BOWERS
COMPANY POLICES AND WARRANTY INFORMATION |
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Bowers Machine Company and it's subsidiary GensetCentral will not sell or rent any of your personal information to third parties. We will not share any of your personally identifiable information with third parties except in the limited circumstances described below, or with your express permission. These third parties are limited by law or by contract from using the information for secondary purposes beyond the purposes for which the information is shared.
- We share information with companies that help us process the transactions you request and protect our customers' transactions from fraud, such as sharing your credit card number with a service that screens for lost and stolen card numbers. . Additionally, we may share information with processing companies including collection agencies.
- We disclose information that we in good faith believe is appropriate to cooperate in investigations of fraud or other illegal activity
- We disclose information in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action.
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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.
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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.
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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.
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- 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.
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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.
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Warranty service
and repairs are to be performed in Purchasers local area by factory authorized
service outlets.
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We will attempt to
assist Purchaser find an authorized repair facility for Purchaser equipment.
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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.
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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.
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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.
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Bowers Electric & Diesel Generators
Phone: 253-872-7800 / Fax: 253-872-4127
Mail Address: PO Box 600, Kent, WA 98035-0600
Street Address: 22221 70th Ave South, Kent WA 98032
Email: danh@bowerspower.com
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