Warranty
Subject to the limitations, exclusions and disclaimers hereof, AMS warrants exclusively to the
original purchaser (the “
Purchaser
”) of this Ancona product (the “
Product
”) that it shall be free
from defects in material or workmanship (the “
Limited Product Warranty
”). The duration of the
Limit
ed Product Warranty is 12 months from the date of original purchase (the “
Warranty
Period
”).
The Limited Product Warranty does not extend to commercial or institutional use or installation
and to residential or domestic use or installation outside of Canada and the USA. It is not
transferable or assignable to any person.
Any failure of the Product that is not traceable to a defect in material or workmanship is not
covered by the Limited Product Warranty. These non-warrantable items include, but are not
limited to: (i) consumable and accessory parts; such as light bulbs; (ii) service outside of
Canada and the USA; (iii) damage caused during shipping, handling or installation; (iv) labour
costs related to installation, removal, reinstallation costs or other contingent expense; or (v)
routine replacement of parts due to normal wear and tear of the Product.
If the Purchaser discovers within the Warranty Period a defect in material or workmanship, the
Purchaser shall promptly notify AMS in accordance with the Warranty Claim Procedure set forth
below. Within a reasonable time after such notification, AMS shall, at no charge to the
Purchaser: (i) perform any repair or replacement of parts that it determines is necessary or
useful to correct any defect in material or workmanship; or (ii) replace the original Product with a
new Product, the whole at AMS’ sole and absolute discretion. The remedy provided above shall
be the Purchaser’s sole and exclusive remedy and AMS' sole and exclusive obligation under the
Limited Product Warranty.
Products or parts that are new or reconditioned to perform as new, shall be exchanged by AMS
upon receipt of the original Product or parts from the Purchaser and, upon the completion of
such exchange, the original Product or parts shall become AMS’ property. The Warranty Period
shall not be extended due to suspension of the use of the Product because of repair,
replacement, examination or for any other reason.
Subject to the
Purchaser’s compliance with the Warranty Claim Procedure set forth below,
transportation and
installation of warranty replacements shall be performed at AMS’ cost, and
AMS shall bear the risk of loss or damage to returned Product or parts while in transit.
AMS’ Limited Product Warranty shall be automatically void if: (i) any repair, alteration,
modification, customization, disassembling, addition or any other work is performed on the
Product by any person not authorized by AMS to do so; (ii) any alleged material defect,
including deterioration or wear, is a result of failure to observe the manufacturer’s instructions or
guidelines, abuse, misuse, improper operation, care or maintenance, unusual physical or
electrical stress and/or power surges, brown-out, chemical abrasion or improper chemical or
environmental conditions, leaking, fire, lightning,
force majeure
or superior force, accident, error,
negligence, or is a result of use for non-domestic or non-residential purposes or for any purpose
other than the
Product’s intended purpose; (iii) the Product is operated in conjunction with
accessories, other products, ancillaries or peripheral equipments or substances that have not
been previously approved in writing or validated by AMS; or (iv) Purchaser fails to comply with
the Warranty Claim Procedure set forth below.
THE LIMITED PRODUCT WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES OR CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED
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