Mighty Dwarf Warranty
LAVA Imports Inc. warrants that the retail purchased Mighty Dwarf®-branded hardware product herein is free of material defects in materials and workmanship (defects) that result in the product failure under normal consumer conditions for the Warranty Period of One Year, and under to the following conditions:
- This limited hardware warranty extends only to the original product purchaser (Consumer), and is not assignable or transferable to any subsequent purchaser or user.
- Consumer must provide proof of original purchase of the product by a dated itemized receipt to be eligible for this limited warranty.
- Consumer must notify Mighty Dwarf through the interface http://www.mightydwarf.com/help to obtain a Return Material Authorization (“RMA”) and, if requested return the defective product together with a copy of the proof of purchase to LAVA Imports Inc. The RMA number should be clearly written on the outside of the package containing the product being sent to LAVA Imports Inc. LAVA Imports Inc. will not accept a return that does not have a RMA number on the outer packaging. Consumer shall bear the cost of shipping the Product to LAVA Imports Inc. LAVA Imports Inc. shall bear the cost of shipping the product back to the Consumer after the completion of service under this limited warranty. Any Product returned to LAVA Imports Inc. without an RMA or proof of purchase will be returned to Consumer at Consumer’s cost.
- The limited warranty is only applicable in the country where the product was purchased from an authorized retailer/reseller and excludes any product that has not been purchased as new.
- LAVA Imports Inc.’s sole and exclusive responsibility under this warranty will be either to repair or replace the defective Product during the one (1) year limited warranty period so that it performs in accordance with the accompanying documentation on the date of your initial purchase. Any replacement may be, at the option of LAVA Imports Inc., a new or re-manufactured product. LAVA Imports Inc. will cover any labor or replacement parts costs as part of the service during the Warranty Period, and warrants that the repaired or replaced parts will be free from defects in material and workmanship for the remainder of the Warranty Period. Warranty replacements for custom logo products are not guaranteed to have the same logo decoration.
The limited warranty does not apply to:
- Damage caused by normal wear and tear, abnormal use or conditions, misuse, neglect, abuse, accident, improper handling or storage, defects or damages resulting from service, testing, adjustment, installation, maintenance, alteration, including without limitation, software changes, or modification in any way by someone other than LAVA Imports Inc., improper use of any electrical source, undue physical or electrical stress, operator error, non-compliance with instructions or other acts which are not the fault of LAVA Imports Inc., including damage or loss during shipment or transit.
- Damage from external causes such as floods, storms, fires, sand, dirt, earthquakes, an Act of God, exposure to sunlight, weather, moisture, heat, vibration or corrosive environments, electrical surges, battery leakage, theft, or damage caused by the connection to other products not recommended for interconnection.
- Any product that has had its serial number altered, defaced or removed, shows evidence of tampering, has non-conforming or non-Mighty Dwarf housing or casing, or has damage caused by the equipment with which the product is used.
- Any defect occurring after the expiration of the Warranty Period, or occurring due to use not in accordance with the documentation.
- Units purchased from an unauthorized retailer.
LAVA Imports Inc. does not warrant uninterrupted or error-free operation of the product, and is not under any obligation to support the product for all operating environments. Any Product determined by LAVA Imports Inc. to be warranty-expired, warranty-void or not in need of repair will be subject to a minimum non-refundable diagnostic and handling fee. In the event that the Consumer fails to make the payment, LAVA Imports Inc. may, at its sole discretion, dispose of the product without notice and liability to the Consumer.
Subject to any non-excludable limit under applicable law, the maximum liability under this limited warranty is the original price paid for the Product (excluding any shipping and additional charges). LAVA Imports Inc. and its affiliated companies will not be liable for any other losses or damage unless liability is non-excludable under applicable law. The remedy stated is the Consumer’s exclusive remedy for breach of warranty. Any action or lawsuit for breach of this limited warranty must be commenced within eighteen (18) months following the original purchase of the product or within the limitation period under applicable law.
INSOFAR AS PERMITTED BY LAW, THE PRODUCT AND THE SERVICED PRODUCT IS PROVIDED “AS IS”. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LAVA IMPORTS INC. AND ITS AFFILIATED COMPANIES HEREBY DISCLAIM THE APPLICABILITY OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE FOR THE PRODUCT AND/OR THE SERVICED PRODUCT. LAVA IMPORTS INC. AND ITS AFFILIATED COMPANIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, SAVINGS, DATA, OR LOSS OF USE, ANY THIRD PARTY CLAIMS, AND ANY INJURY TO PROPERTY OR BODILY INJURY (INCLUDING DEATH) TO ANY PERSON, ARISING FROM OR RELATING TO THE USE OF THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, TORT, OR STRICT LIABILITY, EVEN IF LAVA IMPORTS INC. OR ANY OF ITS AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states/provinces do not allow limitations on the duration of implied warranties, or the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
This is the entire warranty and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to warranty coverage for the Product, and no representation, promise or condition not contained herein will modify these terms. Update(s) of this Limited Hardware Warranty may be posted at http://www.mightydwarf.com/support/warranty. An update will replace any earlier version upon posting on the web site. If you have any questions concerning this statement of limited warranty please contact LAVA Imports Inc. at [email protected].