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MSOIL 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
|
| 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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