Terms & Conditions

Terms

Fowler standard terms are: Net 30, upon receipt of credit references, completed credit approval and review.

Payment Options

Checks, wire transfers, ACH payments and all major credit cards (US only) are accepted. A 3% surcharge will be applied to all credit card payments.

Freight policy

FOB shipping point

Price changes

Orders are accepted only on the basis that they will be shipped at prices in effect at the time of order. We reserve the right to change prices, specifications and supply less than the quantity ordered.

Damaged goods policy

In the event of errors, shortages and/or damages notify our company upon receipt of goods. An automated Return Material Authorization (RMA) system is available at http://www.fowlerprecision.com.

Claims

Fowler’s responsibility ends when goods are sold, and shipment has been picked up by the transportation company. However, we will strive to locate lost material by the transportation company on behalf of our customers. In the United States and Canada, lost shipment claims must be made 10 days from the date of the invoice. Foreign countries must submit their claims within 10 days of receipt date. In the event of errors and shortages, notify our Company upon receipt of goods. In the case of honest clerical or other errors on the part of distributors or their customers, we will accept catalog items for return, at our discretion if requested within 10 days of receipt of invoice.

Returns

All sales are final. If a return is necessary for repair or replacement, you must receive a Return Goods Authorization Number by completing an RMA request on our website, http://www.fowlerprecision.com. Other returns authorized by Fowler will be subject to a restocking charge of 15%-30% depending on product line. Merchandise returned for credit must be in A-1 saleable condition, listed in our current catalog, with the original invoice number, all test and calibration certificates, instructions and contained in its original packaging. Goods returned without authorization may be refused or returned. Should goods be returned for any non-warranty related reason, transportation charges must be prepaid by the customer, and the customer must use the shipping label and packing slip created by the Fowler automated RMA system on the website http://www.fowlerprecision.com.

Warranty for Hand Tools

Fowler Company provides a 12-month warranty against defects in workmanship or materials for hand tool products sold in the United States, Canada and Mexico. Hand tool products must have been purchased directly from Fowler or through an authorized Fowler distributor. Fowler reserves the right to require proof of purchase and/or a completed purchaser warranty registration for any warranty claim. To be valid the Warranty Registration must be completed within 30 days after original purchase online at www.fowlerprecision.com. Fowler will replace or repair, at its option, standard Fowler hand tools at Fowler’s option, which upon examination is found to be defective in workmanship or material, provided the product is returned to the Fowler Company, along with satisfactory purchase or warranty registration documentation. Fowler reserves the right to substitute a comparable or superior product. Products must be used as designed and reasonably maintained, and where applicable, installed in accordance with Fowler instructions. Products that have not been used as designed or have been subject to abuse are voided from this warranty. Extended warranties may be offered on selected Fowler products. For more information regarding warranties and extended warranties for individual products, please visit http://www.fowlerprecision.com.

Limited Warranty for Equipment and Systems (Non-Hand Tools)

Fowler sells certain products under cooperation agreements with premium manufacturers around the world. The Equipment and Systems include Fowler/Bowers, Fowler/Baty, Fowler/ Sylvac, Fowler Trimos, Wyler, Fusion and zCAT. Fowler provides in-country sales, service, repair and technical supports for these equipment and systems manufacturers. Fowler handles all original manufacturers’ warranties claims in the USA, Canada and Mexico. Equipment and Systems warranties are valid for the original purchaser and for equipment and systems sold in the United States, Canada and Mexico directly by Fowler or through an authorized Fowler distributor. Fowler warrants its manufactured Equipment and Systems for a period of one year from time of purchase against defects in workmanship or materials under normal use. Alteration of product cancels all warranties. Should any such defects appear during this one-year period, we will repair or, at our option, replace any defective product. This limited warranty covers normal use and is conditioned upon the Equipment or System having been properly maintained and installed in accordance with the Manufacturer’s or Fowler’s instructions. It does not cover damage incurred during shipment, caused by impact with other objects, dropping, immersion in liquid; unauthorized services or repairs, use not in accordance with instructions, accident, abuse, misuse, natural disasters such as flood, fire, earthquake or lightning, power surges and problems caused by use of power supplies not supplied by us. Warranty coverage will not apply in the event the serial number or brand-name has been removed, altered or defaced. Fowler reserves the right to require proof of purchase and/or a completed purchaser warranty registration for any warranty claim. To be valid the Warranty Registration must be completed within 30 days after original purchase online at http://www.fowlerprecision.com .

EXCEPT TO THE EXTENT EXPRESSLY SET FORTH ABOVE, THERE ARE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND FOWLER EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN. Distributors shall include in the terms and conditions of sale to the end user a warranty for the Fowler Products with the same terms as provided for herein. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above limitations may not apply to all purchasers. This warranty gives the purchaser specific legal rights, and the purchaser may also have other rights that vary from state to state or country to country. Extended Fowler warranties, service and calibration plans may be offered by Fowler on select equipment and systems. For information regarding manufacturer’s warranties, extended Fowler warranties and service and calibration plans available for individual products, please visit http://www.fowlerprecision.com .

Limitation of Liability

THE REMEDIES SET FORTH HEREIN OF REPAIR OR REPLACEMENT ARE EXCLUSIVE. FOWLER SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR LOST PROFITS OR EXPENSES OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE FROM ANY CAUSES OF ACTION WITH RESPECT TO THE PRODUCT OR ITS USE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, AND WHETHER OR NOT THE CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE..

Proper Use and Maintenance

All tools and instruments must be inspected by customer upon receipt and appropriately inspected and maintained by qualified personnel thereafter to assure that they are accurate and in proper operating condition. Fowler will not be responsible for tools that have been altered, damaged, chipped, misaligned, rusted, marred, stamped or etched. Additions or modifications on any tool shall be at the sole responsibility and liability of the Customer, unless advance written approval is given by Fowler for such additions or modifications. Fowler reserves the right to sell products direct, including but not limited to used, obsolete, overstock and engineered capital equipment products and to sell direct to educational institutions, governments, OEM user. .

Governing Terms

The terms and conditions set forth herein are exclusive. No waiver, modification or change of these terms and conditions shall be valid, unless signed in writing by authorized representatives of both parties. Any provision of Customer’s purchase order or other document inconsistent with or in addition to these terms and conditions shall not be binding upon Fowler unless expressly agreed to in writing by Fowler. In the event any of these terms and conditions are declared illegal, invalid or unenforceable or contrary to law, it shall not affect any other part of the terms and conditions.