44 Pro Guard Warranty
44 Pro offers a 90-day, non-transferable, limited warranty policy on guards against defects in materials or workmanship specifications during the warranty period that begins on the date the guard was received by the purchaser. To be eligible for the limited warranty coverage, the product must have been bought directly through the 44 Pro website.
For a guard to be considered a valid warranty claim by 44 Pro the following conditions must be met:
- The warranty claim must be made by the original purchaser of the product with a valid order number from 44 Pro for the original purchase of the guard.
- The guard has not been abused, misused, stored or cared for improperly, repaired, or modified.
- The warranty claim must be completed within the 90-day original warranty period from the date the original guard was received.
- The warranty period covers a 1-time repair or replacement of the guard as determined solely at manufacturer discretion. A repair or replacement product does not start a new warranty period.
What this guard warranty does not cover:
- Normal wear and tear that happened during play
- Cosmetic damage (minor scratches, deformations, or discoloration) including fading of colors
- Damage caused by misuse, abuse, or negligence, including prolonged exposure to inclement weather or any other external cause including but not limited to damage done by animals, etc.
- Failure to observe proper care instructions.
- Damage caused by rips, cuts, tears, burns or abrasions.
- Unauthorized repair, modification or alteration done by anyone outside of 44 Pro.
- Products purchased used, including demo products or products sold with “no warranty”
- Products purchased anywhere other than through the 44pro.com website
- Any damage that occurred outside of the warranty period.
- The 44 custom guard warranty does not cover the return shipping costs including any duty and import fees for customers outside of the USA.
LIMITATION ON STATUTORY OR IMPLIED WARRANTIES
TO THE FULL EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. 44 PRO LIMITS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO A PERIOD OF ONE (1) YEAR FROM THE DATE OF THE ORIGINAL PURCHASE FOR FIELD GLOVES AND BATS AND A PERIOD OF NINETY (90) DAYS FROM THE DATE OF ORIGINAL PURCHASE FOR BATTING GLOVES AND BATTING GUARDS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE (OR COUNTRY TO COUNTRY).
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, 44 PRO IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF THE LIMITED WARRANTY OR CONDITION, 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 THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF INCOME; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOOD WILL; LOSS OF REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION THE REPLACEMENT OF EQUIPMENT AND PROPERTY. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THIS PRODUCT AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
DISPUTES SUBJECT TO ARBITRATION ONLY
By purchasing a 44 Pro product, you agree that any controversy, claim or dispute arising out of or relating to this product or this Limited Warranty shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall have experience with product litigation or arbitration. All arbitration fees and costs of the AAA shall be shared equally by the parties. The arbitration will be held in a location agreed to by the parties or, if no agreement, in a place determined pursuant to the AAA rules. The non-prevailing party shall pay the reasonable attorneys’ fees and costs of the prevailing party. This agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect this product, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory whatsoever, and regardless of when or where the claims arise. YOU UNDERSTAND AND AGREE THAT, BY PURCHASING A 44 PRO PRODUCT YOU ARE ENTERING INTO THESE TERMS, AND YOU AND 44 PRO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION.