| 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 |
|