Terms & Conditions
Last Revised: November 08, 2022
Art’s Manufacturing & Supply (AMS), Inc. Sampling Equipment
Any purchase from AMS, Inc. is bound by these Terms & Conditions. AMS, Inc. has an extensive selection of finished Goods in stock, which typically ship within one to two business days after receipt of order. Prices shown are Freight on Board (FOB) origin. AMS, Inc. does not guarantee safe delivery. The responsibility of damage in transit is the carriers, 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, Inc. 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.
Goods shipped via USPS, UPS, or FedEx are invoiced with an additional freight charge, unless otherwise specified. For international orders, the Buyer is responsible for all customs and import duties and fees. Custom manufactured orders require a 50% deposit at the time of order placement. Custom manufactured Goods are non-returnable. Unused Goods returned to AMS, Inc. for a credit will be subject to a minimum 15% re-stocking fee. Discounts are not valid on drills and other exclusions may apply. There are various terms of sale accepted at AMS, Inc., this includes major credit cards, PayPal, and check. If the Buyer prefers, there is also a “cash on delivery” option. In addition to the above payment methods, AMS, Inc. also offers lines of credit for qualified customers. 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. Goods net weights are shown in pounds.
Limited Warranty for AMS, Inc. Sampling Equipment
Goods manufactured by AMS, Inc. are warranted, under normal and intended use, to be free of defects in material or workmanship for a period of 30 days after the order was received by the end user under the following conditions:
Warranty is limited to the repair or replacement of Goods, which are determined to be defective through inspection and evaluation at AMS, Inc. by AMS, Inc. staff or a representative designated by AMS, Inc. Additionally, this warranty is rendered null and void if Goods are found to have been damaged due to misuse or has come in contact with any unforeseen obstacles in the field that the Goods were not intended to handle, i.e.: boulders, foundations, hardpan, frozen soil conditions, etc.
Shipping to and from AMS, Inc., American Falls, ID, of all Goods returned for repair and/or replacement will be the responsibility of the Buyer unless the Buyer and AMS, Inc. otherwise agree in writing. Any travel expenses for service visits by AMS, Inc. personnel, or their designated representative, will be the responsibility of the Buyer. An unauthorized repair or alteration of Goods will void this warranty in its entirety.
All Goods returned to AMS, Inc. must be certified free of contamination. A written statement certifying decontamination must accompany such Goods. If it is determined that the Buyer's equipment is contaminated, it will be returned to the Buyer at the Buyer's expense. Additionally, the Buyer will be responsible for any damages that AMS, Inc. may incur. Any expense incurred by AMS, Inc. for decontamination or inspection is the responsibility of the Buyer. Contaminated Goods will not be repaired, replaced, or covered under any warranty until such time that the said Goods are decontaminated by the Buyer.
Goods sold by, but not manufactured by AMS, Inc. are covered by each individual manufacturer, and are not covered under its AMS, Inc. 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 Goods 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 Goods for intended use.
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.
The Terms & 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 & 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. Prices and Goods are subject to change without notice.