MVST Select 5-Year Limited Warranty
A. Products Covered by this Limited Warranty
This limited warranty extends to luggage manufactured by MVST Select and purchased directly from MVST Select. Luggage is designed to be used for travel by air, car, train, boat, and foot. This Warranty does not cover your Luggage if you use it in a manner incompatible with that intended design.
B. Who this Warranty Extends To
This limited warranty extends to the original purchaser of any Luggage or, in the case of a gift, the original recipient of the Luggage. The “original purchaser,” for the purposes of this warranty, is the first purchaser of the Luggage from MVST Select. The “original recipient” for purposes of this warranty, is the first receiver of Luggage purchased as a gift from MVST Select. All MVST Select warranties, including any implied warranties, are valid only for the period of time the Luggage is owned by the original purchaser/ recipient of the Luggage. A COPY OF THE PURCHASE RECEIPT IS REQUIRED TO DETERMINE WARRANTY APPLICABILITY.
MVST Select limited warranties are not transferable and not applicable to use of the Luggage for commercial or rental purposes.
C. MVST Select Limited Warranty and Responsibilities
MVST Select warrants the Luggage in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for 5 years, when the Luggage is used normally for its intended purposes.
D. What this 5-Year Limited Warranty Covers
THIS LIMITED WARRANTY APPLIES TO THE FOLLOWING DEFECTS:
- Cracks or breaks in the shell
- Wheels, handles, or telescoping handles that break off and are no longer usable
THIS LIMITED 5-Year WARRANTY DOES NOT COVER THE FOLLOWING:
- “Cosmetic Damage” which is defined as scratches, dents, dings, scuffs, stains, color changes, normal wear and tear, technological obsolescence, or other non-functional changes in the appearance of the product that occur during normal handling and use of Luggage by any party and which do not impair the functionality of the product as luggage. Aluminum Luggage is particularly susceptible to Cosmetic Damage.
- Replacement of any non-defective pieces in the luggage (for example, if you purchase Luggage with multiple components and only one component is defective, then we will only replace the defective component).
- Luggage sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Luggage is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
- Loss of functionality due to consumers being locked out of their Luggage. See “Your Responsibilities” below for information regarding assistance with locked Luggage.
In the event of a Defect, MVST Select's sole and exclusive liability and your sole remedy under this limited warranty will be, at MVST Select's option, to provide repaired or replacement Luggage, subject to your fulfillment of “Your Responsibilities” below. Replacement Luggage may be provided in a color different from the Luggage you originally purchased. For limited edition, discontinued or out-of-stock Luggage covered under the limited warranty, MVST Select's guarantees only replacement of a product with equal or greater retail value and does not guarantee exact replacement of the same limited edition, discontinued or out-of-stock item.
E. Your Responsibilities
In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Luggage to MVST Select and provide MVST Select with proof of the original date of purchase. Evidence of a Defect and any claims must be sent to the support email address set forth at the end of this limited warranty.
MVST Select will repair or replace (as applicable) and ship your Luggage back to you within 90 days of receiving your original Luggage. You will only be responsible for the return shipping cost and any customs fees.
Replaced or repaired Luggage is subject to the same limited warranty as the original Luggage.
F. Disclaimer, Limitation on Liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE LUGGAGE IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL AWAY OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE LUGGAGE OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF AWAY HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. MVST SELECT’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE LUGGAGE GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
G1. In the event a dispute arises between you and MVST Select arising out of this Limited Warranty (“Dispute”), such Dispute will be determined and settled solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and MVST Select agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Limited Warranty, and that you and MVST Select are each waiving the right to a trial by jury or to participate in a class action.
G2. As limited exceptions to Section G1 above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
G3. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Limited Warranty. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
G4. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
G5. YOU AND MVST SELECT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration section shall be null and void.
G6. With the exception of any of the provisions in Section G5 of this Limited Warranty ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of this Limited Warranty is invalid or unenforceable, the other parts of Limited Warranty will still apply.
G7. You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act.
H. Governing Law and Forum Choice
This Limited Warranty and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section G “Arbitration” the exclusive jurisdiction for all Disputes that you and MVST Select are not required to arbitrate will be the state and federal courts located in the State of California, and you and MVST Select each waive any objection to jurisdiction and venue in such courts
MVST Select LLC