitness forpurpose, and any warranties against latent or hidden defects) are expressly disclaimed. If suchwarranties cannot be disclaimed, Tesla limits the duration of and remedies for such warranties tothe durations and remedies described in this Limited Warranty.
Relationship with Applicable Law
This Limited Warranty gives you specific legal rights. You may also have other legal rights, whichvary from state to state. For example, some states do not allow limitations on how long an implied
warranty lasts, meaning the limitations in the “Limitations and Disclaimer” section above may not
apply to you. The terms of this Limited Warranty will apply to the extent permitted by applicablelaw. For a full description of your legal rights you should refer to the laws applicable in yourjurisdiction.
General Exclusions
This Limited Warranty does not apply to any defect resulting from any of the following, each ofwhich may result in your Limited Warranty being voided: (i) abuse, misuse or negligence, (ii)
accidents or force majeure events, including but not limited to lightning, flood, earthquake, fire, orother events outside the reasonable control of Tesla; (iii) storage, installation, commissioning,modification or repair of your Powerwall, or opening of the external casing of your Powerwall, thatis performed by anyone other than Tesla or a Tesla-certified installer; (iv) failure to operate or
maintain your Powerwall in accordance with the Owner’s Manual; (v) any attempt to modify yourPowerwall, whether by physical means, programming or otherwise, without the express writtenconsent of Tesla; or (vi) removal and reinstallation of your Powerwall at a location other than theoriginal installation location, without the express written consent of Tesla.
In addition, this Limited Warranty does not cover (a) normal wear and tear or deterioration, orsuperficial defects, dents or marks that do not impact the performance of your Powerwall; (b)noise or vibration that is not excessive or uncharacteristic and does not impact your Powerwall’sperformance; (c) damage or deterioration that occurs after the expiration or voiding of the warranty
period; or (d) theft of your Powerwall or any of its components.
Exclusion for Failure to Connect to the Internet or Failure to Register your Powerwall
In order to provide this Limited Warranty for the full ten year warranty period, Tesla requires theability to update your Powerwall through remote firmware upgrades. Installation of these remoteupgrades may interrupt the operation of your Powerwall for a short period. By installing yourRev. 2.3

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Powerwall and connecting it to the internet, you consent to Tesla updating your Powerwall throughthese remote upgrades from time to time, without further notice to you. If your Powerwall is notconnected to the internet for an extended period, or has not been registered with Tesla, we may
not be able to provide important remote firmware upgrades. In these circumstances, we may not
be able to honor your full ten year Limited Warranty. We would prefer to avoid this, so will try to
notify you if your Powerwall’s internet connection is interrupted for an extended period. It isdifficult for us to contact you if you have not registered your Powerwall with us, so please register
your Powerwall with Tesla at the website identified below. Even if we can’t honor your fullten year Limited Warranty for the above reasons, we will always honor your Limited Warranty forat least four years following the date your Powerwall was installed for the first time.
California Proposition 65 Warning
We are required to advise you that lithium-ion batteries may contain chemicals known to the Stateof California to cause cancer, birth defects and reproductive harm. We don’t expect you to comeinto contact with any part of your Powerwall other than the external casing. If you do, pleasewash your hands afterwards.
Modifications and Waivers
No person or entity, including a Tesla employee or authorized representative, can modify or waive
any part of this Limited Warranty. Tesla may occasionally offer to pay some or all of the cost ofcertain repairs that are not covered by this Limited Warranty, either for specific Powerwall models
or on an ad hoc, case-by-case basis. Tesla reserves the right to do the above at any time without
incurring any obligation to make a similar payment to other Powerwall owners.
Limitation of Liability
TESLA SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS
LIMITED WARRANTY, REGARDLESS OF THE FORM OF ACTION AND REGARDLESS OFWHETHER TESLA HAS BEEN INFORMED OF, OR OTHERWISE MIGHT HAVEANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. TESLA’S LIABILITY ARISING OUTOF A CLAIM UNDER THIS LIMITED WARRANTY SHALL NOT EXCEED THE AMOUNT YOUPAID FOR YOUR POWERWALL.
SOME STATES DO NOT ALLOW, OR RESTRICT, THE EXCLUSION OR LIMITATION OFDAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVELIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, OR MAY ONLY APPLY TO A
LIMITED EXTENT.
Limitation on Use
YOUR POWERWALL IS NOT INTENDED FOR USE AS A PRIMARY OR BACK-UP POWERSOURCE FOR LIFE-SUPPORT SYSTEMS, OTHER MEDICAL EQUIPMENT, OR ANY OTHERUSE WHERE PRODUCT FAILURE COULD LEAD TO INJURY TO PERSONS OR LOSS OFLIFE OR CATASTROPHIC PROPERTY DAMAGE. TESLA DISCLAIMS ANY AND ALL
LIABILITY ARISING OUT OF ANY SUCH USE OF YOUR POWERWALL. FURTHER, TESLARESERVES THE RIGHT TO REFUSE TO SERVICE ANY POWERWALL USED FOR THESEPURPOSES AND DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF TESLA’SSERVICE OR REFUSAL TO SERVICE YOUR POWERWALL IN SUCH CIRCUMSTANCES.

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Governing Law
This Limited Warranty shall be governed by the internal substantive laws of the State of California,
without respect to its conflict of laws principles. The parties acknowledge that this Limited
Warranty may evidence a transaction involving interstate commerce. Notwithstanding thepreceding sentences with respect to the substantive law, any arbitration conducted pursuant tothe terms of this Limited Warranty shall be governed by the Federal Arbitration Act (9 U.S.C. §§1-16). The application of the United Nations Convention on Contracts for the International Sale ofGoods is expressly excluded. You agree to submit to the personal jurisdiction of the federal andstate courts located in Santa Clara County, California for any actions for which we retain the rightto seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actualor threatened infringement, misappropriation or violation of our copyrights, trademarks, trade
secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration
provision below, including any provisional relief required to prevent irreparable harm. You agree
that Santa Clara County, California is the proper forum for any appeals of an arbitration award orfor trial court proceedings in the event that the arbitration provision below is found to be
unenforceable.
Arbitration
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE
THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROMTESLA. For any dispute with Tesla in connection with this Limited Warranty, you agree to firstcontact us at the email address identified below and attempt to resolve the dispute with us
informally. If the dispute has not been resolved after 60 days, we each agree to resolve suchdispute through binding arbitration under the Optional Expedited Arbitration Procedures then ineffect for the Judicial Arbitration and Mediation Services (“JAMS”). JAMS may be contacted atwww.jamsadr.com. The existence, content and result of the arbitration shall be held in confidenceby all participants. The arbitration will be conducted by a single arbitrator selected by agreementof the Parties or, failing such agreement, appointed in accordance with the JAMS rules. Thearbitration shall be conducted in San Francisco, California. If you are using your Powerwall forcommercial purposes, each Party will bear its own expenses in the arbitration and will shareequally the costs of the arbitration; provided, however, that the arbitrator may, in their discretion,
award reasonable costs and fees to the prevailing Party. If you are an individual using yourPowerwall for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiationof your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award
rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees,
and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims
court of competent jurisdiction without first engaging in arbitration, but this does not absolve youof your commitment to engage in the informal dispute resolution process. Any judgment on theaward rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing
in this Section shall be deemed as preventing Tesla from seeking injunctive or other equitablerelief from the courts as necessary to prevent the actual or threatened infringement,
misappropriation, or violation of our data security, intellectual property rights or other proprietary
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Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEYHAVE OBTAINED OR USED THE PRODUCT FOR PERSONAL, COMMERCIAL OR OTHERPURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY,AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION,COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHERREPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION,AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATEMORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT YOU AND TESLA ARE EACHWAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION,COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER
REPRESENTATIVE PROCEEDING OF ANY KIND.
Claims Process
In order to make a claim under this Limited Warranty, please contact the Tesla Authorized
Reseller who sold you your Powerwall. If you are unable to contact the Tesla Authorized Reseller
who sold you your Powerwall, or if you purchased your Powerwall directly from Tesla, you should
contact Tesla at the address, email address or telephone numbers identified below. For awarranty claim to be processed, it must include (i) proof of the original purchase of your Powerwall
and any subsequent transfers of ownership, (ii) a description of the alleged defect(s), and (iii) yourPowerwall’s serial number and original installation date. Prior to returning any Product to Tesla,
you should obtain an RMA (Return Merchandise Authorization) number from Tesla by submitting
a Service Request Form at the link indicated below.
Tesla Contact Details•Tesla website for registering a Product or submitting a Service Request Form:
https://www.tesla.com/support/powerwall•Tesla email: powerwallsupport@tesla.com•Tesla address: 3500 Deer Creek Road, Palo Alto, California 94304, Attn: Powerwall Warranty
Claims•Tesla telephone numbers:
Australia: +61 1 800 294431
Austria: +43 800 80 2480
Belgium: +32 800 26614
Canada: +1 877-798-3752
Germany: +49 800 724 4529
Italy: +39 800 59 6849
Luxembourg: +35 280 08 0921
Netherlands: +31 800 3837301
New Zealand: +64 800 99 5020
Portugal: +35 180 018 0397
South Africa: +27 87 550 3480
Switzerland: +41 800 002634
US: +1 (877) 798-3752
UK: +44 800 098 8064

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