Limited Warranty for USA Only
ARBITRATION NOTICE: THIS LIMITED WARRANTY CONTAINS AN ARBITRATION PROVISION THAT REQUIRES YOU AND IWATANI TO RESOLVE DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, UNLESS YOU CHOOSE TO OPT OUT. IN ARBITRATION, CLASS ACTIONS AND JURY TRIALS ARE NOT PERMITTED. PLEASE SEE THE SECTION TITLED “PROCEDURE FOR RESOLVING DISPUTES” BELOW.
Iwatani Corporation of America (“Iwatani”) warrants that for a period of one (1) year from the date of original retail purchase, this product will be free from defects in material and workmanship. Should your Iwatani product fail due to a defect in materials or workmanship under normal use, during the warranty period set forth above, Iwatani, at its option, will repair or replace this product or any component of the product found to be defective during the warranty period. If the product is no longer available, replacement may be made with a similar product of equal or greater value.
This is your exclusive limited warranty. This limited warranty is valid only for the original retail purchaser of new product and applies only when purchased and used within the United States, including U.S. Territories, from the date of initial retail purchase and is not transferable. Keep the original sales receipt. Proof of original retail purchase is required to obtain warranty performance under this limited warranty.
What This Warranty Does Not Cover
This warranty does not cover normal wear and tear. The warranty does not cover wear of parts or damage resulting from any of the following: negligent use or misuse of the product; use contrary to the instructions; disassembly, repair or alteration by anyone other than Iwatani or an authorized service center. Further, this warranty does not cover Acts of God, such as fire, flood, hurricanes, earthquakes or any other natural disasters. The cost of repair or replacement under these excluded circumstances shall be borne by the consumer.
Warranty Exclusions & Limitations
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT ANY IMPLIED WARRANTY IS REQUIRED BY LAW, IT IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD ABOVE. NEITHER THE MANUFACTURER NOR ITS U.S. DISTRIBUTOR SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR PROFITS, OR ANY OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. THE REMEDIES ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AGAINST IWATANI AND ITS AFFILIATES, REGARDLESS OF LEGAL THEORY. SHOULD A COURT FIND THIS LIMITED WARRANTY BREACHED, IWATANI’S ONLY OBLIGATION WILL BE, AT ITS OPTION, TO EITHER REPAIR OR REPLACE SAID PRODUCT. SHOULD A COURT FIND THIS LIMITED WARRANTY TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, IWATANI WILL REFUND TO YOU THE PRODUCT’S ORIGINAL PURCHASE PRICE.
Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts, so the above exclusion or limitation may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state.
How to obtain Warranty Services
Your product must be under warranty to in order to obtain warranty service. Refer to the section “Product Specific Coverage” to check the specific limited warranty coverage for your product. If your product is defective and within your warranty period, contact us through www.iwatani.com/contact or at 1-713-965-9970 with the following information for return authorization:
- Your name, address and daytime phone number
- Product name and model number (on the rating plate)
- Description of the problem (in as much detail as possible)
- Proof of your purchase date
Do not return product to Iwatani without authorization.
The cost of transporting the product to Iwatani for warranty service is the responsibility of the purchaser.
Do not mail products with fuel canister.
All notices to Iwatani Corporation of America referenced in this agreement must be mailed to the address below:
Iwatani Corporation of America
2200 Post Oak Boulevard, Suite 1150
Houston, TX 77056 USA
PROCEDURE FOR RESOLVING DISPUTES:
ALL DISPUTES BETWEEN YOU AND IWATANI ARISING OUT OF OR RELATING IN ANY WAY TO THIS LIMITED WARRANTY OR THE PRODUCT SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. BINDING ARBITRATION MEANS THAT YOU AND IWATANI ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS ACTION.
Definitions. For the purposes of this section, references to “Iwatani” means Iwatani Corporation of America, its parents, subsidiaries and affiliates, and each of their officers, directors, employees, agents, beneficiaries, predecessors in interest, successors, assigns and suppliers; references to “dispute” or “claim” shall include any dispute, claim or controversy of any kind whatsoever (whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation or any other legal or equitable theory) arising out of or relating in any way to the sale, condition or performance of the product or this Limited Warranty.
Notice of Dispute. In the event you intend to commence an arbitration proceeding, you must first notify Iwatani in writing at least 30 days in advance of initiating the arbitration by sending a letter to Iwatani at the notice address above, Attn: Legal Department – Product Arbitration. You and Iwatani agree to engage in good faith discussions in an attempt to amicably resolve your claim. The notice must provide your name, address, and telephone number; identify the product that is the subject of the claim; and describe the nature of the claim and the relief being sought. If you and Iwatani are unable to resolve the dispute within 30 days, either party may proceed to file a claim for arbitration.
Agreement to Binding Arbitration and Class Action Waiver. Upon failure to resolve the dispute during the 30-day period after receipt of written notice to Iwatani, you and Iwatani agree to resolve any claims between us only by binding arbitration on an individual basis, unless you opt out as provided below. Any dispute between you and Iwatani shall not be combined or consolidated with a dispute involving any other person’s or entity’s product or claim. More specifically, without limitation of the foregoing, any dispute between you and Iwatani shall not under any circumstances proceed as part of a class or representative action. Instead of arbitration, either party may bring an individual action in small claims court, but that small claims court action may not be brought on a class or representative basis.
Arbitration Rules and Procedures. To begin arbitration of a claim, either you or Iwatani must make a written demand for arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be conducted before a single arbitrator under the AAA’s Consumer Arbitration Rules that are in effect at the time the arbitration is initiated (referred to as the “AAA Rules”) and under the procedures set forth in this section. The AAA Rules are available online at www.adr.org/consumer. Send a copy of your written demand for arbitration, as well as a copy of this provision, to the AAA in the manner described in the AAA Rules. You must also send a copy of your written demand to Iwatani in accordance with the Notice of Dispute provision herein. If there is a conflict between the AAA Rules and the rules set forth in this section, the rules set forth in this section will govern. This arbitration provision is governed by the Federal Arbitration Act. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision and to the arbitrability of the dispute are for the court to decide. The arbitrator is bound by the terms of this provision.
Governing Law. The law of the state of your residence shall govern this Limited Warranty and any disputes between us except to the extent that such law is preempted by or inconsistent with applicable federal law.
Fees/Costs. You do not need to pay any fee to begin an arbitration. Upon receipt of your written demand for arbitration, Iwatani will promptly pay all arbitration filing fees to the AAA unless you seek more than $25,000 in damages, in which case the payment of these fees will be governed by the AAA Rules. Except as otherwise provided for herein, Iwatani will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the AAA Rules and this arbitration provision. If the arbitrator finds either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all arbitration fees will be governed by the AAA Rules. In such a situation, you agree to reimburse Iwatani for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
Hearings and Location. If your claim is for $25,000 or less, you may choose to have the arbitration conducted solely on the basis of (1) documents submitted to the arbitrator, (2) through a telephonic hearing, or (3) by an in-person hearing as established by the AAA Rules. If your claim exceeds $25,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearings will be held at a location within the federal judicial district in which you reside unless we both agree to another location or we agree to a telephonic arbitration.
Opt Out. You may opt out of this dispute resolution procedure. If you opt out, neither you nor Iwatani can require the other to participate in an arbitration proceeding. To opt out, you must send notice to Iwatani no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the product by either: (i) sending a written request to Iwatani at the Notice Address above, ATTN: “Arbitration Opt Out” or (ii) calling 1-713-965-9970. You must include in the opt out letter or provide by telephone: (a) your name and address; (b) the date on which the product was purchased; (c) the product model name or model number; and (d) the serial number.
You may only opt out of the dispute resolution procedure in the manner described above (that is, by mail or telephone); no other form of notice will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will continue to enjoy the full benefits of the Limited Warranty. If you keep this product and do not opt out, then you accept all terms and conditions of the arbitration provision described above.
If you have any questions regarding this warranty, please contact us through www.iwatani.com or at 1-713-965-9970.