Effective Date: July 2026

Welcome to Malibu Manufacturing ("Malibu," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Malibu website, products, and services.

By accessing our website, creating an account, requesting a quotation, placing an order, or purchasing Malibu products, you agree to be bound by these Terms. If you do not agree to these Terms, please discontinue use of our website and services.

1. Authorized Customers

Malibu products are intended primarily for electrical distributors, wholesalers, contractors, and other commercial customers.

We reserve the right to refuse service, decline orders, limit quantities, or terminate accounts at our sole discretion.

2. Product Information

Malibu makes every reasonable effort to ensure product descriptions, specifications, pricing, dimensions, and availability are accurate.

However, information on our website is provided for informational purposes only and may contain typographical errors, technical inaccuracies, or omissions.

Malibu reserves the right to correct errors and update product information at any time without prior notice.

3. Pricing

All prices are subject to change without notice.

A written quotation issued by Malibu supersedes website pricing during the quotation validity period.

Prices do not include applicable taxes, freight charges, duties, or other governmental fees unless specifically stated.

4. Orders

Submission of an order does not constitute acceptance by Malibu.

All orders are subject to:

• Product availability
• Credit approval
• Pricing verification
• Order review and acceptance

Malibu reserves the right to cancel or reject any order for any reason, including pricing errors, suspected fraud, inventory shortages, or compliance concerns.

5. Payment Terms

Approved customers may be offered credit terms subject to Malibu's credit approval process.

Unless otherwise agreed in writing:

• Payment is due according to the approved account terms.
• Late payments may be subject to finance charges permitted by applicable law.
• Malibu reserves the right to suspend shipments on past-due accounts.

Customers remain responsible for all taxes unless a valid resale or tax exemption certificate has been provided.

6. Shipping & Delivery

Shipping dates are estimates only.

Risk of loss and title transfer in accordance with the shipping terms identified on the applicable invoice or sales confirmation.

Malibu is not responsible for shipping delays caused by carriers, weather, labor disputes, natural disasters, governmental actions, or other events beyond our reasonable control.

Complete shipping information is available in our Shipping Policy.

7. Returns & Warranty

Returns are governed by Malibu's Return & Refund Policy.

Eligible products may qualify for our Low-Risk Inventory™ Return Program.

Warranty coverage is provided under Malibu's 5-Year Limited Product Warranty.

These policies are incorporated into these Terms by reference.

8. Acceptable Use

You agree not to:

• Use the website for unlawful purposes.
• Attempt to interfere with website operation or security.
• Upload malicious software or code.
• Attempt unauthorized access to Malibu systems.
• Copy or reproduce website content without written permission.
• Misrepresent your identity or business affiliation.

9. Intellectual Property

All website content, including text, graphics, logos, product photographs, catalogs, software, specifications, documents, and trademarks, are owned by Malibu Manufacturing or its licensors and are protected under applicable intellectual property laws.

No content may be copied, distributed, modified, or reproduced without prior written permission.

10. Third-Party Links

Our website may contain links to third-party websites.

Malibu is not responsible for the content, availability, security, or privacy practices of third-party websites.

Access to third-party websites is at your own risk.

11. Disclaimer

Except as expressly provided in Malibu's written Limited Warranty, all products, services, and website content are provided "as is" and "as available."

Malibu disclaims all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.

12. Limitation of Liability

To the fullest extent permitted by law, Malibu shall not be liable for any indirect, incidental, consequential, exemplary, punitive, or special damages, including:

• Lost profits
• Lost business opportunities
• Business interruption
• Project delays
• Labor costs
• Installation or removal costs
• Loss of data

Malibu's total liability arising from any claim shall not exceed the purchase price of the product giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Malibu Manufacturing, its officers, employees, affiliates, distributors, and agents from any claims, damages, liabilities, losses, costs, or expenses arising from:

• Your misuse of the website;
• Your violation of these Terms;
• Your violation of applicable laws; or
• Your infringement of the rights of any third party.

14. Force Majeure

Malibu shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, labor disputes, transportation delays, material shortages, governmental actions, war, terrorism, utility interruptions, or carrier disruptions.

15. Governing Law

These Terms shall be governed by and interpreted under the laws of the State of California, without regard to conflict of law principles.

Any dispute arising under these Terms shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and each party consents to the jurisdiction of those courts.

16. Changes to These Terms

Malibu reserves the right to modify these Terms at any time.

Updated Terms become effective immediately upon posting to this website.

Continued use of the website or purchase of Malibu products constitutes acceptance of the revised Terms.

17. Contact Information

For questions regarding these Terms of Service, please contact:

Malibu 

Email: sales@malibumfg.com

Phone: (323) 902-5525

Thank you for choosing Malibu. We appreciate the opportunity to serve your business and are committed to providing quality products, dependable service, and long-term value to our distributor partners.