AMS, Inc. Terms and Conditions

AMS Hand Sampling Equipment

AMS maintains an extensive warehouse of finished product and will usually be able to ship orders within 24 hours of receipt. Prices shown in this price list are fob American Falls, Idaho. Products are shipped UPS or FedEx and the freight is added to the invoice unless otherwise specified. International orders are subject to a taxes and duties charge by customs, which AMS is not responsible for. Orders received from Idaho will have 6% sales tax added to the invoice. Terms of sale are check in advance, Visa, MasterCard or American Express. Credit terms are available after verification. C.O.D. is also available. An account over 30 days will be charged 1 3/4% per month on any unpaid balance, (21% per annum) with a minimum of $5.00 per month finance charge. Products net weights are shown in pounds. Prices and products shown in this price list are subject to change without notice.

Custom manufactured orders require a 50% deposit at the time of order placement. Custom order items are non-returnable.

Unused products returned to AMS for credit will be subject to a 15% re-stocking fee.

AMS does not guarantee safe delivery. The responsibility of damage in transit is the carrier's, whether it be visible or concealed. Inspect shipments immediately and insist that visible damages be indicated on your copy of the freight bill. Open shipments immediately and inspect them for concealed damage. In case of damage, notify the delivering carrier immediately, requesting that an inspection be made. Confirm all telephone requests in writing and keep records. AMS has taken every precaution to ensure a safe delivery, but our responsibility ceased when we turned the shipment over to the carrier. You, our customer, must make all claims for damage immediately to the carrier.

Limited Warranty for AMS Hand Sampling Equipment

Products manufactured by AMS, Inc. (Art's Manufacturing & Supply, Inc., American Falls, ID) are warranted, under normal and intended use, to be free of defects in material or workmanship for a period of thirty (30) days from the date of purchase under the following conditions:

Warranty is limited to the repair or replacement of part or parts, which are determined to be defective through inspection and evaluation at AMS by AMS staff or a representative designated by AMS. Additionally, this warranty is rendered null and void if the product is found to have been damaged due to misuse or has come in contact with any unforeseen obstacles in the field that the equipment was not intended to handle, i.e.: boulders, foundations, etc.

Shipping to and from AMS, American Falls, ID, of all products returned for repair and/or replacement will be the responsibility of the Buyer unless the Buyer and AMS otherwise agree in writing. Any travel expenses for service visits by AMS personnel or their designated representative will the be the responsibility of the Buyer. An unauthorized repair or alteration of equipment will void this warranty in its entirety.

All equipment returned to AMS, Inc. must be certified free of contamination. A written statement certifying decontamination must accompany such equipment. If it is determined that the Buyer's equipment is contaminated, it will be returned to the Buyer at the Buyer's expense and the Buyer will be responsible for any damages that AMS may incur. Any expense incurred by AMS for decontamination or inspection is the responsibility of the Buyer. Contaminated equipment will not be repaired, replaced or covered under any warranty until such time that the said equipment is decontaminated by the Buyer.

Equipment sold by, but not manufactured by AMS, is covered by each individual manufacturer and is not covered under its AMS warranty. In no event or circumstance will AMS, Inc., or its representative be liable for injury, damage, or loss, direct or consequential, incidental, indirect, punitive or special, arising out of the use or inability to use equipment sold by AMS, Inc. All liability and risk is assumed by the Buyer from the time of delivery. The Buyer will be solely responsible for used and suitability of equipment for intended use.

AMS PowerProbe Systems

AMS, Inc. is the manufacturer of Powerprobe and Groundwater sampling systems (AMS systems). AMS warrants the “AMS systems" to be free from defects in materials and workmanship for a period of 365 days following purchase, except as follows:

Service replacement items; including light bulbs, oil, air and fuel filters, seals, brake linings and tires.

Items warranted by the original equipment manufacturer including:

Battery; Warranty through the local distributor or service center.
Hydraulic Hammer; Warranty through local distributor.
Gas Motor; Warranty through local distributor service center.
Diesel Motor; Warranty through local distributor service center.
Mast Hydraulic Cylinders; Customer is responsible for freight to American Falls, Idaho for warranty consideration.
Other Hydraulic Cylinders; Customer is responsible for freight to American Falls, Idaho for warranty consideration.
Other Hydraulic Components; Customer is responsible for freight to American Falls, Idaho for warranty consideration.
Warranty will be void on any item or product that has been added to or altered without the expressed written permission of AMS.
This warranty is subject to the condition that the item to be warranted was not neglected, abused, over loaded or otherwise used in a manner for which it was not designed.
AMS will assist in the resolution of all warranty claims. AMS should be contacted at the first sign of a warrantable issue.
The customer will inspect the AMS system for any obvious defects at the time of delivery. AMS will be notified of the defect within five (5) days of receipt of the AMS system. The customer shall be responsible for returning the defective item to AMS or the manufacturers service center, if so advised by AMS. The customer will be responsible for the freight and insurance for the shipment. If the manufacturer and AMS determine that the item was defective in materials or workmanship, they will return the repaired or replaced item to the customer, freight prepaid.
If the item(s) subject to warranty are too large to ship, AMS or their authorized representative will travel to the job site and make the required repairs, but will bill the customer for all travel expenses incurred. AMS or their authorized representative (at AMS's expense and discretion) will replace or repair any part found to be of faulty workmanship or be defective. AMS has the right to substitute parts of like kind and quality of required. If it is determined the subject component failed because of abuse, misuse or overloading, then the customer will be billed for not only the defective part, but all costs incurred by AMS in addition thereto.

AMS Vehicle Mounted Units

If the AMS system is mounted on a motor vehicle, only the vehicle manufacturers warranty will apply to the vehicle or trailer and any accessories fitted thereto. As an original equipment manufacturer, for vehicles supplied by AMS, the manufacturers warranty will automatically be transferred.

Ultimately the size and/or GVW of the Carrier unit is the decision and responsibility of the CLIENT.

These responsibilities are: To ensure that the total weight of the AMS system and Carrier Unit, including all applicable accessories, tools, and tooling are under the GVW ratings. To maintain the AMS system and carrier unit in compliance with Federal, Applicable State, and Local Regulations.

It is the responsibility of the CLIENT to load and operate the AMS system in a safe and reasonable manner.

For customer supplied vehicles, to which AMS installs an AMS system, AMS will only warrant those items supplied and fitted by AMS. For example, if a vehicle is supplied by a customer with a PTO and hydraulic pump already installed, these items will be deemed customer items and are not covered by the AMS warranty.

AMS PowerProbe Tooling

AMS supplies tooling, sampling equipment and accessory items for the AMS systems. These are excluded from the AMS system warranty described above. These items are warranted to be free from defects in materials and workmanship, (under normal use) for a period of 30 days from date of delivery to the customer. Breakage, deformation and surface damage are excluded as these items are normally subject to tooling sent back for warranty evaluation will be at the customer's expense.

SELLER MAKES NO WARRANTY THAT THE PRODUCTS SOLD HEREUNDER SHALL BE OF MERCHANTABLE QUALITY EXCEPT AS SET FORTH HEREIN, NOR DOES AMS WARRANT THAT THE PRODUCT SHALL BE FIT FOR ANY PARTICULAR PURPOSE, NOR ARE THERE ANY OTHER WARRANTIES EXPRESSED OR IMPLIED BY OPERATION OF LAY OR OTHERWISE.

Severability

It is understood and agreed to by the parties hereto that if any part, term or provision of this warranty is (by the courts) held to be illegal or in conflict with any law (either state or federal), the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the parties shall be concluded and enforced as if this warranty did not contain the particular part, term or provision held to be invalid.

Miscellaneous

The terms and conditions hereof and any litigation hereunder shall be constructed according to the laws and venue of the State of Idaho, USA. No waiver by either party or breach of any of the terms and conditions herein contained shall be construed as a waiver of any succeeding breach of the same or any other term and condition hereof. This document shall constitute the full understanding of the parties. Neither party shall claim any modification, limitation, or release from any of the terms or conditions contained herein except by mutual agreement to that effect in writing and signed by the parties to be bound.

All equipment returned to AMS, Inc., must be certified free of contamination. A written statement certifying decontamination must accompany such equipment. If it is determined that the customer's equipment is contaminated it will be returned to the customer at the customer's expense and the customer will be held liable for any damages that AMS may incur. Any expense incurred by AMS for decontamination or inspection is the responsibility of the customer. Contaminated equipment will not be repaired, replaced or covered under any warranty until such time that the said equipment is decontaminated by the customer.