Amperor Products
General Terms
EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY, AMPEROR, INC. (AMPEROR) MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMPEROR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIMITED WARRANTY. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. SOME STATES DO NOT ALLOW A LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS. IN SUCH STATES, SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOU.
This Limited Warranty extends only to the original purchaser of this Amperor branded product and is not transferable to anyone who obtains ownership of the Amperor branded product from the original purchaser through sale or lease.
The Amperor Guarantee
Amperor guarantees that all Amperor-branded products are designed, manufactured and tested to be defect free and fit for the specific purpose(s) for which they are sold.
No goods should be returned without receiving a Return Material Authorization number (RMA) from the Amperor customer service department. See Return & Exchange Policy for more details.
This guarantee does not cover improper use, alterations, accidental damage or lack of care, and excludes claims for consequential loss.
Amperor products are manufactured using new materials or new and used materials equivalent to new in performance and reliability. Spare and replacement parts may be new or equivalent to new based on availability and Amperor’s discretion.
General Descriptive Matter
Whilst every effort is made to ensure accuracy, all specifications, illustrations or other details contained in any price list, product description, or otherwise communicated to the purchaser are intended to merely present a general idea of the product and nothing contained in any of them shall form part of the contract between Amperor and the purchaser.
If the description of any products not of Amperor's manufacture contained in any correspondence or advertising material varies from that of the manufacturer's description, the manufacturer's description will be deemed to be the correct description, and shall take precedence over Amperor's description. The manufacturer's description is available from Amperor upon request.
Product performance and suitability
Unless any product performance figures, tolerances, characteristics or suitability have been expressly warranted by Amperor, Amperor shall be under no liability whatsoever for any failure to attain such figures or suitability, whether attributable to Amperor's negligence or otherwise.
The responsibility for ensuring that products are sufficient and suitable for the purchaser's requirements is the purchaser's sole responsibility, save insofar as Amperor have specifically advised the purchaser that the products are sufficient and suitable for the purchaser's purposes having been fully and accurately advised by the purchaser of his requirements.
Country of Origin
Products offered for sale by Amperor may originate from a Non-US source. Unless otherwise confirmed by Amperor in writing, nothing published by Amperor is to be taken as representation of the source of origin, manufacture or production of the products or any part thereof.
Warranty
Amperor warrants that it will, at its option, replace, repair, or refund/credit the purchase price of products supplied by Amperor in which under proper use defects appear, subject to the claim being made in writing to Amperor within 12 months of shipping, also providing that the items are returned to Amperor within that period suitably packaged and shipping paid with all associated parts, accessories, original software media, and literature.
Returned products must be accompanied by both: proof of purchase/invoice number and a RMA - obtained from the customer service department at Amperor.
Any replaced products shall become the property of Amperor.
Subject as expressly provided in these terms and conditions, and except where the products are sold to a person dealing as a consumer, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Limit of Liability
The purchaser will be responsible for ensuring the fitness for purpose of the products for the purchaser's application unless the purpose is previously notified.
You should make periodic backup copies of the data stored on your storage devices as a precaution against possible failures, alteration, or loss of the data. Before returning any item for service, be sure to back up data and remove any confidential, proprietary, or personal information. Amperor is not responsible for damage to or loss of any programs, data, or removable storage media. Amperor is not responsible for the restoration or reinstallation of any programs or data.
Amperor does not warrant that the operation of this product will be uninterrupted or error-free. Amperor is not responsible for damage that occurs as a result of failure to follow the instructions that came with the Amperor branded product.
Amperor accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided, whether or not due to Amperor's negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from personal injury.
Amperor shall not be liable to the purchaser by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of contract with the purchaser, for any indirect, special or consequential loss or damage (whether loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by negligence of Amperor, its employees or agents or otherwise) which arise out of, or in connection with the supply of the products or their use or resale by the purchaser.
The entire liability of Amperor under or in connection with the contract with the customer shall not exceed the price of the products, except as expressly provided in these terms and conditions.
Force Majeure
Amperor shall not be liable to the purchaser or deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of Amperor's obligations in relation to the products, if the delay or failure was due to any cause beyond Amperor's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Amperor's reasonable control:
- Act of God, nature, explosion, flood, tempest, fire or accident
- War or threat of war, sabotage, insurrection, civil disturbance or requisition
- Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any federal, state or local authority
- Import or export regulations or embargoes
- Strikes, lock-outs, or other industrial actions or trade disputes, (whether involving employees of Amperor or a third party)
- Difficulties in obtaining raw materials, labor, fuel, parts or machinery
- Power failure or breakdown in machinery
- Nationally recognized holidays
Law
Any sales transacted by Amperor are to be governed solely by the State of Texas and the parties agree to the exclusive jurisdiction of Texas courts.
This limited warranty gives you specific legal rights. You may also have other rights that may vary from state to state or from country to country. You are advised to consult applicable state or country laws for a full determination of your rights.
