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Sales terms & conditions policy
Covid-19 affected shipping policy: due to covid-19 please be aware that certain products are liable to shipping issues that may increase the estimated delivery times by a few weeks. Please bear with us as we will do our utmost to bring you the products you purchase in a timely and efficient manner.
Goods and services sold by Bowerbird are expressly subject to the terms and conditions set forth below. Any different or additional terms or conditions in the buyer's purchase order or similar communications are objected to and shall not be binding on Bowerbird unless agreed to in writing by a Bowerbird corporate officer. Buyers acceptance of shipment or performance and/or payment for the goods or services constitutes acceptance of Bowerbird's terms and conditions.
Acceptance of order - termination: acceptance of any order is subject to approval and verification by seller. The seller reserves the right to terminate the order upon notice to the buyer and without liability to the seller.
Prices and shipments: prices shall be those in effect at the time of shipment which shall be made EXW. Quoted shipping methods and costs are subject to change based on freight availability.
Title: Bowerbird retains all rights of ownership and title to the equipment proposed herein until all payments and taxes are paid in full, and such equipment shall not be considered as any part of the building, real estate, or equipment to which it is attached until the customer has made the full and final payment.
Cancellation and returns: the buyer may cancel an order by mutual agreement based upon payment to Bowerbird.
If the products sold on bowerbirdproducts.com arrive defective they are covered under our 30 day refund policy. The buyer may contact Bowerbird for a refund upon reception of the product by Bowerbird. For products covered under the 30 day refund period, Bowerbird is responsible for providing the buyer with a return label. The 30 day refund policy does not apply towards products that are held by the buyer for more than 30 days. However, warranties that are detailed in the product page of the item remain in effect. Please view the product warranty information on the item’s page for more details.
Shortages/overages: all shortages and/or overages must be identified within 14 days of the shipment date.
Substitutions/interchangeability: unless specifically restricted on a purchase order, Bowerbird reserves the right to interchange an equivalent, available product in place of the product ordered where the interchangeability of the product is based on form, fit and function.
Force majeure: Bowerbird shall not be held liable for failure to deliver or for delay in delivery or performance due to: (i) a cause beyond its reasonable control; (ii) an act of god, act or omission of buyer, act of civil or military authority, governmental priority or other allocation or control, fire, strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer, delay in transportation, or, (iii) any other commercial impracticability. If such a delay occurs, delivery or performance shall be extended for a period equal to the time lost by reason of delay.
Delivery: unless otherwise noted, all sales of goods are made f.o.b. Point of shipment and, in all cases, the title shall pass upon delivery to the carrier at the point of shipment and thereafter all risk of loss or damage shall be upon the buyer. Delivery dates given in advance of actual shipment of goods or performance of services are estimates and shall not be deemed to represent fixed or guaranteed delivery dates.
Refusal of shipment: in case of refusal or inability of the customer to accept any shipment in accordance with the terms of the order, the customer shall be held liable for freight, express, storage, extra cost of handing, and all other incidental expenses.
Warranties: Products covered under warranty will be processed as follows. If a product fails in function or performance and is covered under warranty, the buyer may contact Bowerbird to process the warranty claim. The buyer is required to show proof of product failure through pictures and a description of the issue in an email (info@bowerbirdenergy.com). Upon verification that the product failure is indeed covered under warranty, Bowerbird is responsible for issuing the buyer a return label. The buyer, upon receiving the return label through email, is responsible for packaging and shipping the device. Upon receiving the product, Bowerbird will ship the replacement device to the buyer. Once the buyer confirms receiving the product, the claim is thereby closed.
Limitation of liability: it is understood and agreed that the seller's liability, whether in contract, in tort, under any warranty, in negligence or otherwise shall not exceed and the buyer's remedy is limited to either, at the seller's option: (i) replacement of the defective products EXW, (ii) correction of the defective service, (iii) repair of the defective products, (iv) return of the defective product by the buyer and refund of the purchase price, or (v) refund of the service price. Under no circumstances shall the seller be liable to the buyer or any third party for loss of profits, special, direct, indirect, incidental, or consequential damages or an amount greater than the purchase price for the products or services purchased by the buyer. The price stated for the products or services is a consideration in limiting the seller's liability. No action, regardless of form, arising out of the transactions of this agreement may be brought by the buyer more than one year after the cause of action has accrued.
UVC safety: the UV processor sold herein produces radiations including uv light waves, which are dangerous if suitable precautions are not taken. The customer is therefore cautioned that the processor should be operated by fully instructed and experienced personnel only. The customer agrees to assume all responsibility to ensure the processor is operated in a safe and secure manner. Since the use of the processor is outside of Bowerbird control, Bowerbird does not assume any liability for damages which may occur to personnel or property due to improper use or failure to take recommended precautions and the customer agrees to indemnify and hold Bowerbird harmless from any liability, claim or damage whatsoever, arising out of any loss or damage or injury to person or property due to any improper use or misuse of the processor.
Installation: unless otherwise arranged when ordering, this equipment shall be installed and connected by the customer who will supply all necessary labor, material, and permits in compliance with all legal requirements. If equipment is installed by Bowerbird service technicians, the customer is responsible for all permits and associated costs for all local, state, and federal legal requirements. At the customer's request, Veteran Led will provide the services of a supervising engineer at the prevailing daily rate plus expenses.
Printing, stenographic and clerical errors: Bowerbird is not responsible for printing errors made in any Bowerbird publications and other forms of printed matter. All such errors are subject to correction.
Equal opportunity and labor practices: the contract provisions in section 202 of executive order 11246, as amended, and the regulations promulgated there-under are incorporated by reference as it fully written with respect to any order. Bowerbird certifies that the goods covered by this invoice have been produced in accordance with the fair labor standards act of 1938, as amended.
General: all orders are subject to acceptance by Bowerbird. Any representation, affirmation at fact and course of dealing, promise or condition in connection therewith on usage of trade not incorporated herein, shall not be binding on either party. If any provision hereof shall be unenforceable, invalid or void for any reason, such a provision shall be automatically void and shall not be part of this agreement and the enforceability or validity of the remaining provisions shall not be affected thereby.
Modification of terms and conditions: no terms and conditions other than those stated herein and no agreement or understanding, in any way purporting to modify these terms or conditions, shall be binding on the seller without the seller's written consent.
Waiver, choice of law and dispute resolution: the failure of either party to assert a right here-under or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the state of Virginia, united states of America, excluding conflict of law rules. Any dispute arising out of or relating to transactions here-under shall be settled by binding arbitration in Richmond, Virginia under Virginia law administered by the American arbitration association under ifs commercial arbitration rules, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitrators will have the powers a stale court judge would have had if the matter had been filed in such court including, equitable powers, except for the power to award punitive damages, which they shall not have. Actions from Bowerbird for nonpayment by the buyer of the purchase price of goods or services sold, may be brought by Bowerbird, at Bowerbird's option, before any court of competent jurisdiction in Richmond, Virginia and to the extent permitted by applicable law. Trial by jury is hereby waived. The provisions of the united nations convention on contracts for the international sale of goods shall not apply.