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Limited Product 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 Limited 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; (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 WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD
PARTY RIGHTS OF ANY KIND, MADE OR INTENDED BY AMS OR ITS AUTHORIZED DISTRIBUTORS.
IN NO EVENT SHALL AMS BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE PAID BY
THE PURCHASER FOR THE PRODUCT, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SIMILAR DAMAGES, WHETHER FORESEEABLE
OR UNFORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE
PRODUCT, INCLUDING THE ABILITY OR THE INABILITY TO USE THE PRODUCT.
The terms hereof and any action in connection therewith, regardless of form, shall be interpreted and construed
in accordance with the laws of the Province of Québec and the laws of Canada applicable therein, without
giving effect to principles of conflicts of laws. If a provision of this Limited Product Warranty is determined to be
invalid, illegal or unenforceable, all other provisions will remain in full force and effect.
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