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