WALSHOT LIMITED WARRANTY THIS LIMITED WARRANTY APPLIES TO THE ORIGINAL PURCHASER OF WALSHOT SHOTPUT PRODUCTS. BY USING THE PRODUCT, YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS LIMITED WARRANTY. BEFORE USING THE PRODUCT, PLEASE READ THIS LIMITED WARRANTY CAREFULLY. DO NOT USE THE PRODUCT IF YOU DO NOT AGREE TO THE LIMITED WARRANTY TERMS. IF YOU DO NOT AGREE, THEN RETURN THE PRODUCT DIRECTLY TO THE SITE OF PURCHASE OR IF PURCHASED ON THE INTERNET, RETURN THE PRODUCT POSTAGE PREPAID TO WALSHOT WARRANTY CLAIMS, 1720 E. Intrepid Ave., Mesa, AZ 85204. THIS LIMITED WARRANTY DOES NOT APPLY TO PRODUCTS SOLD ON A “USED,” “AS-IS” OR ‘WITHOUT WARRANTY” BASIS. THIS LIMITED WARRANTY DOES NOT APPLY TO PRODUCTS THAT ARE COUNTERFEIT OR ARE NOT SOLD BY WALSHOT DIRECTLY OR NOT SOLD BY AN AUTHORIZED WALSHOT PRODUCT DEALER. ALL AUTHORIZED DEALERS WILL BE DISCLOSED ON THE WALSHOT WEBSITE AT www.walshot.com. SELLERS THROUGH INDIVIDUALS, THIRD PARTY MARKETPLACES OR AUCTION SITES SUCH AS CRAIGSLIST, EBAY OR AMAZON MARKETPLACE ARE NOT AUTHORIZED DEALERS.
This Limited Warranty applies only to residents of the U.S. only and contains a binding arbitration agreement and a class action waiver. If you live outside of the U.S. your country’s warranty laws will apply to you. For warranty information outside of the U.S., contact the distributor in your country. If you need to find your dealer, email us at firstname.lastname@example.org. If you live in the United States, the binding arbitration agreement and class action waiver affect your rights under this Limited Warranty. Please read the text under the section titled “Binding Arbitration Agreement; Class Action Waiver” carefully. WHAT IS THE LIMITED WARRANTY TIME PERIOD AND WHAT IS COVERED We warrant the outside shell of the WALSHOT Product to be free from defects in workmanship and materials for a one-year period beginning on the date of purchase by the original purchaser who purchased the WALSHOT Product directly from us or an authorized WALSHOT dealer under the following conditions: • You must be the original purchaser • You must provide a copy of your valid proof of purchase from WALSHOT or an authorized dealer • The date of purchase must be legible • The WALSHOT Product must not have been subjected to misuse, abuse, accidents, or non-WALSHOT repair • You must not have failed to properly follow the loading, storing and use instructions as stated in this LIMITED WARRANTY and as provided to you with the WALSHOT Product. WHAT THIS LIMITED WARRANTY DOES NOT COVER WALSHOT is not responsible for, and this LIMITED WARRANTY does not cover, replacements, damages, losses, or injuries from: • Normal use, wear and tear • Cosmetic damage (minor scratches and surface deformations, discoloration or fading) • Failure to observe care, operation, use or storage instructions • Misuse, improper use, accident, negligence or abuse • Inherent dangers from loading and throwing a shotput • Unauthorized alteration or modifications • Products sold “as-is” or by unauthorized dealers as stated above • Damages arising outside of the Limited Warranty time period • The use of products or services not provided by WALSHOT or from a non-authorized third party • Incidental or consequential damages 2 • Damages to the landing area, objects or persons in the field of use or landing area • Stripping of the tool port due to over torqueing or improper (not full insertion) use of the WALSHOT provided tool or not following WALSHOT directions • Deformation to the inner shells due to contact damage or corrosion (dropping, smashing, excessive rust) due to the nature of the implement and failure to follow loading instructions • Damage from Improper storage such as cap sticking shut, excessive rust or improper lubrication of threads Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. HOW TO MAKE A WARRANTY CLAIM Go to www.walshot.com and complete the Limited Warranty form. Send the completed form and a copy of your proof of purchase to WALSHOT Warranty Claims, 1720 E Intrepid Ave., Mesa, AZ 85204. DO NOT SEND THE PURCHASED PRODUCT UNLESS REQUESTED TO DO SO. WALSHOT will not reimburse your shipping costs unless the return is authorized and the product is covered by the LIMITED WARRANTY. WHAT WILL WALSHOT DO WALSHOT will evaluate your claim and either (a) request that you send photos or the product for further evaluation of your claim (b) accept your claim, (c) deny your claim or (d) require that you go to an authorized WALSHOT dealer for further evaluation. If your product is covered by the Limited Warranty, WALSHOT will, in its sole discretion, take one of the following acts: (a) replace the product (or part) with the same model ; (b) replace the product (or part) with a comparable product (or part) if the same model is no longer available; (c) repair the product (or part); (d) provide you with a voucher or gift certificate to be used for the purchase of other WALSHOT products or (e) provide you with a refund but only if WALSHOT is unable to provide a replacement and a repair is not commercially practicable (or cannot be timely made) or if you are willing to accept a refund. WALSHOT may replace the product (or part) with either a new or refurbished product (or part). Your original limited warranty period continues to run and does not start over when we have replaced your product (or part). HOW DOES STATE LAW APPLY? This LIMITED WARRANTY gives you specific legal rights. You may have other rights which vary from state to state. Some states (including New Jersey) may not allow limitations on how long a warranty lasts or exclude certain incidental or consequential damages. OTHER LIMITATIONS ON OUR WARRANTY WALSHOT reserves the right to refuse warranty service to any person that it believes (in its sole discretion) is abusing its warranty policy or products. Any warranty is limited to the warranty stated in this LIMITED WARRANTY, including the implied warranty of merchantability, implied warranty of fitness for a particular purpose, and warranties against hidden and latent defects. Statements on the WALSHOT website, any product brochures, or oral statements are not warranties and this LIMITED WARRANTY governs. No employee may modify this Warranty. OUR OBLIGATIONS TO RETURN YOUR PRODUCT If WALSHOT has requested that you return the product to us or an Authorized WALSHOT dealer and you have sent us the product but we have determined that the product is not covered by this LIMITED WARRANTY, then we will return the product to you at our cost. If the product is covered by this LIMITED WARRANTY, we will not return the product when we take one of the above steps. 3 If you have returned the product to WALSHOT without prior authorization, WALSHOT is not obligated to return the product to you.
PRODUCT INSTRUCTIONS AND WARNINGS ON USE By its nature, the throwing of a shotput is inherently dangerous. You must act diligently and use safe practices to ensure that your throwing field is not obstructed with people, animals, or other objects that can be damaged if struck by a thrown shotput. You must be in good health to engage in the physical task of the sport of throwing shotputs. You may become injured as a result of a shotput activity and you accept this risk by using the WALSHOT product. You must use the WALSHOT product in accordance with all product instructions for the proper functioning of the product. Failure to load, use, or store the WALSHOT product properly will void its express warranty. You must act on the separate use and storage instructions. Failure to do so will void the warranty. Instructions include but are not limited to the following mandatory instructions; (a) you must store all components in proper order and inside the outer shell at all times when not in use or the WALSHOT Product could be dented and not be assembled properly; (b) load the WALSHOT Product properly and concentrically, largest shell first then the next smaller shell; (b) all interior shells must fit snugly against the next outside shell (do not load the smallest shell in a manner that it bounces against the side when the WALSHOT Product is shaken); (c) throw the WALSHOT Product to land on a surface that has been prepared for shotputs landing on the surface such as soft grassy ground or sufficiently deep gravel; (d) do not throw to land on the street or concrete or to hit any person or object; (e) load only using whole shells, not half shells; (f) if your cap becomes jammed from normal use and cannot be opened using the WALSHOT provided tool inserted fully into the cap, contact WALSHOT for instructions. The stripping of the tool port due to over torqueing or improper (not full insertion) use of tool will instantly void the warranty (f) do not throw the WALSHOT Product where is could land on another person or object (g) properly lubricate and store the WALSHOT Product to avoid corrosion, cap sticking shut, excessive rust and damage to inner shells. Loading sample: The WALSHOT Product is a series of concentric balls – Outside A, then B, then C, then D then E. You must load concentrically and in order - A +B, or A+B+C, or A+B+C+D or A+B+C+D+E. DO NOT skip a ball –for example, do not load without B unless you are only using A (do not load A +C or A+D or A+E or A +C+D) or do not load without C unless you are only using A+B (do not load with A+D+E or A+B+E) or any combination other than in the permitted order stated in this paragraph. You must inspect the WALSHOT product prior to its first use and inform us promptly if you identify any gouges, dents or any other defects that prevent the fitting together or removal of the interior weights.
HOW TO RESOLVE A DISPUTE WITH WALSHOT If you believe that WALSHOT in not complying with this LIMITED WARRANTY, we encourage you to first discuss your concerns with our customer care specialist whose contact information is available on the WALSHOT website. If you are still not satisfied, then under the terms of this LIMITED WARRANTY, you are required to first submit your claim to arbitration before going to state or federal court, unless a legal exception applies. Any arbitration must meet the Federal Trade Commission’s Rule on Informal Dispute Settlement Procedures, 16 CRF 703. Submitting a claim to arbitration means that you do not have the right to have your claim heard by a jury or a judge, either individually or a part of a class of buyers. You will have your claim heard by a neutral arbitrator.
BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, UNLESS YOU HAVE OPTED OUT AS DESCRIBED BELOW OR HAVE BROUGHT AN ELIGIBLE INDIVIDUAL CLAIM IN SMALL CLAIMS COURT, ANY CLAIM OR CONTROVERSY RELATING TO YOUR PRODUCT IN ANY WAY, INCLUDING ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE PRODUCT’S SALE, CONDITION OR PERFORMANCE, OR A BREACH OF THIS LIMITED WARRANTY, WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE 4 AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES.
You may learn more about the American Arbitration Association, its regional office locations and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879. Since this warranty concerns a transaction in interstate or international commerce, the Federal Arbitration Act will apply.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. WALSHOT AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
The dispute will be governed by the laws of the state or territory in which you resided at the time of your purchase. The place of arbitration will be Phoenix, Arizona. To the greatest extent permitted by applicable law, the filing fees to begin and carry out arbitration will be shared between you and WALSHOT, but in no event will your fees ever exceed the amount allowable by the American Arbitration Association. If this happens, WALSHOT will cover all additional administrative fees and expenses. WALSHOT waives its right to recover attorneys’ fees in connection with any arbitration under this warranty unless the arbitrator determines that you have acted fraudulently. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys’ fees as the arbitrator may determine. The arbitrator will have no authority to award punitive or consequential damages or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Any award will be limited to monetary damages and will include no equitable relief, injunction, or order to any party other than the order to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding to the extent permitted by law. If permitted by law, then the decision is binding, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither WALSHOT nor you nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and WALSHOT. EXCEPTIONS TO BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THEN:
(1) you must notify WALSHOT in writing within sixty (60) days of the date that you purchased the Product; (2) your written notification must be mailed to WALSHOT at WALSHOT Warranty Claims, 1720 E Intrepid Ave., Mesa, AZ 85204; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the WALSHOT product, and (d) a clear statement that you wish to opt out of the binding arbitration agreement and class action waiver. In addition, you may pursue an individual claim in small claims court in your county of residence or in Phoenix, Arizona. In such case the provisions of the section titled “Binding Arbitration Agreement; Class Action Waiver” will not apply, but the rules and limitations of the small claims court shall apply.
OTHER GENERAL PROVISIONS This Limited Warranty applies to the maximum extent not prohibited by law. If any term of this Limited Warranty is not enforceable, then that term is severed from this Limited Warranty and all other terms remain in effect.