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Sonata 4400 cell SAMPLES are available only in boxes of 12. Each SAMPLE box (12 cells) is $250 excluding applicable sales tax and shipping.

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For volume pricing, please contact our sales department at info@boston-power.com.

 Boston-Power, Inc. ("Boston-Power") Sonata® lithium-ion cell represents the latest in energy storage technology. In addition to high performance, the Sonata® cell also provides a level of safety that meets or exceeds industry standards. For the end user to safely experience this technology, manufacturers of battery packs and/or battery powered devices using Sonata® cells must meet basic safety standards and adhere to appropriate design and manufacturing processes. Boston-Power recommends that, in addition to meeting the safety and design requirements set forth herein, manufacturers of battery packs and/or battery powered devices conduct an in-depth review of IEEE 1625-2008 (Institute of Electrical and Electronic Engineers Standard for Rechargeable Batteries for Multi-Cell Mobile Computing Devices) which provides a basic set of guidelines for good battery pack design.

IMPORTANT INFORMATION
Purchaser's and/or Users of Boston-Power, Inc. Sonata® brand lithium-ion cells should carefully read these Terms of Use. By purchasing or using of Boston-Power’s Sonata® brand lithium-ion cells, the purchaser or user confirms that he, she or it has read and accepted these Terms of Use.

FAILURE TO MEET THE FOLLOWING SAFETY AND DESIGN REQUIREMENTS AUTOMATICALLY VOIDS THE LIMITED PRODUCT WARRANTY ON BOSTON-POWER SONATA® BRAND CELLS AND, IN SUCH EVENT, THE BATTERY PACK OR BATTERY POWERED DEVICE MANUFACTURER SHALL BE DEEMED TO HAVE ASSUMED PRODUCT LIABILITY AND PERFORMANCE RISK:

   1. Minimum Safety Requirements. All battery packs and battery-powered devices utilizing Boston-Power’s Sonata® brand lithium-ion cells must meet the minimum safety requirements set forth in:
          * UL/cUL (UL2054 and 60950); and
          * UN 38.3 (for battery packs).
   2. Other Safety Requirements. Users of Boston-Power Sonata® brand lithium-ion cells must comply with all applicable laws and regulations pertinent to the intended application and locality of use.
   3. Minimum Design Requirements
         1. In order to ensure safe operation of the Sonata® brand lithium-ion cells, the user must not exceed the operating conditions specified in the technical specifications set forth in document 2009-02-24 Sonata Specification v1-4 or any later revision of such document as may be in effect on the date of sale (the “Specifications”). These operating conditions include, without limitation, the operating and storage temperature ranges, maximum charge and discharge currents, and maximum voltage levels.
         2. All electrical connections to the Sonata® brand lithium-ion cells must be accomplished through the use of a resistance spot welder and Nickel tab material. UNDER NO CIRCUMSTANCES SHOULD CONNECTIONS BE SOLDERED DIRECTLY TO EITHER THE NEGATIVE OR POSITIVE TERMINALS OF THE CELL. When soldering to Nickel tab material, precautions must be taken to prevent heat flow toward the cell and/or damage to any of the cell insulating surfaces.
         3. All external Nickel tabs and associated wiring should be sized for typical use and reasonably foreseeable fault conditions based on the intended application.
         4. All external Nickel tabs and associated wiring should be insulated in the appropriate locations to prevent short circuits during both normal and reasonably foreseeable abuse conditions.
         5. Cells, battery management circuitry, and connectors must be mechanically secured to prevent movement during normal and reasonably foreseeable abuse conditions.
         6. The charge and discharge of the cell must be controlled with circuitry to ensure that each cell is never operated outside the operating conditions specified in the Specifications. This circuitry must be able to terminate charge or discharge by means of electrically disconnecting the cells when exposed to fault conditions or operating conditions outside those set forth in the Specifications.
         7. The temperature of one or more cells in the battery pack or battery powered device must be monitored continuously during the charge and discharge operation. This temperature control circuitry must be able to terminate charge or discharge by means of electrically disconnecting the cells when exposed to fault conditions or temperatures outside the range set forth in the Specifications.
         8. If cells experience conditions outside the limits specified in the Specifications, the device must be able to ensure permanent termination of cell use through fuse or other equivalent means. An independent Over Voltage Protection (OVP) circuit must be included which will also activate the fuse or equivalent to permanently disable the battery pack.
         9. Connecting more than four cells in series could potentially compromise key cell safety components. Contact Boston-Power before attempting to use the cells in applications requiring five or more cells in series.

ANY PURCHASER OR USER OF BOSTON-POWER SONATA® BRAND LITHIUM ION CELLS WHO VIOLATES THESE TERMS OF USE AGREES TO INDEMNIFY AND HOLD BOSTON-POWER, INCLUDING BOSTON-POWER’S OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES SUCCESSORS AND ASSIGNS, HARMLESS FROM AND AGAINST ANY DAMAGES, CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DEMANDS, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS AND COURT COSTS) SUFFERED OR INCURRED BY SUCH INDEMNITEES RELATING TO OR ARISING FROM THE USE OF SUCH PURCHASER’S OR USER’S BATTERY PACKS OR BATTERY-POWERED DEVICES.

Boston-Power reserves the right to change or modify these Terms of Use without notice and will post the most current Terms of Use on its website at www.boston-power.com.

I accept the terms of use.

Terms and Conditions:

 The terms and conditions contained herein apply to the purchase of Boston-Power, Inc. (“Boston-Power”) products (“Products”) as described from time to time in Purchaser’s purchase orders or other forms submitted to Boston-Power, including those submitted via Boston-Power’s website (“Orders”). Purchaser accepts these terms and conditions by (a) delivering a purchase order or forecast for Products with quantities and delivery dates acceptable to Boston-Power; (b) accepting delivery of the Products; or (c) paying the price for the Products set forth in the quote, whichever comes first. Any counteroffer or proposed terms and conditions on Purchaser’s Orders that are in addition to, conflict with or are inconsistent with these terms are hereby expressly objected to and rejected, shall be of no effect, and are superseded by the terms contained herein. These terms and conditions, together with the applicable accepted Order, are referred to from time to time hereinafter as the “Agreement.”

1. PRICES AND TAXES
Prices are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the products or their sale by any federal, state, municipal or other governmental authority, all of which taxes must be paid by the Purchaser. Purchaser is responsible for obtaining and providing to Boston-Power any certificate of exemption or similar document required to exempt any sale from sales, use or similar tax liability.

2. TERMS AND METHOD OF PAYMENT
If Purchaser establishes and maintains open account credit with Boston-Power, payment terms shall be net 30 days from date of invoice, unless otherwise indicated. To the extent permitted by applicable law, overdue payments will be subject to finance charges computed at a periodic rate of 1 1/2% per month (18% per year). Boston-Power reserves the right, in its sole discretion, to require payment on a COD basis, to require full or partial payment in advance, to revoke any credit previously extended or withhold shipment. Purchaser is responsible for paying all losses, costs, attorneys fees or other expenses incurred by Boston-Power in the event that Boston-Power, in its sole discretion, hires a third party collection agency in order to recover debts owed to Boston-Power by Purchaser.

3. SHIPMENT
Shipping terms are Ex Works Boston-Power’s factory (Incoterms 2000). Unless Purchaser instructs Boston-Power otherwise, Boston-Power will select a carrier and arrange shipment; appropriate freight, packing and related charges will be added to the invoice. Boston-Power will use reasonable efforts to meet requested delivery dates, but will not be liable for failure to do so. Shipments must comply with applicable export and import regulations. Purchaser is solely responsible for securing export/import license(s), clearing through local customs and paying all duties, taxes, VAT, penalties, freight, and other shipping charges. Purchaser will indemnify and hold Boston-Power harmless from and against claims, losses, costs, or liability arising in connection with Purchaser’s breach hereof. Boston-Power’s reasonable delay or refusal to ship due to export or import issues shall not constitute default.

4. PURCHASE ORDER PROCEDURE
All Orders for Boston-Power Products submitted by Purchaser shall be initiated by a purchase order sent to Boston-Power and requesting a delivery. No Order shall be binding upon Boston-Power until it has been accepted by Boston-Power in writing, and Boston-Power shall have no liability to Purchaser with respect to Orders that are not accepted. Purchaser hereby grants to Boston-Power a security interest pursuant to the Uniform Commercial Code (as in effect in The Commonwealth of Massachusetts, United States (the “Uniform Commercial Code”)) in all Products delivered from time to time to Purchaser, as described on any Orders (as amended from time to time), whether such Products are now owned, currently leased or hereafter acquired, and any proceeds of such Products, to secure the payment of the purchase price for any Products and all other monies owed to Boston-Power. Purchaser authorizes Boston-Power to file such financing statements and related documents as Boston-Power deems appropriate to evidence and perfect the foregoing grant of security interest and, to the extent necessary, hereby appoints Boston-Power and its officers, agents and employees, with full power of substitution, as its attorney-in–fact to execute on behalf of Purchaser all such financing statements. This power is coupled with an interest and shall be irrevocable. Upon any default by Purchaser under a transaction contemplated herein, Boston-Power may pursue any remedy available at law (including those under the Uniform Commercial Code) or in equity. A photocopy or other reproduction of these terms and conditions or any financing statement covering the Products or any part thereof shall be sufficient as a financing statement where permitted by law.

5. LIMITED WARRANTY
Boston-Power warrants to the initial Purchaser that, under normal, proper, and intended usage, the Product purchased hereunder will be free from defects in workmanship or materials for six (6) months from the date of its initial shipment to Purchaser (“Warranty Period”). This limited warranty is not transferable.

This warranty only applies to Products when used in accordance with the “Boston-Power, Inc. Sonata® Brand Lithium-Ion Cells Terms of Use” (the “Terms of Use”). Any use of the Products which violates the Terms of Use automatically voids this limited warranty.

During the Warranty Period, if the Product is defective in workmanship and materials (subject to the limitations herein), the Product will be replaced without charge to the Purchaser for either parts or labor.

Boston-Power’s only responsibility under this warranty is to repair or replace any Product that Boston-Power reasonably determines to be covered by this warranty and to be defective in workmanship or materials. In no event shall Boston-Power’s liability exceed the price of the individual unit whose defect or damage is the basis of the claim. Boston-Power will not be responsible for any expenses for installation, charging, loss of time, loss of profit, or other expenses which would be considered indirect, incidental, or consequential damages. This warranty does not cover damage to any cell caused by abuse or neglect, failure to properly maintain the Product, fire, collision, explosion, freezing, or theft.

To make a valid claim under this warranty, the Purchaser must, within the Warranty Period, (i) give notice of such warranty claim to Boston-Power within ninety (90) days after the defect is observed, (ii) obtain an Return Merchandise Authorization (“RMA”) number from Boston-Power within such ninety (90) day period and (iii) return the applicable Product, freight prepaid, to the location specified below within sixty (60) days following the issuance of the RMA number. Repair or replacement of Products under this warranty does not extend the Warranty Period. Replacement Products are warranted only for the remaining Warranty Period of the replaced Product. To give notice of a warranty claim, obtain an RMA number or request repair or replacement under this warranty, the Purchaser should contact Boston-Power at:

2200 West Park Drive Suite 320
Westborough, Massachusetts 01581
Tel: +1 508 366 0885

Defective Products should be sent to the same address accompanied by the RMA number and a report on the defect and on any measures taken in order to rectify it. Boston-Power shall determine whether to repair or replace Products covered by this warranty and all Products replaced shall become Boston-Power’s property. In the course of warranty service, Boston-Power may, but shall not be required to, make engineering improvements to a Product. If Boston-Power reasonably determines that a repair or replacement is covered by the warranty, Boston-Power shall bear the costs of shipping the repaired or replaced Product to Purchaser. All other shipping costs shall be paid by Purchaser. Risk of loss or damage during shipments under this warranty shall be borne by the party shipping the Product. Products shipped by Purchaser under this warranty shall be packaged in the original shipping container or equivalent packaging to protect the Product. If Purchaser ships a Product to Boston-Power in unsuitable packaging, any physical damage present in the Product on receipt by Boston-Power (and not previously reported) will be presumed to have occurred in transit and will be the responsibility of Purchaser.

This warranty does not extend to any Products (a) that have been subject to misuse, neglect, abuse, improper storage, accident (other than an accident caused by the Product itself), failure to properly maintain the Product, fire, collision, theft, or damages by causes external to the Product, including but not limited to moisture or liquids, heat, and failure of or faulty electrical power; (b) that have been used in violation of Boston-Power’s instructions; (c) that have been affixed to any nonstandard accessory attachment; (d) on which the serial number has been removed or made illegible; (e) that have been modified by anyone other than Boston-Power; or (f) that have been disassembled, serviced, or reassembled by anyone other than Boston-Power, unless authorized by Boston-Power. This warranty does not cover physical damage to the surface of the Product. This warranty does not apply to any equipment other than the Product. This warranty also does not apply if the malfunction results from the use of the Product in conjunction with packaging, accessories, products, services or ancillary or peripheral equipment not expressly approved or provided by Boston-Power, and where it is determined by Boston-Power that such malfunction is not the fault of the Product itself. Boston-Power shall have no obligation to make repairs or replacements which result, in whole or in part, from normal wear and tear or normal degradation of the Product. Boston-Power makes no warranty (1) with respect to any products purchased from a person other than Boston-Power or a Boston-Power authorized distributor or (2) with respect to any product sold under a brand name other than Boston-Power. Any repair or attempt to repair a Product by anyone other than an authorized representative of Boston-Power automatically voids any warranty on that Product. Boston-Power will repair or, at its option, replace a defective Product not covered under warranty at its standard charges.

THE FOREGOING LIMITEDWARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND EXCEPT FOR ANY EXPRESS WARRANTIES STATED HEREIN, BOSTON-POWER EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF QUALITY, CONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Waiver by Boston-Power of any default will not be deemed a continuing waiver of such default or a waiver of any other default. If a provision of this warranty is held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire warranty, but rather the warranty shall be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of each party shall be construed and enforced accordingly.

This warranty is to be construed under the laws of The Commonwealth of Massachusetts, excluding any body of law governing conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this warranty.

6. RETURNED PRODUCTS POLICY
Boston-Power shall have no obligation to accept Product returns except for returns under warranty except as required by regulatory guidelines. In any case, such returns shall require Boston-Power's prior written authorization (which may be denied in Boston-Power's sole discretion) and may be subject to a 15% restocking charge. The defective cell(s) accompanied by the defect report and assigned RMA number must be shipped, within sixty (60) days following the issuance of the RMA number, to Boston-Power, Inc. 2200 West Park Drive, Suite 320, Westborough, MA 01581.

7. PRODUCT MODIFICATIONS
Boston-Power may modify its price list at any time without notice. Products are subject to changes, including electrical or mechanical design refinements as Boston-Power deems appropriate, or as required by law or safety concerns, without obligation to modify or change Products previously delivered or to supply Products in accordance with earlier specifications.

8. INTERNAL TESTING AND EVALUATION UNITS
Boston-Power may provide internal testing and evaluation units of the Boston-Power products (“Evaluation Units”) at its sole discretion. The Purchaser shall use the Evaluation Units solely for evaluation and testing purposes.

9. INDEMNIFICATION
To the fullest extent permitted by law, Purchaser shall indemnify, defend and hold Boston-Power, including Boston-Power’s partners, officers, directors, agents, employees, subsidiaries, affiliates, parents, successors and assigns, harmless from and against any damages, claims, suits, actions, causes of action, demands, liabilities, losses, costs and expenses (including without limitation reasonable attorneys’ fees and disbursements and court costs) as a result of or arising from: (a) Purchaser’s modification(s) of and/or addition(s) to Products; (b) Purchaser’s breach of this Agreement or intentional misconduct by Purchaser, or (c) any representations or warranties made by Purchaser or any Authorized Purchasers which exceed the scope of the representations or warranties made by Boston-Power to Purchaser hereunder or contradict the documentation and/or information made available to Purchaser by Boston-Power regarding specifications, performance and intended use of the Products. Boston-Power (or other indemnified person) may not settle an indemnified claim without Purchaser’s prior consent, provided that such consent is not unreasonably withheld or delayed. Neither party will publicize or permit any third party to publicize the settlement of any such claim or allegation without the other party’s prior written consent.

10. INTELLECTUAL PROPERTY
Purchaser hereby recognizes that Boston-Power retains all right, title and interest in (a) all intellectual property rights in and to the Products, including, without limitation, patent rights, trademarks, trade dress and similar intellectual property rights; (b) all processes, methods, formula, ingredients, designs, procedures and other practices used by Boston-Power or relating to the manufacture and sale of the Products, including all intellectual property rights therein; and (c) all of Boston-Power’s equipment and tooling used in the manufacture and sale of the Products, including all intellectual property rights therein, (collectively, the “Boston-Power Technology”). Purchaser hereby assigns to Boston-Power all right (including intellectual property rights), title and interest it may now or hereafter possess in and to the Boston-Power Technology and in any derivative works of and improvements to the Products and agrees to execute all documents, and take all actions, that may be necessary to effect such assignment. Boston-Power is under no obligation to disclose any of the Boston-Power Technology to Purchaser for any reason. Purchaser may not create derivative works based on the Products and may not decompile, disassemble or reverse engineer the Products, or any component thereof. Purchaser will ensure that all proprietary notices affixed to or displayed on the Products will not be removed or modified.

11. LIMITATION OF LIABILITY
Boston-Power shall not be liable for any loss or damage caused by delay in furnishing the Products. BOSTON-POWER IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOST PROFITS, FORESEEABLE OR UNFORESEEABLE, OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, LOST OR DAMAGED DATA OR SOFTWARE, LOSS OF USE OF PRODUCTS, OR DOWNTIME), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ARISING FROM THE SALE AND DELIVERY OF PRODUCTS OR SERVICES OR ANY OTHER ACT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOSTON-POWER’S MAXIMUM LIABILITY FOR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WILL NOT EXCEED THE PRICE PAID FOR THE AFFECTED PRODUCTS. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY EXCLUSIVE REMEDIES.

12. FORCE MAJEURE
Boston–Power shall not be in default in the performance of its obligations under this agreement to the extent that its performance of any such obligation is prevented or delayed by an event of force majeure. As used, herein, the term “Event of Force Majeure” shall mean an event that is not reasonable in control of Boston-Power and which renders Boston-Power unable in whole or in part, to perform its obligations under this agreement. An Event of Force Majeure shall include, but not be limited to, acts of war, revolution or insurgents, acts of terrorism, civil unrest, fire, flood, earthquake, or other natural disaster, blockades or embargoes, or governmental action.

13. DEFAULT
In the event of a default or breach of this Agreement by Purchaser, Boston-Power shall be entitled to its reasonable expenses, including attorney's fees, in enforcing its rights with respect to such default.

14. GENERAL
This Agreement consists of these terms and conditions and the Order. It is the express intent of the parties that these terms and conditions and each Order submitted hereunder constitute one transaction that shall be governed by the terms hereof. In the event of any conflict between the terms and conditions hereof and those of any purchase order, acknowledgment form, or other ordering document or communication, these terms and conditions shall prevail. The rights and obligations of the parties hereunder shall be governed by and interpreted, construed and enforced as a sealed instrument in accordance with the laws of The Commonwealth of Massachusetts, excluding: its conflicts of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods. Jurisdiction and venue of any actions or proceedings to construe, interpret, enforce or to recover a remedy for the breach of this Agreement shall be in the State and Federal Courts located in The Commonwealth of Massachusetts. Each party hereby waives trial by jury in any action, proceeding or counterclaim brought by either on any matter arising under or in connection with this Agreement. Purchaser agrees, while any security interest granted to Boston-Power hereunder remains outstanding, to give Boston-Power prior written notice before reincorporating in another jurisdiction, changing its corporate name or merging into or consolidating with another entity. No representation, promise, modification or amendment shall be binding on either party as a warranty or otherwise unless in writing and signed on behalf of such party by a duly authorized representative. Purchaser may not delegate any duties or assign any rights or claims hereunder without Boston-Power's prior written consent, and any such attempted assignment shall be void. Any provision of this Agreement that is invalid or unenforceable in any situation or jurisdiction shall not affect the validity or enforceability of the remaining provisions hereof or the validity or enforceability of the offending provision in any other situation or jurisdiction. Any purchase order issued by Purchaser in conjunction with this Agreement shall be for billing purposes only and shall not be incorporated into this Agreement. This Agreement shall constitute Boston-Power’s offer to sell to Purchaser the Products. This offer is expressly limited to Purchaser’s acceptance of the terms of this Agreement and Boston-Power hereby objects to and rejects any provision of any purchase order, acknowledgement or other communication from Purchaser which is inconsistent with or in addition to the provisions of this Agreement. Purchaser’s payment, or provision or release of its purchase order reflecting the price, quantity and list of products shown on the quotation/order confirmation, is an acceptance of all the terms of this Agreement. To the extent that this Agreement may constitute an acceptance, this acceptance is expressly conditioned on Purchaser’s assent to all the terms and conditions of this Agreement.

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