September 29 2015
Welcome to the “About Me” page of Action Mining Services Inc. (also known as AMS and Action Mining). Our goal on this page is to help buyers of ‘used and/or refurbished’ Action Mining equipment avoid being victimized by counterfeiters. AMS has been in business since 1979 manufacturing quality equipment at a reasonable price. We have always taken pride in our name and products. We feel we can best continue to accomplish this by making sure you:
• Know the Law;
• Know Your Rights;
• Know how genuine Action Mining Services goods are distributed;
• Know What to Look For; and
• Know Whom to Ask
NOTE TO EBAY SELLERS: Due to the volume of counterfeit and infringing listings and the time involved in obtaining seller contact information, Action Mining does not communicate directly with sellers prior to requesting a takedown of infringing listings. We regret the necessity of this action, but the need to keep counterfeit products off of eBay and other sites must be given greater priority.
Brand names and logos, sometimes are used in a decorative manner, but they are not mere decorations. Among other things, they tell consumers the source (i.e., the manufacturer) of the goods they buy and who they may be able to turn to if the goods don’t perform properly. Our equipment always has a serial number, an Action Mining sticker with our logo and in regards to our Micron Mill Wave Tables (aka Wave Tables, M7 shaker tables, M7 WT), our name is embedded in the fiberglass tops and cut into the metal table leg.
Know the Law
It is illegal (and in most states a criminal act) for anyone to create trademark-bearing goods intended for sale without written permission directly from the trademark owner. Action Mining Services has given NO permission to re-create our products or refurbish them. There are no exceptions. It is also illegal to resell such goods. Note that making minor changes to the equipment or stating it as ‘refurbished’ or changing the shape of a logo or changing the words inside of a logo does not change this. There is no “X% of change” that creates a safe harbor for the unauthorized use of trademarks or logos or counterfeiting goods.
Know Your Rights
You do have the right to resell, without the need for a license or other permission, genuine, authorized goods obtained legally. There are currently only 2 authorized resellers of AMS new equipment and supplies - Kendell Mining Equipment (KMEC) and Gold Co.
You don’t have the right to use genuine Action Mining products to create completely new and different items. The presence of our name on any goods offered for sale tells prospective purchasers that the entire object came from Action Mining.
You don’t have the right to alter our product when you intend to sell the result. Companies have a very basic right – and an obligation -- to control what goods bearing their marks look like, what they’re made of, the quality of all the component parts, and the labor practices employed in their manufacture. As long as our name remains on the goods, they may only be resold in the same form in which they were originally obtained. Refurbishing our equipment outside of our facility is prohibited.
You don’t have the right to use AMS, Action Mining, Action Mining Services Inc, or the use of M7 or Wave Table in the title of your listing if the entire product offered was not actually manufactured by Action Mining.
Know how genuine Action Mining Services products are distributed
Before you invest a lot of money in equipment, investigate the source. Don’t merely take their word that the goods are claimed to be genuine. Call us to verify a serial number at least. Refurbishing our equipment for resale, outside of our facility is prohibited. The only way to be certain that the (new) goods you are purchasing are genuine AMS goods is to purchase them directly from us or an authorized representative listed on our website and catalog. In almost any other situation, especially purchasing (used) goods, you are at risk of receiving a counterfeit product.
Know What to Look For
There is no single piece of information that will help you avoid being deceived by counterfeit goods. A little common sense, however, will go a long way. First, call us with a serial number. Additionally, our table tops have a special blue/gray undercoat pattern. The table metal bases are professionally welded and powdered coated. Our name (actionmining.com) is cut into one of the legs. All of the materials used are of high quality. In over 25 years of selling Wave Tables only a couple M7 tables have ever been sold through leasing companies - never in Utah or Mexico.
Know whom to ask
Action Mining is happy to answer questions or to assist you in determining whether something you’re interested in buying is genuine or counterfeit. We can be reached by e-mail at email@example.com or call us at 503 826-9330.
Vice President - CFO