Terms & Conditions
These Terms and Conditions govern your use of Albany Magneto Equipment, Inc., an Oregon corporation (“AME”), website (the “Website”) and your purchase of AME products through the Website. By using this Website to purchase our products or for other purposes, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our Website for any purpose.
By using this Website and by agreeing to these Terms and Conditions, you represent and warrant that you are at least eighteen (18) years of age.
License to Use Website.
Unless otherwise stated, AME and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license granted herein, all these intellectual property rights are reserved. You may view and print Website content for informational, non-commercial purposes only, and you make purchases from the Website for your own personal use or for the use by a business entity that you represent and by whom you are authorized to make such a purchase. You may not republish material from the Website; sell, rent or sub-license content on the Website or products purchased from the Website unless previously authorized by AME in writing; or reproduce, duplicate, copy, or otherwise exploit content on the Website or products purchased from the Website.
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
No Website Warranty.
This Website is provided “as is” without any representations or warranties, express or implied. AME makes no representations or warranties in relation to this website or the information and materials provided on the Website. Without prejudice to the generality of the foregoing, AME does not warrant that this Website will be constantly available or available at all; nor does AME warrant that the information on this Website is complete, true, accurate or non-misleading. Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
Nothing in the above stated warranty disclaimers will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in the above disclaimer will exclude or limit liability in respect of any death or personal injury caused by AME’s negligence, fraud or fraudulent misrepresentation on the part of AME, or matters which it would be illegal or unlawful for AME to exclude or limit its liability.
You agree to indemnify and hold AME, its subsidiaries, affiliates, officers, agents, and other partners, and employees, harmless from any loss, liability, claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the Website in violation of these Terms and Conditions and/or arising from breach of these Terms and Conditions and/or any breach of your representations and warranties herein.
Ownership of Website Content.
AME owns and retains all proprietary rights in the Website and its products. The Website contains copyrighted material, trademarks, and other proprietary information of AME. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, except for that information which is in the public domain or for which AME has given prior written permission for you to use.
Links to Third Party Sites.
The Website may provide links to other websites or resources. Because AME has no control over such websites and resources, you acknowledge and agree that AME is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources.
Use by Children.
AME is committed to protecting the privacy of children. You should be aware that the Website is not intended or designed to attract children under the age of 18. In addition, we require all customers to be at least 18 years old in order to use our Website for any purpose, including purchasing products.
AME may transfer, assign, or sub-contract any or all of its rights and obligations under these Terms and Conditions without notice or consent. You may not transfer, assign or sub-contract any of your rights or obligations under these Terms and Conditions.
AME’s products are refined, modified, and improved on a regular basis; therefore, specifications for AME’s standard products as provided on the Website are subject to change without notice.
Limited Product Warranty.
AME will repair or replace, at its expense and at its option, any windshield wiper product assembly, fractional horsepower motor or component which has proven to be defective in its workmanship or material for a period of 2 years from the date of purchase (“Warranty Period”), so long as the product was used in accordance with AME recommended practices. To make a claim under this warranty, customer must return the product to AME or an authorized distributor, at customer’s expense, within the Warranty Period. AME will reimburse the customer for authorized repairs, for up to one hour of labor at an hourly rate, not to exceed $120. This warranty is AME’s sole product warranty and sets forth the customer’s exclusive remedy with respect to defective wiper products and fractional horsepower motors. Wiper blades are excluded from this warranty.
AME DOES NOT WARRANT THE PERFORMANCE OR FITNESS OF ITS PRODUCTS FOR ANY PARTICULAR USE. AME IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH ITS PRODUCTS. AME IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO USERS AND/OR CUSTOMERS. UNDER NO CIRUCMSTANCES WILL AME BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO CUSTOEMRS. THE WEBSITE IS PROVIDED “AS IS.” AME DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE.
Risk of Loss.
Title and risk of loss to all products purchased through the Website shall pass to the purchasing customer upon tender of goods by AME to a carrier for shipment. All goods are F.O.B. AME’s facilities in Jefferson, Oregon, unless otherwise specified in writing by AME.
Acceptance of Goods and Returns.
Products purchased through the Website shall be deemed accepted by the purchasing customer upon receipt unless, within a reasonable amount of time after such date of receipt, customer desires to return or exchange the product(s) and notifies AME of the basis for such return or exchange. In the event of a defective product, the warranty terms stated herein shall apply. To request a return or exchange of a non-defective product, customer must notify AME of its intent to return or exchange by calling (541) 327-1546. AME may require your full name, address, contact phone number, order number, and a brief description of the issue concerning the return. All return inquiries must contain complete information to be considered for a Return Goods Authorization (RGA). When a return request is approved, customer will receive a RGA number from Customer Services. Customers are responsible for all shipping charges when sending returns to AME. Shipping charges on orders will not be refunded. All returns for refunds are subject to a 20% restocking fee at AME’s sole discretion.
Limitation of Liability.
IN NO EVENT SHALL AME’S LIABILITY TO CUSTOMERS ARISING OUT OF OR RELATED TO PRODUCTS PURCHASED THROUGH THE WEBSITE EXCEED THE PURCHASE PRICE PAID BY CUSTOMER TO AME. IN NO EVENT SHALL AME HAVE ANY LIABILITY WHATSOEVER ARISING FROM YOUR USE OF THE WEBSITE. YOUR USE AND BROWSING OF THE WEBSITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE. UNDER NO CIRCUMSTANCES WILL AME OR ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO USE OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR ANY MATERIALS OBTAINED AT ANY OR ALL SUCH WEBSITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEBSITES; INTERRUPTION; DELETION; DETECTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM) WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT AME WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AME SHALL NOT HAVE ANY LIAIBILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
Modification of Terms.
AME may revise these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of this Website from the date of the publication of the Revised Terms and Conditions on this Website. Please check the Website regularly for any changes in the Terms and Conditions.
If a provision of these Terms and Conditions is determined by a court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These Terms and Conditions constitute the entire agreement between you and AME in relation to your use of the Website and/or your purchase of AME products via the Website supersede all previous agreements in respect of your use of the Website.
Governing Law and Jurisdiction.
By using the Website, you expressly agree that, in the event of a dispute arising out of the Website or purchase of products via the Website, any such dispute shall be governed by the laws of the State of Oregon, without regard to conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Oregon for the resolution of any such dispute.