Rubber City Armory, LLC Limited Warranty for Bolt Carrier Group Products
As part of our on-going commitment to you —our customer—
RUBBER CITY ARMORY, LLC, an Ohio limited liability company (the “Company”) is pleased to provide you this limited warranty as described below (the “Limited Warranty”).
This pages covers our the following:
1. Limited Warranty
2. Warranty Claims
3. Repair or Replacement / Refund
4. Eligibility / Non-transferable
5. Duration or Limited Warranty
6. Disclaimer of Other Warranties / Limitation on Liability
7. Applicable Law / Arbitration / Class Action Wavier
Subject to the terms of this Limited Warranty, the Company warrants to the original purchaser (the “Purchaser”) of its “Bolt Carrier Group” products (each a “Product” and collectively the “Products”) that the Products will (i) conform to their specifications, (ii) be free from defects in material or workmanship, and (iii) will not break or otherwise fail under normal use and service, for the duration of this Limited Warranty. This Limited Warranty shall be null and void and of no force or effect if, in the Company’s reasonable judgment, the Products are: (a) altered or modified, (b) handled or stored improperly, (c) not properly installed or incorporated in the weapon or firearm in which it is utilized, and/or (d) the Product is abused, misused, or otherwise suffers damage as a result of weather, natural disaster, exposure to chemicals, exposure to excessive heat, excessive wear and/or abnormal environmental conditions (each an “Event of Default”).
All Limited Warranty claims hereunder shall be submitted by the Purchaser to the Company in writing, and shall include the Purchaser’s name, address, telephone number, date of the purchase of the Product subject to the Limited Warranty claim, original Purchaser’s receipt evidencing proof of purchase of the Product subject to the Limited Warranty claim, a copy of this Limited Warranty, and the Product that allegedly fails to comply with the Limited Warranty herein. The Company shall, within a reasonable time, investigate the claim and examine the Product claimed to be defective. All Limited Warranty claims shall be submitted to the Company at the following address: 1414 Kenmore Blvd., Akron, Ohio 44314. The Purchaser shall fully cooperate with the Company in investigating and evaluating the claim, including, without limitation, providing additional information upon request. TO BE ELIGIBLE FOR LIMTED WARRANTY COVERAGE, THE PURCHASER MUST SUBMIT A CLAIM WITHIN SIXTY (60) DAYS OF THE DATE THE ALLEGEDLY DEFECTIVE PRODUCT IS FIRST DISCOVERED BY THE PURCHASER.
REPAIR OR REPLACEMENT/REFUND
Subject to the conditions and limitations set forth herein, if the Company determines that a Product does not conform to this Limited Warranty pursuant to the claims procedure outlined above, the Company will, in its sole discretion, either (i) repair or replace the nonconforming Product at no charge to the Purchaser, or (ii) refund the original purchase price paid by the Purchaser for the Product. Notwithstanding anything to the contrary contained herein, this Limited Warranty applies only to the repair or replacement of the Product, and does not cover any cost or labor associated with the installation of the replacement Product, and the Company shall not be responsible for any labor or costs to repair damage to any weapon or firearm into which the Products were installed or incorporated or to any other property, however caused. Additionally, the Purchaser is solely responsible for all shipping costs associated with both the return of the broken or damaged Product, and for the shipment of the repaired or replacement Product. Any Product repaired or replaced hereunder will continue to be covered under the terms of this Limited Warranty for the duration of the original Limited Warranty period for the Product repaired or replaced.
This Limited Warranty applies only to the Purchaser of the Products and only if the Products are purchased from Company authorized distributors and/or resellers, or directly from the Company. This Limited Warranty is personal to the Purchaser, and may not be assigned or otherwise transferred by the Purchaser, even if the Product, or weapon or firearm into which the Product is installed or incorporated, is sold or otherwise transferred. Any attempt to transfer this Limited Warranty shall be null and void and not recognized by the Company.
DURATION OR LIMITED WARRANTY
Except as may be further limited herein, this Limited Warranty shall be effective for the usable lifetime of the Products under normal use and service, which is a period of twenty (20) years, commencing on the date of the original purchase of the Products and continuing to the twentieth (20th) anniversary of such date. Notwithstanding the foregoing, this Limited Warranty shall terminate and be of no further force and effect upon the occurrence of an Event of Default.
DISCLAIMER OF OTHER WARRANTIES/LIMITATION ON LIABILITY
THE FOREGOING IS THE COMLETE WARRANTY FOR THE PRODUCTS AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES ARE MADE WITH RESPECT TO THE PRODUCTS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY THAT MAY EXIST UNDER NATIONAL, STATE, PROVINCIAL OR LOCAL LAW INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The Company’s total liability under this or any other warranty, express or implied, is limited to repair or replacement and/or refund as stated herein. Repair, replacement and/or refund are the sole and exclusive remedies for breach of warranty or any legal theory. To the fullest extent permitted by applicable law, the Company shall not be liable to the Purchaser for any damages, expenses, lost revenues, lost savings, lost profits, or any other incidental, indirect or consequential damages arising from the purchase, use or failure of the Products, even if the Company has been advised of the possibility of such damages.
APPLICABLE LAW/ARBITRATION/CLASS ACTION WAIVER
The Limited Warranty and the rights of the Purchaser and the Company hereunder shall be interpreted in accordance with and governed by the laws of the State of Ohio without giving effect to the choice of law rules thereof.
ANY DISPUTE ARISING OUT OF OR RELATING TO THIS LIMITED WARRANTY OR THE BREACH, OR VALIDITY HEREOF, SHALL BE SETTLED BY BINDING ARBITRATION CONDUCTED EXPEDITIOUSLY BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR AKRON, OHIO PANEL OF ARBITRATORS. IF THE PARTIES ARE UNABLE TO AGREE UPON AN ARBITRATOR WITHIN TEN (10) CALENDAR DAYS, EACH PARTY SHALL SELECT AN ARBITRATOR. THE TWO ARBITRATORS SELECTED SHALL SELECT A THIRD ARBITRATOR AND ALL DECISIONS THEREAFTER SHALL BE MADE BY A MAJORITY OF THE ARBITRATORS. IF THE TRANSACTION UNDER WHICH THE PURCHASER PURCHASED THE PRODUCT IS A “CONSUMER TRANSACTION” WITHIN THE MEANING OF OHIO REVISED CODE §1345.01 et seq., THEN THE ARBITRATION SHALL PROCEED IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER-RELATED DISPUTES ARBITRATION RULES. OTHERWISE, THE ARBITRATION SHALL PROCEED IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et seq.). ARBITRATION PROCEEDINGS SHALL BE COMMENCED BY ANY PARTY TO THIS AGREEMENT BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE REQUESTING ARBITRATION. ANY ARBITRATION HEARING SHALL BE HELD IN AKRON, OHIO. ANY AWARD RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION, EXCEPT AS PROVIDED HEREIN, THE ARBITRATOR(S) IS NOT EMPOWERED TO AWARD DAMAGES IN EXCESS OF COMPENSATORY DAMAGES AND EACH PARTY HEREBY IRREVOCABLY WAIVES ANY DAMAGES IN EXCESS OF COMPENSATORY DAMAGES. NOTWITHSTANDING ANY ARBITRATION RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR(S) MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR(S) IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR(S) DEEM IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.
In the event the above arbitration provision is held invalid or otherwise inapplicable, the Company and the Purchaser irrevocably consent and submit to the exclusive jurisdiction and venue within the courts of Summit County, Ohio and/or the United States District Court for the Northern District of Ohio in connection with any litigation arising out of, or in any way relating to, this Limited Warranty or the Products, including, but not limited to, any and all claims for breach of warranty or products liability, and the Company and the Purchaser expressly waive any objection they have or may have as to the jurisdiction and/or venue of any such courts.
ANY AND ALL CLAIMS ALLEGED AND/OR ASSERTED BY ANY PURCHASER OR RELATED PARTY, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE RAISED IN SUCH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
ALL FIREARMS RELATED ITEMS, INCLUDING, WITHOUT LIMITATION, ACTUAL FIREARMS, FIREARMS PARTS OR COMPONENTS, AMMUNITION (WHETHER FACTORY OR RELOADED), RELOADING EQUIPMENT/COMPONENTS, AND OTHER FIREARMS RELATED EQUIPMENT AND INFORMATION, IS POTENTIALLY DANGEROUS AND CAN CAUSE PROPERTY DAMAGE, SERIOUS PHYSICAL INJURY, AND DEATH, IT IS THE SOLE, AND EXCLUSIVE RESPONSIBILITY AND LEGAL OBLIGATION OF THE PURCHASER TO BE PROPERLY TRAINED IN THE USE OF FIREARMS, FIREARMS SAFETY, AND TO CORRECTLY HANDLE, LOAD, UNLOAD, USE, TRANSPORT, MAINTAIN, AND STORE THE PURCHASER’S FIREARMS, AMMUNITION, AND RELOADING EQUIPMENT AND COMPONENTS IN A SAFE MANNER AND IN ACCORDANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. THE COMPANY SHALL NOT BE LIABLE AND/OR RESPONSIBLE FOR ANY PROPERTY DAMAGE, PHYSICAL INJURY, OR DEATH RESULTING DIRECTLY AND/OR INDIRECTLY FROM (i) THE USE OF THE PRODUCTS (ii) THE INTENTIONAL AND/OR UNINTENTIONAL DISCHARGE OF A FIREARM, OR (iii) THE PROPER HANDLING OR FUNCTIONING OF A FIREARM, PART, ACCESSORY, OR AMMUNITION. THE PURCHASER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LAWSUITS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY RELATING TO: (a) THE USE OF THE PRODUCTS (b) THE INTENTIONAL AND/OR UNINTENTIONAL DISCHARGE OF A FIREARM, (c) THE PROPER HANDLING OR FUNCTIONING OF A FIREARM, PART, ACCESSORY, OR AMMUNITION, AND (d) PERSONAL INJURIES, INCLUDING PROPERTY DAMAGE, PHYSICAL INJURY, DEATH OR OTHER LOSS ARISING OUT OF, RESULTING FROM, OR INCIDENTAL TO ANY OF THE FOREGOING.