Malta Dynamics, LLC (“Malta”) warrants to you, as the Purchaser of the Product, that the Product is free from defects in material and workmanship under normal use and service.
What is Not Covered?
This Lifetime Limited Warranty is conditioned on the proper use and service of the Product.
This Lifetime Limited Warranty does not cover: (a) defects or damage resulting from misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect, unusual physical, electrical or electromechanical stress, or accidents that are not caused by a defect in Malta’s material or workmanship; (b) cosmetic or surface damage such as scratches and dents to the Product, unless caused by Malta; (c) defects or damage resulting from excessive force or improper use set forth in the Instruction Manual provided with the Product; (d) ordinary wear and tear; (e) defects or damage resulting from the use of the Product in conjunction or connection with accessories, products, or ancillary equipment and/or materials not furnished or approved by Malta; (f) defects or damage resulting from improper operation, maintenance, installation, service or adjustment not furnished or approved by Malta; (g) defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, wind, lightning, earthquake, exposure to weather conditions, theft, electricity malfunction or improper use of any electrical source; or (h) any Product that has been modified or altered in any respect.
Provided the Product is returned in accordance with the terms of this Lifetime Limited Warranty, Malta will repair or replace the Product, at Malta’s sole discretion, without charge. Malta may, at Malta’s discretion, use rebuilt, reconditioned, or new parts or components when repairing any Product, or may replace the Product with a rebuilt, reconditioned or new Product.
This Lifetime Limited Warranty sets out the full extent of Malta’s responsibilities and the exclusive remedy regarding the Product.
All implied warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose, are hereby disclaimed. IN NO EVENT SHALL MALTA BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR FOR, WITHOUT LIMITATION TO, COMMERCIAL LOSS OF ANY SORT, LOSS OF USE, LOSS OF PROFITS, LOSS OF REPUTATION, LOSS OF OPPORTUNITY, OR LOSS OF GOODWILL, INCONVENIENCE, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
No agent, representative or employee of Malta is authorized to modify or extend this Lifetime Limited Warranty or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of Malta regarding the Product or this Lifetime Limited Warranty, unless same be in writing and signed by an authorized officer of Malta.
To obtain service under this Lifetime Limited Warranty you must obtain a return merchandise authorization number (“RMA”) from Malta by contacting its customer service department at 1-800-494-1840 or in writing at 210 13th Street, Malta, Ohio 43758. The return of the Product to Malta must be accompanied by proof of sale showing the original date of purchase and the RMA. All returned Products must be shipped F.O.B. (shipped and insured at the cost of you). However, upon return and inspection, should Malta determine, in its discretion, that its materials and/or workmanship were defective in any respect, it will reimburse you for the reasonable shipping costs incurred by you. Malta reserves the right to inspect the Product, within a commercially reasonable time, before determining the appropriate course of action, including its obligations, hereunder.
All disputes with Malta arising in any way from this Lifetime Limited Warranty or the sale of the Product shall be resolved exclusively through final and binding arbitration, and not by a court or jury. It is agreed that any controversy, claim or dispute between or among Malta arising from or relating to the purchase of the Product and its use, design, and manufacture, and this Lifetime Limited Warranty shall first be mediated as administered by the American Arbitration Association (“AAA”) under its applicable mediation Rules before resorting to binding arbitration. Thereafter, any unresolved Claim(s) shall be settled by binding arbitration administered by the AAA in accordance with its applicable Rules for Claim(s), and any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each party shall bear the expense of its own counsel, expert, witness and other costs, including preparation and presentation of evidence and proof. All mediation or arbitration proceedings shall be conducted in the jurisdiction of the State of Ohio, without reference to its choice of laws and principles. Ohio law shall govern the interpretation of the Lifetime Limited Warranty and all disputes that are subject to this arbitration provision. IT IS AGREED AND UNDERSTOOD THAT THE PARTIES ARE KNOWINGLY GIVING UP AND WAIVING CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, INCLUDING WAIVER OF A TRIAL BY JURY.
A copy of the applicable Rules of the AAA is available upon request by contacting the American Arbitration Association at the following address: 2200 Century Parkway, Suite 300, Atlanta, Georgia 30345-3203, or (800) 778-7879, or www.adr.org.
If any part, subpart, clause or sentence of this Lifetime Limited Warranty is determined to be in conflict with any applicable law, rule, or regulations, this Lifetime Limited Warranty and all other provisions shall remain in full force and effect.