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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. |
| 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. |
| 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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Contacts:
AMSOIL INC.
AMSOIL Bldg.
Superior, WI 54880
715-392-7101, Fax 715-392-3097
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Revised April 8th,
2003
Supercedes all previous versions |
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