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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: |
| 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 | |
