BALLISTIC LIMITED LIFETIME WARRANTY, DISCLAIMER OF WARRANTY, END USER LICENSE AGREEMENT
A.G. FINDINGS AND MFG. CO. INC., d/b/a Ballistic Case Company (“Ballistic”) warrants (this “Limited Lifetime Warranty”) to the original end user customer (the “End User”) that this product is free from defects in material and workmanship (except as provided below) for the lifetime of the product. This Limited Lifetime Warranty extends only to the End User, and is not transferable. In the event Ballistic ceases to manufacture the product covered, this Limited Lifetime Warranty shall terminate for that product and there shall be no repair or replacement of the product.
If a product breaches this Limited Lifetime Warranty, the End User may return it to Ballistic in accordance with the terms of the Return Policy, below, within a reasonable time after the End User discovers the defect. Subject to the conditions and limitations set forth below (the “Excluded Items”), Ballistic will, at its discretion, either repair or replace any part of the product that proves defective by reason of improper workmanship or materials. If the End User returns a product to Ballistic and Ballistic determines that this Limited Lifetime Warranty does not apply, Ballistic will not return the product to the End User unless the End User requests it to do so and pays all expenses of shipment. If End User does not request and pay for Ballistic to return the product, it will become Ballistic’s property. After the first 30-days from the End User’s date of purchase, the End User will be charged for normal shipping and handling for the replacement.
BALLISTIC’S TOTAL LIABILITY UNDER THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, IS LIMITED TO REPAIR, REPLACEMENT OR REFUND. REPAIR, REPLACEMENT OR REFUND ARE THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL BALLISTIC BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM THE PURCHASE, USE, MISUSE, INABILITY TO USE OR INABILITY TO INSTALL THE PRODUCT OR FROM DEFECTS IN THE PRODUCT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
THIS LIMITED LIFETIME WARRANTY IS THE EXCLUSIVE WARRANTY GIVEN BY BALLISTIC FOR THE PRODUCT AND IS IN LIEU OF ALL OTHER WARRANTIES. BALLISTIC DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THIS WARRANTY SUPERSEDES ALL OTHER WARRANTIES, INCLUDING ANY WARRANTIES BASED ON ORAL REPRESENTATIONS.
THIS LIMITED LIFETIME WARRANTY GIVES THE END USER SPECIFIC LEGAL RIGHTS, AND THE END USER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
THIS LIMITED LIFETIME WARRANTY DOES NOT COVER DEFECTS CAUSED BY negligence; improper maintenance; improper storage; misuse; installation not in accordance with Ballistic’s printed installation instructions; abuse; impact or other force, whether prior or subsequent to installation; normal wear and tear; fire, lightning, tornadoes, or other acts of God; contact with liquid, water, rain, extreme humidity or heavy perspiration (other than the Hydra™ Case), sand, dirt or the like, extreme heat, or food; excessive electrical supply; abnormal mechanical or environmental conditions; application other than intended use; unauthorized disassembly, repair or modification; service by unauthorized provider; installation of unapproved third party products; buyer’s remorse. This Warranty also does not apply to any product on which the original identification information has been altered, obliterated or removed, or has been sold as second-hand.
Ballistic does not warrant against freight damage, concealed or otherwise. The End User must contact the delivering carrier to report freight damage within 48 hours of receipt of product. Failure to report freight damages within the carrier’s guidelines may result in the End User bearing all costs. Failure to sign the delivery receipt acknowledges approval of the product as is and nulls the End User’s claim. This Warranty also does not cover any products purchased from unauthorized retailers. If you have questions about the authorized status of a retailer prior to purchase, please contact firstname.lastname@example.org.
Further, under no circumstances will Ballistic be responsible for damages to, or the replacement of, cell phones, mp3 players, or any other underlying product used in conjunction with the product purchased from Ballistic.
If you believe your product breaches this Limited Lifetime Warranty, please submit the following information to our Customer Service Department via our Warranty Claim Request form.