Limited Warranty Policy
Mallory Marine, a division of Prestolite Performance
Mallory Marine hereby warrants to the original retail purchaser, subject to the limitations and conditions incorporated herein, that Mallory Marine Products are free from defects in material and workmanship for a period of two (2) years from the original retail purchase.
To obtain warranty service for a claim without labor: return the Mallory Marine product along with proof of the date of the original retail purchase, freight prepaid to the distributor from whom the product was purchased, the distributor will then forward the product to Mallory Marine for evaluation. If the product is determined by Mallory Marine to be eligible for warranty, Mallory Marine will credit the distributor and the Distributor will credit the selling dealer.
Product properly installed by a Qualified Dealer and determined by Mallory Marine to be defective, may be eligible for labor reimbursement. If the claim for warranty is determined by Mallory Marine to be valid, Mallory Marine will advise the dealer of the extent of Mallory Marine’s responsibility. Mallory Marine will settle all labor claims directly with the dealer. Credit for the defective parts and parts related to the warranty repair only, will be issued to the distributor. The distributor will then issue credit to the dealer.
To obtain warranty service for a claim with labor: return the allegedly defective Mallory Marine product and any other related damaged parts, along with proof of the date of the original retail purchase, freight prepaid to: Mallory Marine, Attn: Product Warranty, 10601 Memphis Ave., Cleveland, OH 44144.
The duties and obligations of Mallory Marine under this Limited Warranty are expressly limited to the repair or replacement (at the sole discretion of Mallory Marine) of Mallory Marine products, which, in the sole opinion of Mallory Marine, have been found to be covered under the terms and conditions of this Limited Warranty. Mallory Marine expressly disclaims any duty or obligation to repair or replace any product other than a Mallory Marine product.
This Limited Warranty shall become void if it is determined by Mallory Marine, in its sole discretion, that products submitted for warranty consideration failed due to normal wear, or show evidence of abuse, lack of proper maintenance, improper installation, misapplication, alteration in any way whatsoever from their original design or negligence in use. Mallory Marine reserves the right to extend only the fair market value on claims that cannot be rectified due to unavailability of replacements parts.
Mallory Marine expressly retains the right to make changes and improvements in any product that it manufactures and sells at any time, without notice and without any obligation to change the catalogs or printed matter. Mallory Marine retains the right to determine, in its sole discretion, whether or not any Mallory Marine product is covered by this Limited Warranty.
This Warranty is limited and expressly limits any implied warranty to two (2) years from the date of the original retail purchase on all Mallory Marine products and is nontransferable. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
No person, party or corporate entity other than Mallory Marine shall have the right to determine whether or not this Limited Warranty is applicable to any Mallory Marine product or to authorize any action whatsoever on behalf of Mallory Marine under the terms and conditions of this Limited Warranty. This Limited Warranty gives you specific legal rights, and you may also have other rights which may vary from state to state.
This Limited Warranty is in lieu of, and expressly excludes, any and all other warranties, express or implied, including any warranty of merchantability or of a fitness for a particular application or purpose.
Summary of Magnuson-Moss Warranty Act
Consumer purchasers of service components such as aftermarket engine parts, oil and filters are sometimes told by a dealer's sales staff, service writer or mechanics that an aftermarket brand replacement part/product cannot be used in the consumer's vehicle during the warranty period. The claim is made, that use of the aftermarket brand will "void the warranty" with the statement of implication that only the original equipment brand may be used. This of course tends to cast doubt on the quality of the replacement part/product.
That claim is simply not true. If the consumer asks for the statement in writing, he will not receive it. Nevertheless, the consumer may feel uneasy about using replacement parts/products that are not original equipment. With the large number of do-it-yourselfers who may prefer to purchase a different brand of part/product, this illegal and misleading claim should be corrected.
Under the Magnuson-Moss Warranty Act, 15 U.S.C. SS 2301-1312 (1982), and general principles of the Federal Trade Commission Act, a manufacturer may not require the use of any brand of product (or any other article) unless the manufacturer provides the item free of charge under the terms of the warranty.
So if the consumer is told that only the original brand of part/product will not void the warranty, he should request that the OE part/product be supplied free of charge. If he is charged for the part/product, the manufacturer will be violating the Magnuson-Moss Warranty Act or other applicable law.
By providing this information to the consumers, the aftermarket industry can help to combat the erroneous claim that a brand of replacement part/product other than the original equipment will "void the warranty".
It should be noted that the Magnuson-Moss Warranty Act is a federal law that applies to consumer products. The Federal Trade commission has authority to enforce the Magnuson-Moss Warranty Act, including obtaining injunctions and orders containing affirmative relief. In addition, a consumer can bring suit under the Magnuson-Moss Warranty Act.
"No warrantor of a consumer product may condition his written or implied warranty of such product on the consumers using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade or corporate name...."(15 U.S.C. 2302(c).
This law has been in effect since 1975 yet Sales people, Service Writers, and Technicians continue to violate this act with verbal implications that the consumer will or may be at risk of losing their warranty coverage when using aftermarket products during their warranty period.
In many instances there are aftermarket parts of higher quality that out perform their OEM counterpart at even more attractive prices. It’s our responsibility to educate the consumers on this important law that was written to protect them from erroneous clams and allow them the freedom of choice.
Additional Sources of Information
For a booklet containing texts of the Magnuson-Moss Warranty Act, the related FTC Rules, and the FTC Warranty Advertising Guides, write:
Federal Trade Commission
Consumer Response Center
Washington, D.C. 20580
The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumer’s spot, stop, and avoid them. To file a complaint or get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. Watch a new video, How to File a Complaint, at ftc.gov/video to learn more. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.