1. Definition of Terms
As used in this warranty policy, "Product" means any hardware manufactured for or by MALIBAL bearing the "MALIBAL" trademark, trade name, or logo that is purchased directly from MALIBAL or a MALIBAL Authorized Reseller.
An "Original Purchaser" is any consumer that purchases and has possession of a Product directly from MALIBAL or from a MALIBAL Authorized Reseller.
An "Authorized Reseller" is any retail store that has an agreement to purchase Products direct from MALIBAL on an ongoing basis for resale.
An "End User" is the ultimate consumer of the Product and constitutes anyone who owns and uses a MALIBAL Product.
"Date of Original Retail Purchase" is the date the Original Purchaser bought the Product from MALIBAL or an Authorized Reseller.
2. Scope of Warranty
MALIBAL WARRANTS this MALIBAL hardware Product against defects in merchandise and workmanship for a period of ONE (1) YEAR from the Date of Original Retail Purchase. All replacement parts e.g. GPU, HDD, RAM etc. that are purchased after the parts warranty expires shall carry a 90 day warranty from the date of shipment.
a. Products Covered
This warranty applies only to hardware Products manufactured by or for MALIBAL that can be identified by the "MALIBAL" trademark, trade name, or logo affixed to them. MALIBAL provides no warranty whatsoever for any software provided with its Products; such software is warranted separately by their manufacturers. MALIBAL does not warrant any products that are not MALIBAL Products. This warranty does not apply if: (1) the product has been damaged by accident, abuse, misuse, or misapplication; (2) the Product has been modified without the written permission of MALIBAL; or (3) if any MALIBAL serial number has been removed or defaced.
b. Service Procedures
If you discover a defect, MALIBAL will, at its option and to the extent permitted by law: (1) repair the Product (using new or refurbished replacement parts); (2) replace the Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product; or (3) issue a partial refund of the original purchase price of the Product, if for some reason, the Product cannot be repaired or replaced-provided you return it during the parts warranty period and obtain a Return Merchandise Authorization (RMA) number prior to shipping your defective Product. The RMA number must appear plainly on the outside of the shipping packaging. RMA numbers can be obtained by calling or writing MALIBAL at the address and phone numbers printed on this certificate. For each Product returned for warranty service, please attach your name, address, telephone number, RMA number, and a copy of your bill of sale bearing the appropriate MALIBAL serial numbers as proof of Date of Original Retail Purchase.
Dead Pixel Policy
MALIBAL will replace the LCD of a notebook that is under warranty, if there are either 6 or more dead (black) and/or hot (colored) pixels or a combination of the two types of defective pixels that total 6 or more.
45-Day Perfect Pixel Policy. Under this warranty we will replace the display if it has even one stuck or dead pixel within the first 45 days after the original shipment on the order.
It is your responsibility to complete a backup of all existing data and programs on MALIBAL Products prior to returning the Product to MALIBAL for repair under this limited warranty. MALIBAL WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS.
MALIBAL will pay for shipping both ways for warranty service only. Note: Barebones and upgrades are not included. The customer must pay ALL shipping charges both ways, if a barebone is returned for service or if it's returned to make an upgrade. THIS APPLIES TO END USERS IN THE CONTINENTAL UNITED STATES OF AMERICA ONLY (EXCLUDING PUERTO RICO, ALASKA, HAWAII, AND U.S. POSSESSIONS AND TERRITORIES). FOR CUSTOMERS WITH A CANADIAN WARRANTY, WE WILL COVER SHIPPING BOTH WAYS FROM ONTARIO, MANITOBA, SASKATCHEWAN, ALBERTA, BRITISH COLUMBIA AND THE LOWER HALF OF QUEBEC ONLY. OTHERWISE, YOU ARE RESPONSIBLE FOR SHIPPING THE PRODUCT TO OUR REPAIR FACILITY AND WE WILL SHIP THE PRODUCT BACK TO YOU FREIGHT COLLECT. INTERNATIONAL CUSTOMERS ARE RESPONSIBLE FOR ALL BROKERAGE FEES BOTH WAYS. MALIBAL IS ONLY ABLE TO PROVIDE RETURN SHIPPING TO THE END USER FOR THOSE END USERS WITH AN FPO/APO ADDRESS.
MALIBAL RESERVES THE RIGHT TO REQUIRE REIMBURSEMENT FOR SHIPPING COSTS IF IT IS APPARENT THE PROBLEM IS NOT COVERED BY THIS LIMITED PARTS AND LABOR WARRANTY.
c. Free Technical Support
MALIBAL WILL PROVIDE toll-free USA-based telephone support M-F during normal business hours to the ORIGINAL PURCHASER of a MALIBAL Product for the entire duration of the warranty purchased, so long as the Original Purchaser continues to possess the product. All "Third-Party" software and peripherals are not covered by this Free Technical Support. They are supported by their original manufacturers.
MALIBAL's Limited LIFETIME Labor and Parts Warranties
MALIBAL will pay for shipping both ways for notebooks returned under the parts warranty only. THIS APPLIES TO END USERS IN THE CONTINENTAL UNITED STATES OF AMERICA ONLY (EXCLUDING PUERTO RICO, ALASKA, HAWAII, AND U.S. POSSESSIONS AND TERRITORIES). OTHERWISE, YOU ARE RESPONSIBLE FOR SHIPPING THE PRODUCT TO OUR REPAIR FACILITY AND WE WILL BILL YOU FOR THE RETURN SHIPPING. After the parts warranty expires, the customer is responsible for paying all shipping charges to and from on any service work.
Labor charges shall only cover normal hardware failure. Any service that is intended for upgrades, accidental damage and/or cosmetic repair is not covered under this plan.
3. MALIBAL's Limited Warranty Obligations are Limited to the Terms Set Forth Below:
BATTERIES, AC ADAPTERS AND EXTERNAL ACCESSORIES (SUCH AS EXTERNAL DISK DRIVES, CAR ADAPTERS ETC.) SHALL BE CLASSIFIED AS CONSUMABLE PARTS. THE WARRANTY PERIOD FOR BATTERIES AND AC ADAPTERS IS LIMITED TO ONE (1) YEAR FROM THE DATE OF ORIGINAL RETAIL PURCHASE.
IN THE EVENT MALIBAL ELECTS TO REFUND THE VALUE OF THE PRODUCT OR REPLACE THE PRODUCT, THE TERM OF THIS WARRANTY SHALL EXPIRE AS OF THE TIME OF THAT REFUND OR REPLACEMENT.
TO THE EXTENT PERMITTED BY LAW, THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS, OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, MALIBAL SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF MALIBAL CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY MALIBAL IN ITS SOLE DISCRETION.
No MALIBAL dealer, agent or employee is authorized to make any modification, extension or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, MALIBAL IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO: LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF ACTUAL MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; DOWNTIME; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH MALIBAL PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON MALIBAL PRODUCTS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
IF YOU DISCOVER ANY DISCREPANCY REGARDING THIS WARRANTY AND YOU PURCHASED THE PRODUCT DIRECTLY FROM MALIBAL, YOU MUST IMMEDIATELY NOTIFY MALIBAL OF THE DISCREPANCY.
IF YOU DISCOVER ANY DISCREPANCY REGARDING THIS WARRANTY AND YOU PURCHASED THE PRODUCT FROM AN AUTHORIZED RESELLER, YOU MUST IMMEDIATELY NOTIFY THAT AUTHORIZED RESELLER OF THE DISCREPANCY.
5. Availability and Transferability
THIS WARRANTY MUST BE PURCHASED BY THE ORIGINAL PURCHASER WITHIN NINTY (90) DAYS OF THE PURCHASE DATE OF THE PRODUCT AND MAY NOT BE PURCHASED THEREAFTER.
THIS WARRANTY COVERS THE PRODUCT AND TRANSFERS WITH THE PRODUCT.
A REGISTRATION FEE IS REQUIRED IF THE PRODUCT HAS CHANGED OWNERSHIP.
THIS LIMITED WARRANTY MAY ONLY BE CANCELLED BY THE ORIGINAL PURCHASER WITHIN THIRTY (30) DAYS OF THE PURCHASE OF THIS WARRANTY PROVIDED THAT NO CLAIMS HAVE BEEN MADE UNDER THIS WARRANTY AND THE WARRANTY WAS PURCHASED DIRECTLY FROM MALIBAL. A FULL REFUND OF THIS WARRANTY'S PURCHASE PRICE WILL BE GIVEN TO THE ORIGINAL PURCHASER. AFTER THIRTY (30) DAYS FROM THE PURCHASE DATE OR IF A CLAIM HAS BEEN MADE UNDER THE WARRANTY, THE WARRANTY MAY NOT BE CANCELLED.
IF THE ORIGINAL PURCHASER PURCHASED THIS LIMITED WARRANTY FROM A MALIBAL AUTHORIZED RESELLER, MALIBAL WILL NOT REFUND THIS WARRANTY'S PURCHASE PRICE. ANY REFUND SHALL BE MADE BY THE AUTHORIZED RESELLER. THE ORIGINAL PURCHASER MUST CONTACT THE AUTHORIZED RESELLER WHERE HE/SHE PURCHASED THE PRODUCT ABOUT ITS CANCELLATION AND REFUND POLICIES.
7. Governing Law
This warranty policy shall be governed by and construed in accordance with the laws of the State of Nevada. Any litigation under this agreement shall be resolved in the trial courts of Clark County, State of Nevada, which shall have exclusive jurisdiction on this matter.
Last updated: 6/2/2014