WARRANTY - AM COMPUTERS

One-Year Limited Warranty Agreement

AM Computers, hereafter called the “Company,” whose office is located at 229 Main St. W., Port Colborne, ON, L3K 3V7, extends the following one-year limited warranty to the purchaser hereafter referred to as “Owner,” who has purchased from the Company the said item as per the invoice given for the product.

The commencement date of the warranty is the date of the invoice paid in full and extends for a period of one year.

1. Coverage on Consumer Products

The Company expressly warrants to the original Owner of the product that the product will be free from defects in materials and is not responsible to the Owner in noncompliance with the standards set forth in the Limited Warranty Guidelines in effect on the date of this limited warranty, included in the original product guide which are part of this warranty.

2. Coverage on Consumer Products

For purposes of this Limited Warranty Agreement, the term “consumer products” means all appliances, equipment and other items that are consumer products for the purposes of the Magnuson-Moss Warranty Act (15 U.S.C., sections 2301-2312) and that are located in the possession of the Owner on the commencement date of the warranty. The Company expressly warrants that all consumer products will, for a period of one year after the commencement date of this warranty, be free from defects resulting from noncompliance with the generally accepted standards in the state in which the product is located, that assure quality of materials and workmanship. Any implied warranties for merchantability, workmanship, or fitness for intended use on any such consumer products shall terminate on the same date as the express warranty stated above. Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. The Company hereby assigns to the Owner all rights under manufacturers’ warranties covering consumer products. Defects in items covered by manufacturers’ warranties are excluded from coverage of this limited warranty, and the Owner should follow the procedures in the manufacturers’ warranties if defects appear in those items. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.

3. Company’s Obligations

If a covered defect occurs during the one-year warranty period, the Company agrees to repair, replace, or pay the Owner the reasonable cost of repairing or replacing the defective item. The Company’s total liability under this warranty is limited to the purchase price of the product stated above. The choice among repair, replacement, or payment is the Company’s. Any steps taken by the Company to correct defects shall not act to extend the term of this warranty. All repairs by the Company shall be at no charge to the Owner and shall be performed within a reasonable length of time, defined as 30 days from the date on any warranty work order issued by the Company unless other scheduling is arranged with the Owner.

4. Owner’s Obligation

Owner must provide normal maintenance and proper care of the product according to this warranty, the warranties of manufacturers of consumer products, and generally accepted standards of the state in which the product is located. The Company must be notified in writing, by the Owner, of the existence of any defect before the Company is responsible for the correction of that defect. Written notice of a defect must be received by the Company prior to the expiration of the warranty on that defect and no action at law or in equity may be brought by the Owner against the Company for failure to remedy or repair any defect about which the Company has not received timely notice in writing. The Owner must provide the Company with access to the product during normal business hours, Monday through Saturday, 8:00 a.m. to 11:00 p.m., to inspect the defect reported and, if necessary, to take corrective action.

5. Insurance

In the event the Company repairs or replaces or pays the cost of repairing or replacing any defect covered by this warranty for which the Owner is covered by insurance or a warranty provided by another party, Owner must, upon request of the Company, assign the proceeds of such insurance or other warranty to the Company to the extent of the cost to the Company of such repair or replacement.

6. Consequential or Incidental Damages

Consequential or incidental damages are excluded from this warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

7. Other Exclusions

The following additional items are excluded from limited warranty:

Defects in any item that was not part of the original product as sold by the Company.
Any defect caused by or worsened by negligence, improper maintenance, lack of maintenance, improper action or inaction, or willful or malicious acts by any party other than the Company, its employees, agents, or trade contractors.
Normal wear and tear of the product or consumer products in the product.
Loss or damage caused by acts of God, including but not limited to fire, explosion, smoke, water escape, changes that are not reasonably foreseeable in the level of underground water table, glass breakage, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, and earthquakes.
Any defect or damage caused by changes in the grading or drainage patterns or by excessive watering of the ground of the Owner’s property or adjacent property by any party other than the Company, its employees, agents, or trade contractors.
Any loss or damage that arises while the product is being used in the manner it was purposed for.
Any damage to the extent it is caused or made worse by the failure of anyone other than the Company or its employees or agents to comply with the requirements of this warranty or the requirements of warranties of manufacturers of parts, software, or devices.
Any defect or damage that is covered by a manufacturer’s warranty that has been assigned to Owner under paragraph 2 of this Limited Warranty.
Failure of Owner to take timely action to minimize loss or damage or failure of Owner to give the Company timely notice of the defect.
Insect or animal damage.

8. Arbitration of Dispute

The Owner shall promptly contact the Company’s warranty department regarding any disputes involving this Agreement. If discussions between the parties do not resolve such dispute, either party may, upon written notice to the other party, submit such dispute to arbitration. The arbitrator shall proceed under the construction industry rules of the American Arbitration Association. The award of the arbitrator shall be final, conclusive, and binding upon the parties. The expenses of the arbitrators shall be shared equally, but each party shall bear its own fees and costs.

9. Exclusive Warranty

The Company and the Owner agree that this limited warranty on the product is in lieu of all warranties of habitability or workmanship, or any other warranties, express or implied, to which owner might be entitled, except as to consumer products. No employee, trade contractor, or agent of the Company has the authority to change the terms of this one-year limited warranty.