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Company Policies
THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY AND NO WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE. THERE IS NO OTHER WARRANTY OR CONDITION, EXPRESS OR
IMPLIED STATUTORY OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN.
TERMS AND CONDITIONS
These terms and conditions shall apply to the sale of the equipment, parts or
components listed on this invoice (the �Goods�) and to Bowers repairs of items
listed on this invoice unless otherwise agreed in writing by an authorized
officer of Bowers Machine Company (�Bowers�). Any terms or conditions contained
on an order or other writing by the Purchaser (�Purchaser�) shall be binding
upon Bowers insofar as they do not vary or add to these Terms and Conditions.
1. DELIVERY TERMS --- Unless otherwise expressly provided, the prices shown are
F.O.B. point of shipment. Risk of loss of the Goods passes from Bowers to the
Purchaser upon delivery of the Goods to a carrier at the F.O.B. point. Purchaser
shall be deemed to have accepted the Goods as conforming to the contract if
Purchaser does not notify Bowers to the contrary in writing within 5 days after
delivery of the Goods to Purchaser.
2. PAYMENT TERMS --- Unless otherwise specified payment of the purchase price is
due and payable in cash (U.S. Dollars) within 30 days after shipment date
provided that payment for engines and generator sets is due within 15 days after
shipment date. All invoices which are past due will be subject to an interest
charge of 1.5% per month (18% per annum) from the shipment date. Invoices are
payable at Bowers, P. O. Box 600, 22221 70th Ave South, Kent, Washington 98035.
If purchaser fails to timely pay Bowers, Bowers shall be entitled to all of its
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.
3. SECURITY AGREEMENT --- Purchaser hereby grants Bowers a security interest in
the Goods to secure payment of all sums due under this Invoice and Purchaser
agrees to execute any documents 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 county where originally delivered until this
Invoice shall have been paid in full.
4. GOVERNING LAW; JURISDICTION AND VENUE --- This contract 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 contract, Purchaser hereby consents to exclusive
jurisdiction and venue in the Superior Court of Washington for King County.
5. CANCELLATION / MODIFICATION --- Orders accepted cannot be modified, changed,
or cancelled or deliveries deferred except with Bowers� written consent and only
then upon terms acceptable to Bowers in its sole discretion. Bowers may cancel
this order if the furnishing of the Goods is hindered or prevented by public
authority or by the existence of war or other contingencies, including but not
limited to shortage of materials, fires, strikes, lockouts, differences with
employees accidents, delays in manufacture or transportation, acts of God,
embargoes, inability to ship, inability to insure against war risks,
substantially increased prices or freight rates or other causes beyond Bowers�
control. All sales are final. At the option of Bowers in its sole discretion and
upon written authorization by Bowers certain goods and materials may be returned
by customers, freight prepaid in all cases restocking charges shall be no less
than twenty five percent (25%).
6. 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, customer acceptance of
specifications and any 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.
7. ADDITIONAL TAXES --- In addition to the prices specified, Purchaser shall pay
any federal, national, state, provincial, local and other taxes (including
without limitation any goods and services, sales, use, excise, gross receipts,
compensating, transaction or similar taxes, but excluding taxes on net income)
and duties, together with any penalties and interest thereon imposed by reason
of the sale of the Goods by Bowers to Purchaser.
8. WARRANTIES AND WARRANTY DISCLAIMER AND LIMITATIONS.
8.1 USED EQUIPMENT --- All used goods are sold AS-IS, WITH ALL FAULTS. With
respect to the purchase of used goods. Purchaser acknowledges that it has
examined or had the opportunity to examine the Goods and is relying on
Purchaser�s expertise as to the condition, fitness for the purpose and value of
the Goods. Bowers make no representations or warranties as to such used goods.
8.2 NEW EQUIPMENT --- Each item of new equipment or parts is entitled to the
benefits 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 obligations under any such warranties toward
Purchaser.
8.2 EXCHANGE AND REBUILT ENGINES, TRANSMISSIONS AND TORQUE CONVERTERS --- Bowers
warrants any exchange or completely rebuilt engine, transmission or torque
converter to be free from defects in material or workmanship for a period of 6
months from the shipment date of 1,000 hours of use, whichever comes first.
Bowers will bear reasonable labor costs required to repair or replace any part
found by Bowers to be defective within the warranty period. Unless authorized in
advance by Bowers, warranty repair must be carried out at Bowers� facility in
Kent, Washington.
8.4 TIME AND MATERIAL REPAIRS (LABOR) --- Bowers warrants any time and materials
repair work to be free from defects in material or workmanship. This warranty
will extend for a period of 30 days from the date of service.
8.5 WARRANTY PROCEDURES --- 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.
8.6 INVALIDATION OF WARRANTIES --- None of the warranties stated herein shall
apply to the following:
a. Any engine or unit (transmission or torque converter) which shall have been
subject to over speeding, misuse, negligence or accident.
b. Any engine or unit that shall have been repaired or altered by anyone in such
a way that, in the judgment of Bowers, its performance and reliability are
adversely affected.
c. Any part of an engine or unit improperly applied or installed by anyone other
than Bowers.
d. Failure in any way resulting from use of parts not manufactured or approved
by Bowers.
e. Failure in any way resulting from use or service or of good repaired by
Bowers other than in accordance with manufacturer�s instructions and normal
practice.
8.7 WARRANTY CLAIM PROCEDURE --- All claims under any warranty 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.
8.8 WARRANTY DISCLAIMER AND LIMITATIONS --- 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 DAMAGE TO OTHER PROPERTY FOR ANY BREACH OF
WARRANTY OR FOR NEGLIGENCE OR OTHER FAULT. THE LIABILITY OF BOWERS AND
PURCHASER�S EXCLUSIVE REMEDY IS EXPRESSLY LIMITED TO THE REPAIR OR REPLACEMENT
OF THE GOODS SOLD BY BOWERS AS PROVIDED HEREIN ANY WARRANTIES ARE MADE TO THE
PURCHASER AND NO WARRANTY IS MADE OR AUTHORIZED TO BE MADE ASSIGNABLE ON RESALE
BY THE PURCHASER.
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9. ENTIRE AGREEMENT --- These Terms and Conditions are the sole agreement
between Bowers and Purchaser with respect to the Goods. Any understanding
representation, course of dealing or condition not contained herein shall not be
a part of the parties� agreement. No addition to or modification of these Terms
and Conditions shall be effective unless agreed to in writing by an authorized
representative of Bowers.
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