AMS Terms and Warranty
AMS Construction Parts offer a variety of warranties based on component, part condition and manufacturer. Please refer to your invoice or talk to your account representative to obtain detailed warranty information such as length of warranty and conditions.Terms:
- Seller warrants to Buyer that for the warranty period indicated on the invoice from the date of shipment of the Goods ("Warranty Period"), that such Goods will materially conform to the specifications requested by Buyer as of the date of shipment and will be free from material defects in material and workmanship.
- EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 1, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
- Products manufactured by a third party ("Third Party Product") may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Goods. Third Party Products are not covered by the warranty in Section 1. For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
- The Seller shall not be liable for a breach of the warranty set forth in Section 1 unless: (i) Buyer gives written notice of the defect, reasonably described, to Seller within fifteen (15) days of the time when Buyer discovers or ought to have discovered the defect; (ii) Buyer request an RMA or RGA from Seller; (iii) Buyer returns such Goods to Seller's place of business at Seller’s cost (unless Buyer is located outside the USA, in which case shipping is at Buyer’s cost) for the examination to take place there; (iv) Seller is given a reasonable opportunity after receiving the Goods to examine such Goods; and (v) Seller reasonably verifies Buyer's claim that the Goods are defective.
- The Seller shall not be liable for a breach of the warranty set forth in Section 1 if: (i) Buyer makes any further use of such Goods after giving such notice; (ii) the defect arises because Buyer failed to follow Seller's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; (iii) Buyer alters or repairs such Goods without the prior written consent of Seller; (iv) Buyer opens the part for inspection without following Seller’s oral or written instructions for inspection;
- Subject to Section 1 and Section 5 above, with respect to any such Goods during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods at the pro rata contract rate provided that, if Seller so requests, Buyer shall, at Seller's expense, return such Goods to Seller.
- THE REMEDIES SET FORTH IN SECTION 6 SHALL BE THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 1.
- IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- IN NO EVENT SHALL SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS SOLD HEREUNDER.
- Restocking fees may apply if customer returns product that is not defective or was ordered incorrectly by the customer. Fees vary 15-25% based on product. In some instances on rebuilds and special orders a refund may not be available. Please ask sales associate for more information.
International Warranty/Shipping Claims
Parts that are exported out of the United States either by AMS or customer may still be eligible for warranty or replacement where applicable. However, Regardless of outcome of warranty or cause of failure AMS does not compensate for freight for international shipping either from USA to International Destination on part failed or from International Destination back to the USA. These terms also apply to where customer receives the incorrect part due to incorrect order or where the wrong part is shipped by AMS.
Conditions & Exceptions
This warranty does not include materials or labor of any kind not furnished by AMS Construction Parts unless a valid estimate of materials and labor is received in writing by AMS Construction Parts and is approved by the Salesman that sold the parts. Remedies are limited to the sales price of the parts.
AMS Construction Parts will not be responsible for:
- Damages to other parts or equipment
- Downtime or Rental on a replacement machine
- Other Claims for Damages
- To qualify for any remedies under this limited warranty, AMS Construction Parts must be notified within the warranty period unless otherwise stated on the invoice. In order to receive remedy any warranty or return must be made within the warranty period.
This warranty is expressly in lieu of all other warranties expressed or implied including any warranties of merchantability or fitness as described by the Uniform Commercial Code.
Other Terms of Sale / Restocking Fee
A restocking fee may apply if customer returns product that is not defective or was ordered incorrectly by the customer. Fees vary 15-25% based on product. In some instances on rebuilds and special orders a refund may not be available. Please ask a sales associate for more information.
Please contact AMS Construction Parts if you have any questions or concerns about the warranty policy or currently have an issue with a component.