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Clark Parts and
Bowers
Transmission
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BOWERS
COMPANY POLICES AND WARRANTY INFORMATION |
 | 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.
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| We disclose information that we in good faith
believe is appropriate to cooperate in
investigations of fraud or other illegal activity
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| 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.
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| We cannot be responsible if Purchaser purchases
the wrong unit, for the wrong application or with the
wrong specifications |
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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.
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| 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.
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| 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.
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| 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. |
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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. |
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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.
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| 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. |
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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. |
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RETURNS,
RESTOCKING and RETURN AUTHORIZATION |
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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.
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| 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. |
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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.
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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.
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| 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. |
| 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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Phone: 866-792-8220 / 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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