|
COMPANY POLICES AND WARRANTY INFORMATION |
| |
|
PURCHASER
RESPONSIBILITIES |
- It is Purchasers
responsibility to read our disclaimers, policies and warranties.
We provide extensive on-site information, prepared by us and
others for Purchasers use. However, we do not guarantee the
accuracy or content of any information provided. It is Purchasers
responsibility to read, understand and apply the information
available to Purchasers installation
- We cannot be
responsible if Purchaser purchases the wrong unit, for the wrong
application or with the wrong specifications
|
GENERAL
CONDITIONS OF SALE |
- Bowers
is an equipment supplier, We are not engineering consultants,
contractors or installers. All material is supplied on the terms
stated on the quote or sales invoice. We not allow retentions,
holdbacks or payment upon acceptance.
- Sales Taxes will
be collected on all orders in Washington State, unless the item is
for resale and
Bowers has a
resale card on file at the time of the transaction. There are no
sales taxes collected for sales in other states. If sales tax is
required to be paid locally - it is Purchasers responsibility to
pay all applicable taxes
- All quotations
will be valid for 10 days and will automatically expire unless a
written extension is provided by an officer of
Bowers.
- Permits, duties,
GST, licenses and government fees and any other incidental costs
are NOT included in any quote or sales price.
- Offloading, fuel,
installation, placement and setting are NOT included in any quote
or sales price.
- Startup
inspection, Installation costs, pre-inspection and other labor and
materials not specifically stated in any quotation or sales are
NOT included in the transaction.
- Freight is NOT
included unless specifically stated and will be billed at actual
cost of the cost as stated in the quote or sales invoice and if
not stated, freight will be billed in accordance with our normal
policy.
- Delivery Terms,
unless otherwise expressly provided, the prices shown are FOB
point of shipment. Risk of loss of the Goods passes from Bowers
to the Purchaser upon delivery of the Goods to a carrier at that
FOB point. Purchaser shall be deemed to have accepted the goods
as conforming to the contract if Purchaser doesn't not notify
Bowers to the contrary in writing within 5 days after delivery of
the Goods to Purchaser
- Quotes are based
on WRITTEN quotations. The size, suitability for use and
compliance with local regulations for the generator Purchaser
purchase is Purchasers responsibility.
- Purchaser must
take proper precautions to prevent damage, overloading or misuse
of the equipment provided. We are not responsible for damage
caused by improper installation, misuse, treatment or maintenance
of the equipment. Read the manual and/or hire a professional
installer or generator maintenance technician.
-
Please see the Installation and Operation manual supplied with
Purchasers machine for information regarding proper installation,
service and operation of Purchasers new generator. Bowers service
technician phone assistance is available at $125.00 per hour,
minimum charge $75.00 credit card required.
-
Specifications, features, controls and other
data subject to change, substitution or modification without
notice. Some data provided may be approximate. We recommend that
Purchaser review the review Product Details, Product Brochures and
Warranty for this product carefully. All equipment should be
sized, installed, started and maintained by professionals or
knowledgeable users. The buyer is responsible for selection of
equipment, Bowers
accepts no engineering, sizing or suitability responsibilities in
connection with Purchase. All sales subject to conditions of sale
posted on this page. All policies are subject to change without
notice.
- Prices are subject
to change without notice.
- We reserve the
right to cancel or reject any sale at anytime. If
Bowers
should cancel or
reject Purchasers order
Bowers
will immediately notify Purchaser of our decision and will refund
Purchasers payment, if any, in that same manner in which we
received payment.
|
PAYMENT
AND FINANCE POLICIES |
- A orders are
considered cash sales and must be paid for in advance of delivery
- 20% with order, the balance before shipment. . We may extend
credit terms to businesses at our option, with credit approved in
advance of the order - Sales on account are at a higher price than
our Cash Prices. We reserve the right to deny credit to anyone at
anytime. We may accept MasterCard and Visa for shipments in
the continental US, a card processing fee will be added to the
sales amount.
- Deposits will be
retained by
Bowers and
applied to cancellation fees, restocking charges, delivery,
storage or other fees due for cancellation or refusal to accept an
order and deposits may be applied to any outstanding balance for
other sales or will may be returned at our discretion.
- All invoices which
are past due are subject to an interest charge of 1.5% per month
(18% per annum) from the shipment date. Invoices are payable at
Bowers. PO Box 600, Kent WA 98035-0600. IF Purchaser fails to
timely pay Bowers, Bowers shall be entitled to all of it's actual
expenses incurred in collecting from Purchaser (whether or not
suit is filed) including attorney's fees, court costs, costs of
enforcing a judgment and all other associated expenses.
- Security Agreement
- Purchaser hereby grants Bowers a security interest in the Goods
to secure payment of all sums due under our invoice and Purchaser
agrees to execute any documents or provide any information
reasonably required by Bowers for perfection of this security
interest. Purchaser shall not sell, dispose of, attempt to convey,
or remove the goods from the country where originally delivered
until our invoice shall have been paid in full.
- Delivery Delays -
Delivery estimates represent Bowers best judgment based upon
information received from manufacturers and suppliers. Estimated
delivery dates will be projected from the date of receipt of
complete manufacturing information including necessary blueprints,
Purchasers acceptance of specifications and other information
necessary for delivery. In no event shall Bowers be liable for
general damages, incidental damages, consequential damages, lost
profits or loss of use of the Goods due to delay in delivery.
GOVERNING LAW
- Governing Law:
Jurisdiction and Venue - this sale shall be governed by the laws
of the state of Washington. In the event of legal action arising
from or relating in any way to this sale. Purchaser hereby
consents to exclusive jurisdiction and venue in the Superior Court
of Washington for King County.
|
ORDER
CANCELLATION or REFUSAL TO ACCEPT PRODUCTS ORDERED |
- Our receipt of
purchase order or communication committing to the order (the
"order"), is the date of order.
- Orders that are
cancelled on or after the date of order are subject to a
cancellation charge of up to 50% of the order total. This charge
will be due whether the factory consents to the cancellation or
not. Bowers
may lower the cancellation fees at
Bowers
sole discretion, however the minimum acceptable cancellation fee
due Bowers
shall be the sum of all reasonable out of pocket expenses,
delivery and return freight, storage charges and disposal costs of
ordered products including a reasonable profit thereon, plus lost
profits on the orders cancelled.
- If the
manufacturer does not consent to the cancellation, then the
contract amount will be due in full for the item involved and the
cancellation policy shall be applied to the remaining items on the
order.
- If the
manufacturer consents to cancellation or if
Bowers
has not actually ordered the product We MAY cancel Purchasers
order upon Purchasers written request, however the
manufacturers cancellation and/or restocking fees (if any) AND
Bowers
cancellation and/or restocking fees shall apply to the order.
- The total of all
charges shall not exceed the total amount of the order. If
Purchaser cancel any item or order that is part of a system on
multiple orders, or consists of multiple items on a single order,
We may cancel all or part of the system or the multiple orders
and/or all the remaining items on order for Purchasers order.
- In the event that
Bowers
obtains possession of products Purchaser ordered,
Bowers
shall have the right to sell the products and credit Purchasers
account, taking into account charges owed in accordance with
Bowers
policy. We may retain any remaining amounts owed to Purchaser
until all disputes are finally resolved. Please see Returns,
Restocking and Return Authorization.
|
SPECIAL
ORDERS AND QUANTITIES CANCELLATION |
-
Orders for products which
Bowers
does not stock or for quantities that exceed what we normally
stock may not be cancelled.
|
RETURNS,
RESTOCKING and RETURN AUTHORIZATION |
- Bowers
requires a return authorization and prepaid freight on any return
or the shipment will be refused on our receiving dock, NO
EXCEPTIONS! We do not accept returns on products that
require repairs covered under warranty. See Warranty Repairs
below.
- Bowers
only accept returns if
Bowers
should ship Purchaser the wrong product. For any return, the
product must be in NEW (unused) condition with all original
packing materials, manuals, parts, warranty cards and other
materials shipped with the unit.
- Bowers
cannot accept the return of products that have been USED or
OPERATED as Bowers does not sell USED equipment.
- All returns
require a minimum restocking charge equivalent to fifty percent
(50%) of invoice or as required by the manufacturer, excluding
freight. Freight costs incurred will also be deducted from
Purchaser deposit.
- We do not accept
return of products for warranty service or product failure.
Warranty service is the responsibility of the Generator
manufacturer - not
Bowers.
We cannot and will not accept returns because Purchaser purchase
the wrong item, the wrong size of unit, or the wrong voltage or
because Purchaser refuse to take the product to a local repair
facility.
- For order
cancellations see Order Cancellation.
|
- Freight damage is the
responsibility of the carrier (shipping company).
- We are not responsible
for freight damage and
Bowers
cannot file a claim for Purchaser.
- Write on the bill of
lading or other shipping document the damage that Purchaser see and
sign it.
- Make a copy before the
drive leaves with the paperwork.
-
IMPORTANT !
Once Purchaser shipment arrives, please follow
these instructions precisely:
1. Examine box for
damage thoroughly before signing freight bill.
2. Check bill of lading to be
sure all items have arrived.
3. Note all carton damage or
shortage on bill of lading before signing. If carton damage note
"possible concealed damage" beside description of damage.
4. Sign bill of lading.
5. Have driver sign as witness
to condition.
6. If unit is visibly damaged-
refuse delivery.
7. Do not discard any cartons
or packing materials until Purchaser unit is functioning properly.
|
INSPECTION
OF PRODUCTS PRIOR TO SHIPMENT |
- All of
Bowers
suppliers inspect and test all parts and assemblies before shipment to
us. We inspects all incoming products (that we take possession of) and
inspects them again when packing products for shipment to
Purchaser. Many of our products are dropped shipped to Purchaser
direct from the manufacturer and they will inspect each product before
shipment.
- All generator
suppliers that Bowers
deals with, inspects and tests sub-assemblies as units are built.
Finished units are fueled, oiled and run to insure that all components
function and are adjusted properly. Generators are drained of fluids
for shipping.
- All new equipment is
sold with a manufactures warranty as shown on documents supplied by
the manufacturer with the equipment.
- Bowers
and its officers, agents and employees do not have the authority to
amend, add to or delete any warranty provisions. All other
modifications are void.
- Each item of new
equipment or parts is entitled to the benefit of such warranties as
are made in writing by the original manufacturer to Purchaser., Such
warranties, if any, are made by the manufacturer only, and Bowers does
not adopt any obligation under any and such warranties toward
Purchaser/Purchaser
- Oral statements by
employees of Bowers do not constitute warranties. Bowers will not be
liable for any general, incidental or consequential damages including
without limitation any damages for loss of use, loss of profits or
damages to other property for any breach of warranty or for negligence
or their fault. The liability of Bowers and Purchasers exclusive
remedy is expressly limited to the warranty of the Manufacturer.
-
Warranty
repairs are handled according to the warranty repair policy for each
manufacturer as stated in the warranty. Engine powered products that
are defective or require repairs cannot be returned to
Bowers
for service.
-
Warranty
service and repairs are to be performed in Purchasers local area by
factory authorized service outlets.
-
We will
attempt to assist Purchaser find an authorized repair facility for
Purchaser equipment.
-
All parts
supplied and repair work done which may be the subject of any warranty
may be billed to Purchaser by Bowers , and will be paid for in the
normal manner while a warranty claim is being initiated with the
manufacturer and the allegedly defective parts are being examined. If
and when Bowers receives a credit from the manufacturer as a result of
a warranty claim, this credit will be passed on to the owner of the
equipment.
-
Warranty
claims must be delivered to bowers in writing within 30 days of the
date of the first failure of the Goods to comply with the warranty.
-
Invalidation of Warranties - None of the warranties stated herein
shall apply to the following;
Any
Product which shall have subject to misuse, negligence or accident
Any
Product which shall have been installed, repaired or altered by anyone
in such a way that, in the Judgment of Bowers or Manufacturer,
its performance and reliability are adversely affected.
Any
Product improperly applied or installed by anyone other than Bowers
Failure in
any way resulting from use of parts not manufactured or approved by
Bowers
Failure in
any way resulting from use or service of goods repaired by Bowers
other than in accordance with manufacturers instructions and normal
practice
- Connection of a
generator requires a transfer device to avoid possible injury to power
company personnel.
- Consult a qualified
electrician, electrical engineer or other licensed professional.
- We are not responsible
for ANY damages to equipment or property damaged by improper
installation or failure of the product.
- Transfer switches and
inlet boxes must be installed by a qualified electrician and the
connection must comply with all applicable laws and electric codes.
|
|
|