Warranty, Terms and Conditions

All Make Solutions LLC.

ALL INFORMATION CONTAINED IN THESE TERMS AND CONDITIONS DESCRIBE YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR PURCHASE OF ANY PRODUCT(S) OFFERED BY ALL MAKE SOLUTIONS LLC THROUGH OUR WEBSITE(S) AND/OR ANY MOBILE APPLICATIONS, AND PURCHASES THROUGH ANY OF OUR OFFICES OR OFFICE PERSONNEL (COLLECTIVELY OUR "SITES”). IT IS YOUR OBLIGATION TO REVIEW THESE TERMS IN THEIR ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION WITH ALL MAKE SOLUTIONS LLC. YOU MAY BE DENIED ACCESS TO ORDER OR OBTAIN PRODUCTS AND RELATED SERVICES THROUGH OUR SITES UNLESS YOU: (1) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (2) ARE AT LEAST 18 YEARS OLD; AND (3) ARE NOT PROHIBITED FROM ACCESSING OR USING OUR SITES, OR ANY OF ITS CONTENTS OR PRODUCTS BY ANY APPLICABLE LAW, RULE, OR REGULATION.

1. Applicability of Terms and Conditions: These terms and conditions (these "Terms") apply to your purchase of products and related services through AMSConstructionParts.com, AMSParts.com, AllMakeShop.com, our mobile applications, and purchases through any of our offices or office personnel, (collectively the "Site"). These Terms are subject to change at any time without prior written notice by All Make Solutions, LLC., d/b/a AMS Parts, an Ohio corporation ("AMS Parts,” "we,” "us,” or "our”). The most recent version of these Terms will be posted for your review on the Site and may be updated from time to time. Please review these Terms in their entirety before engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which will be dated as of their most recent update) will constitute your acceptance of and agreement to any changes.
2. Online Orders: All orders are subject to availability. When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our sole discretion. We will only accept or reject an order in its entirety. Should we elect to accept your order, you will receive a confirming email at the email address provided at the time of order. Notwithstanding, we reserve the right to cancel any order accepted by us (as evidenced by a confirming email) at any time in our sole discretion.
3. Payment Terms: All applicable prices are set forth alongside the products offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for paying the price(s) stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit card, debit card, use of a bona-fide electronic payment provider (i.e., PayPal), or electronic check. By using any such card or payment procedure, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
4. Shipping Information: It is our responsibility to ship your accepted order to the physical address provided when making the order. You will be responsible for all associated shipping and handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we will not be responsible for any delays in shipments. Standard orders ship GROUND, which typically takes an additional 3 to 5 working days. RUSH service is available by selecting AIR shipment. (Next day AIR or 2nd-day AIR). All air shipments are considered RUSH orders. Typical RUSH orders ship within 48 hours. Larger RUSH orders may take more than 48 hours. Unique department requirements may also result in order delays regardless of shipping preference. Please call AMS Parts Customer Service at 800-255-6253 with questions regarding your order. Once the part(s) has been received, your signature for accepting the part(s) is also your acceptance of the part(s) condition. If you believe the part(s) has been damaged, is missing a part(s), or abused during or by the delivery company, this information MUST be documented on the receiving slip, and you MUST contact us within twenty-four (24) hours of receipt of the part(s).
5. Returns: At our sole discretion, we may honor the return or exchange of products within thirty (30) days of purchase. Products that have been used, installed, or modified will not be accepted for return or exchange. In addition, all products must be returned in a credentialed shipping container and packaging materials. Before shipping products or equipment for return or exchange, you must obtain a Return Authorization Number. Call 800-255-6253 for an authorization number. The Customer is 100% responsible for risk of loss, packaging, freight, and any additional cost arising from returning the item for any reason. There will be a restocking charge for all products that are returned or exchanged. Restocking charges are as follows: The charge is a minimum of 20% of each unit price of the products returned or exchanged. Your refund, if any, will be credited to the same payment method used to make the applicable purchase.
6. Representations & Warranties (R&W's); Disclaimers; Limitations on Liability:
1. Your R&W's: You represent and warrant to us as follows: (i) that you have the right to enter into any transaction contemplated hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the products and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind.
2. AMS PARTS WARRANTY: In the event of a defect in material or workmanship during the applicable warranty period, AMS Parts will repair or replace, at its option, the product. This is the sole remedy available to the Original User, and the only obligation that AMS Parts owes to the Original User in connection with this warranty. The warranty period is as follows: any NEW AMS final drive carries a 2 year warranty. Any other NEW, REBUILT or REMANUFACTURED product will carry a 6 month or 12 month warranty, dependent upon the specific part. Used products do not carry any warranty. Please ask your Sales Associate for specific warranty coverage on these parts. In some instances, on rebuilds and special orders, a refund may not be available. Please ask a sales associate for more information. In order to obtain warranty service, the Original User must contact Customer Service at 800-255-6253 to obtain a return authorization number prior to sending the product to AMS Parts service center in Middletown, Ohio, or a service location of its choosing. The Original User must include sufficient information that shows they are the Original User of the product, the nature of the defect, and contact and return shipping information for the Original User. If the Original User has done so, AMS Parts will repair or replace the product within ninety (90) days. If the product is found to be defective and repair or replacement is not possible, AMS Parts will refund the original purchase price of the Original User upon proof of the purchase price. AMS Parts will pay reasonable shipping costs for return surface transportation only. Any special handling, express or expedited service or different method of transportation will only be provided at the request and expense of the Original User. If the Original User cannot provide proof of its purchase price, AMS Parts may, at its sole discretion, refund the purchase price for that product as listed on AMS Parts Site as of the original date of purchase. AMS Parts shall not be responsible for labor, material, other parts, or any other costs incurred for the removal or reinstallation of our products, or any other cost incurred or required to remove, install, or re-install our products. AMS Parts shall not be responsible in any manner for other parts damaged, downtime, rental or replacement machines, or any other claims for damages.
3. CORE POLICY AND CORE EXCHANGE POLICY: Core exchange is required unless otherwise stated in writing. All cores are required to be returned within 30 days of the invoice date. Cores not returned in 30 days will be subject to the appropriate core charge and you authorize AMS Parts to charge the credit card or ACH given for payment. Additional fees may be applied, and customer will be responsible for all fees if the following core criteria is not met;
1. It is not an option for the purchaser to keep the "Old Core” by paying the "Core Deposit” unless agreed by the manufacturer or AMS Parts at the time of order. An "Old Core” must always be returned.
2. The "Old Core” must carry the same part number, or, subject to approval of the manufacturer or AMS Parts, the unit may be a substitute of the Reman unit purchased.
3. Unit must be returned complete as per the "Reman Unit” received, unopened, within 30 days from the date of purchase. If the "Core Unit” is returned disassembled, 10% of the "Core Charge" will be applied.
4. Any items initially installed on the unit purchased that are found to be missing on the returned "Core Unit” and/or non-reusable parts, such as: main housing, covers, pump heads, accessory pumps, servo controls, trunnions and physically damaged electro-mechanical devices such as probes, sensors and solenoids, etc. will be charged accordingly.
4. EXCLUSIONS This limited warranty applies only on the first piece of equipment where the product was first installed and does not apply to any product that AMS Parts determines has been subjected to: (1) operating or environmental conditions in violation of AMS Parts published specifications; (2) damage, misuse, or neglect; (3) improper installation, repair, modification or alteration; (4) disassembling or dismantling any part or components(s) of the unit, without direct written authorization from AMS Parts.(5) use for which the product was not intended or designed. AMS Parts warrants that products sold to the Original User will conform to the published specifications for the product on the date the product was shipped. AMS Parts reserves the right to make changes to AMS Parts products from time to time and has no obligation to alter products previously purchased to conform to the specifications of newer products. This warranty does not cover scratches or abrasions. AMS Parts shall have no liability to pay any costs for repairs performed by anyone other than AMS Parts or its designee, unless in each instance AMS Parts has given written approval for such repair. AMS Parts shall not be responsible for ANY costs incurred for the removal or reinstallation of products covered by this Limited Warranty.
5. SOLE AND EXCLUSIVE REMEDY/LIABILITY CAP: This Limited Warranty is AMS Parts only warranty for products. AMS PARTS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REMEDIES—WHETHER EXPRESS, IMPLIED, OR STATUTORY—INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AMS Parts also disclaims any implied warranty arising out of trade usage, course of dealing, or course of performance. Should the products be considered a consumer product as may be covered by the Magnusson-Moss Federal Warranty Act, please be advised that some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Under no circumstances will AMS Parts be liable for re-procurement costs, lost revenue or profits, loss of use, loss of data, or for any punitive, special, incidental, or consequential damages, even if they were foreseeable or Original User has informed AMS Parts of their possibility; and AMS Parts will not be liable for any damages claimed by Original User based upon any third-party claim(s). AMS Parts total liability to Original User for Original User's damages under these Terms will not exceed the price Original User paid to AMS Parts for the product(s) at issue in Original User's claim. This limitation will apply regardless of the form of action (i.e., whether the lawsuit is in contract or in tort, including negligence). Because some states do not allow exclusion or limitation of liability for consequential or incidental damages, in such states AMS Parts entire liability is limited to the full extent permitted by law. If Original User must return a product for any reason, please contact the AMS Parts Customer Service Department by calling 800-255-6253 for return procedures and shipping instructions.
6. INTERNATIONAL WARRANTY AND SHIPPING CLAIMS: Parts that are exported out of the United States either by AMS Parts or customer may still be eligible for warranty or replacement where applicable. However, regardless of outcome of warranty or cause of failure AMS Parts does not compensate for freight for international shipping either from USA to International Destination where part failed or from International Destination back to the USA. These terms also apply to where a customer receives the incorrect part due to incorrect order or where the wrong part is shipped by AMS Parts.
7. Privacy Policy and Site Terms of Use: The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site and ownership of our products. The Site Terms of Use governs your use of our Site in general.
8. Third Party Beneficiaries: These Terms are for your sole benefit and nothing herein, express, or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
9. Force Majeure: We will not be held responsible for delays or non-performance caused by activities or factors beyond our reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, epidemics, pandemics, adverse governmental conditions, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.
10. Assignment: We may assign or otherwise transfer any or all of our rights or obligations hereunder, in whole or in part, to any third party in our sole discretion. You may not assign any of your rights or delegate any of your duties at any time without our prior written consent in each instance, and any attempt to do so will be null and void.
11. Partial Invalidity: If any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
12. Governing Law: These Terms are governed by and construed in accordance with the laws of the state of Ohio without resort to conflict of laws rules. Each party irrevocably agrees that any action, suit, or other legal proceeding against them shall be brought in a court of the State of Ohio or in the United States District Court for the State of Ohio. By acceptance of these Terms, you irrevocably submit to and accept the jurisdiction of each of such courts and waive any objection (including any objection to venue, enforcement, or grounds of forum non conveniens) which might be asserted against the bringing of any such action, suit, or other legal proceeding in such courts. In the event any proceedings are commenced to enforce or construe these Terms or in relation to any products ordered pursuant to these Terms, then AMS Parts, upon prevailing in such proceedings, will be able to collect their attorney fees, court costs, and such other related expenses in defending or prosecuting such actions.
13. Intellectual Property OwnershipYou acknowledge that all right, title and interest in all patents, copyrights, trademarks, trade dress, trade secrets and other intellectual property embodied within, covering or in any way regarding our products is owned exclusively by AMS Parts or its licensor(s), and all rights with regard to such intellectual property are reserved. You represent, warrant and covenant that you will not claim any right, title or interest in, or use, any such intellectual property, all of which remain exclusively the property of AMS Parts or its licensor(s), and that you will not bring any suit or proceeding in an attempt to invalidate or claim any such intellectual property rights.
14. No Waivers: Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
15. Notices: We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You will be responsible for ensuring that you have provided us with your current email and mailing address. You can contact us at any time by any of the following means: (i) email at: Todd.Farler@amsparts.com; (ii); telephone at: 800-255-6253; or (iii) personal delivery, overnight courier, registered, or certified mail to: AMS Parts, 2710 S. Main St., Middletown, OH 45044
16. Indemnification: You will indemnify and save AMS Parts harmless from all claims, losses, damages, expenses (including reasonable legal fees) and liability resulting from or in any way connected, directly or indirectly, with a breach of your obligations under these Terms, third party claims, or with the possession, handling, sale or use of the products or any goods made from the products delivered hereunder.
17. Entire Agreement: These Terms, along with the confirmation email referenced in Section (2) above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, and our 'Site Terms of Use' and 'Privacy Policy,' will, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof and supersede any prior verbal or written communications between us regarding the subject matter hereof. Any additional or different terms in any purchase order, invoice, order form or other document provided by you in connection with any order of or payment for products will be of no force or effect. The parties specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.