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AMSOIL INC. of Superior, Wisconsin hereby warrants
that its lubricants are fit for use according to the written
recommendations of AMSOIL INC. and in applications specifying
one or more of the standards set forth in the product data bulletins
and product labels. AMSOIL INC. further warrants its products
to be free of defective materials, design, and workmanship.
THIS WARRANTY IS SUBJECT TO THE FOLLOWING
LIMITATIONS:
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| 1. |
This warranty only applies to AMSOIL
lubricants for which a separate, specific warranty is not written. |
| 2. |
The warranty herein applies only
to AMSOIL lubricants, which are packaged by AMSOIL INC. and sold
by AMSOIL INC. or an authorized distributor. |
| 3. |
The liability of AMSOIL INC. shall
be limited to: |
|
| a. |
Replacement of the defective
lubricant. |
| b. |
The cost, including labor and
materials, to repair damaged equipment, or at the option
of AMSOIL INC., the cost to replace damaged equipment, resulting
directly from the use of AMSOIL INC. lubricants when used
in the proper applications. |
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| 4. |
AMSOIL INC. shall not be liable for
special, incidental, or consequential damages including, but not
limited to, damage or loss of other property or equipment, loss
of profits or revenue, cost of capital, business interruption,
lodging, towing, or cost of replacement equipment. The liability
of AMSOIL INC. arising out of the manufacture, sale, delivery,
installation, technical directions or recommendation of any lubricant-
whether in contract, tort, warranty or otherwise - shall not exceed
the value of the equipment in which the product(s) were used.
The remedies to the purchaser herein are exclusive. |
| 5. |
In the event of a claim against AMSOIL
INC., the procedure below must be completely followed. |
|
| a. |
Where the original warranty
from the equipment manufacturer is still in effect, the
customer shall file a warranty claim with the Original Equipment
Manufacturer (OEM) in accordance with the OEM warranty procedure.
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| b. |
Customer shall retain failed
parts for inspection by AMSOIL INC. unless given to the
OEM. |
| c. |
Customer shall also, within
30 days of failure, notify AMSOIL INC. and provide the following: |
| |
| (a.) |
An eight (8) ounce representative
oil sample taken from the failed equipment and put
into a clean container. |
| (b.) |
Documentation including
make, model, and year of equipment, total accumulated
miles and/or hours, and duty cycle or service environment. |
| (c.) |
Equipment or vehicle
maintenance history documentation including miles
or hours at the time of AMSOIL lubricant installation,
general equipment repairs, and oil analysis results
if available. |
| (d.) |
Proof of purchase for
AMSOIL lubricant. |
| (e.) |
Batch number from oil
container or Certificate of Analysis. |
|
| d. |
Mail the above sample and information
to:
AMSOIL INC., Attn: Technical Services
AMSOIL Bldg.
Superior, WI 54880
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| e. |
In cases where the OEM warranty
is still in effect and that warranty coverage is denied
based on the use of an AMSOIL lubricant, the customer shall
immediately notify AMSOIL INC. and provide a written copy
of the OEM warranty denial. |
| f. |
AMSOIL INC. may, at its option,
notify its insurance carrier of the claim. |
| g. |
AMSOIL INC. or its insurance
carrier may conduct an investigation that includes, but
is not limited to, an inspection of the failed parts, a
review of the operating conditions, and a thorough review
of the information requested above. The customer agrees
to cooperate with such investigation. |
| h. |
If AMSOIL INC. or its insurance
carrier pays a claim, an attempt may be made to recover
amounts paid from the OEM. If this occurs, the customer
may be asked to provide further information pertaining to
the failure and to cooperate with AMSOIL INC. or its insurer
in the recovery process. |
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| THE WARRANTY MAY NOT BE EXTENDED
TO COVER: |
| 1. |
AMSOIL lubricants used in mechanically
deficient equipment as a result of abnormal operation; negligence;
abuse; damage from casualty, shipment or accident; or equipment
modification done without written authorization from the OEM. |
| 2. |
AMSOIL lubricants that have been
used for the purposes of racing or in applications where the OEM
required lubricant standards do not match those stated by AMSOIL
INC. without the written approval from AMSOIL INC. |
| 3. |
AMSOIL lubricants that have been
contaminated after leaving the AMSOIL INC. premises due to improper
handling, storage or through equipment deficiencies in which an
AMSOIL lubricant has been installed. |
| 4. |
AMSOIL lubricants which have been
packaged, regardless of container, by anyone other than AMSOIL
INC. or an AMSOIL authorized packager. |
| 5. |
Any allegedly defective AMSOIL lubricant
for which a reasonable sample has not been preserved. |
| 6. |
Failure of equipment when AMSOIL
lubricants are not used in strict accordance with either the written
recommendations of AMSOIL INC. or the OEM for warranty coverage.
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| 7. |
AMSOIL lubricants that have been
used in conjunction with any other product or additive that has
not been authorized for use by AMSOIL INC. |
| 8. |
Failure of equipment due to a pre-existing
condition that is unrelated to the use of AMSOIL. |
| 9. |
Repair or replacement of equipment
because of normal wear. |
| AMSOIL RESERVES THE RIGHT TO REJECT
A WARRANTY CLAIM FOR ANY OR ALL OF THE FOLLOWING REASONS: |
| 1. |
Failure to follow all OEM recommendations
for warranty coverage, including lubricants, maintenance, and
drain intervals, prior to the first installation of AMSOIL lubricants. |
| 2. |
AMSOIL INC. was not notified within
30 days from the date of failure. |
| 3. |
Claim information is insufficient. |
| 4. |
Parts inspected do not substantiate
a claim or indicate failure. |
| 5. |
Parts requested were not sent or
are unavailable for inspection. |
| 6. |
Oil sample was not provided. |
| 7. |
Failure of the customer to follow
the written procedure herein. |
| 8. |
Customer refused to cooperate with
the investigation. |
| 9. |
Failure was the result of an OEM
defect. |
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This warranty shall be governed, interpreted
and construed by, and in accordance with, the laws of the State
of Wisconsin.
AMSOIL INC. IS THE SOLE AUTHOR OF THIS POLICY
AND MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED UNLESS A SEPARATE,
SPECIFIC WARRANTY HAS BEEN WRITTEN.
SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS
OR EXCLUSIONS 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.
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