Term of Service

Bowen Metals – Terms of Service

1. Introduction

Welcome to Bowen Metals. These Terms of Service (“Terms”) govern your use of our website, products, and services. By accessing or using our website, placing an order, or engaging with our services, you agree to be bound by these Terms, our Privacy Policy, and our general Policies (collectively, the “Agreements”). If you do not agree with any part of these Terms, you must not use our website or services.

Bowen Metals is a father-and-son business specializing in high-quality sheet metal HVAC products, including pipe, ductwork, and fittings, for residential and commercial projects in the Southeastern United States.

2. Definitions

  • “Bowen Metals,” “we,” “us,” “our”: Refers to Bowen Metals, its owners, employees, and affiliates.
  • “You,” “Customer,” “User”: Refers to the individual, company, or entity accessing our website, requesting quotes, placing orders, or using our services.
  • “Products”: Refers to the sheet metal HVAC products, including pipe, ductwork, and fittings, manufactured and supplied by Bowen Metals.
  • “Services”: Refers to the provision of quotes, order processing, manufacturing, delivery, and any other related services offered by Bowen Metals.
  • “Website”: Refers to bowenmetals.com and any associated web pages.

3. Acceptance of Terms

By using our website or services, you affirm that you are of legal age to enter into this agreement and that you accept these Terms. If you are using the services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. Quotes and Orders

  • Request for Quote: All requests for quotes must be submitted with sufficient detail, including specifications, dimensions, materials, and quantities. We reserve the right to request additional information to provide an accurate quote.
  • Quote Validity: Quotes are valid for the period specified therein. After this period, prices and availability are subject to change without notice.
  • Order Placement: An order is deemed placed and accepted by Bowen Metals only upon your explicit approval of a quote and our written confirmation (e.g., email, signed order form).
  • Custom Orders: Products manufactured to custom specifications are non-cancellable and non-returnable once production has begun, except in cases of manufacturing defect or error on our part.
  • Changes to Orders: Any changes requested after an order has been confirmed and production initiated may incur additional costs and extend lead times. You will be notified of such changes for approval before proceeding.

5. Pricing and Payment

  • Pricing: Product prices are as stated in the confirmed quote or invoice. Prices are subject to change due to fluctuations in raw material costs, labor, and market conditions.
  • Taxes: All prices are exclusive of applicable sales, use, excise, or similar taxes, duties, or charges, which will be added to your invoice where required by law.
  • Payment Terms: Payment terms (e.g., deposit, net 15, net 30) will be specified on your invoice or account agreement.
  • Late Payments: Invoices not paid by the due date may be subject to a late payment charge at the lesser of 1.5% per month or the maximum rate permitted by law. We reserve the right to suspend further production or delivery until all outstanding balances are paid.
  • Collection Costs: You agree to pay all costs, including reasonable attorney fees, incurred by Bowen Metals in collecting any overdue amounts.

6. Production and Lead Times

  • Lead Time Estimates: Any lead times provided are estimates only and are not guaranteed. They are subject to change based on order complexity, material availability, and current production schedules.
  • Delays: Bowen Metals shall not be liable for any delays in production or delivery caused by factors beyond our reasonable control, including but not limited to material shortages, labor disputes, equipment failure, acts of God, or governmental actions.
  • Force Majeure: In the event of a force majeure event, we reserve the right to cancel or reschedule orders without liability.

7. Delivery, Shipping, and Risk of Loss

  • Delivery/Pickup: You may arrange to pick up orders at our facility during designated hours, or we may arrange for local delivery or third-party shipping as agreed upon.
  • Shipping Costs: Shipping and handling charges will be added to your invoice unless otherwise agreed in writing.
  • Risk of Loss: Risk of loss or damage to products passes to you upon delivery to your designated location or upon our delivery to a common carrier, whichever occurs first.
  • Inspection: You are responsible for inspecting all products upon receipt. Any claims for shortages, damages, or discrepancies must be reported to Bowen Metals within 5 business days of receipt. Failure to do so constitutes acceptance of the products as delivered.

8. Returns, Cancellations, and Refunds

  • Custom Products: Custom-fabricated products are generally non-returnable and non-refundable.
  • Standard Products: Returns of standard, non-custom products may be accepted within [e.g., 15 days] of delivery, provided the products are unused, in their original condition, and accompanied by a return authorization from Bowen Metals. A restocking fee of [e.g., 25%] may apply.
  • Cancellations: Orders for standard products may be canceled prior to production without penalty. Orders for custom products or orders already in production may be subject to cancellation fees covering materials, labor, and administrative costs incurred.
  • Refunds: Refunds, if applicable, will be processed within a reasonable timeframe and issued via the original payment method or as store credit, at our discretion.
  • Contact for Returns/Cancellations: All requests for returns, cancellations, or refunds must be initiated through our contact form: Contact Us

9. Product Warranty and Disclaimer

  • Limited Warranty: Bowen Metals warrants that its products will be free from defects in material and workmanship under normal use for a period of [e.g., 90 days] from the date of delivery. This warranty is limited to the repair or replacement of the defective product, or a credit for the purchase price, at our sole discretion.
  • Exclusions: This warranty does not cover defects or damages resulting from:
    • Improper installation, handling, or storage.
    • Misuse, abuse, or neglect.
    • Alterations or modifications made by anyone other than Bowen Metals.
    • Normal wear and tear.
    • Use of products for purposes other than their intended use.
    • Incorrect specifications or information provided by the customer.
  • Disclaimer: EXCEPT AS EXPRESSLY PROVIDED HEREIN, BOWEN METALS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOWEN METALS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS OR SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR PRODUCTS OR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO BOWEN METALS FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless Bowen Metals and its owners, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the website or services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your use of the services caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the services.

12. Intellectual Property

All content on the Bowen Metals website, including text, graphics, logos, images, product designs, and software, is the property of Bowen Metals or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without our express written permission.

13. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the State of [Your State, e.g., Georgia], without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in [USA, Alabama, e.g., Madison County, AL] for the purpose of litigating all such claims or disputes.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least [ 30 days’ ] notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our website or services after those revisions become effective, you agree to be bound by the revised terms.

16. Entire Agreement

These Terms, together with our Privacy Policy and general Policies, constitute the entire agreement between you and Bowen Metals regarding our services and supersede and replace any prior agreements we might have had between us regarding the services.

17. Contact Us

If you have any questions about these Terms, please contact us through our website:

Contact Us

All questions, concerns, and requests related to these Terms of Service should be submitted through that page.