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TERMS AND CONDITIONS

Acceptance: Entire Agreement.

Acceptance by Customer of delivery of goods constitutes acceptance by Customer of the following terms and conditions. Any additional or different terms proposed by Customer shall be deemed to have been objected to by Bowen Electrical Supplies, shall be of no force or effect, and shall not be binding upon or enforceable against Bowen Electrical Supplies. These terms and conditions constitute the entire agreement and understanding between the parties and supersede any and all prior agreements, understandings and communications with Customer, oral or written, relating to the goods that Bowen Electrical Supplies or any of its subcontractors may provide (collectively, the "Goods"). The invalidity or unenforceability of any Terms and Conditions shall not affect the validity or enforceability of any other term or condition of this Invoice, and the remaining terms and conditions of this Invoice shall remain in full force and effect. No waiver, amendment or modification of this Invoice shall be binding upon or enforceable against Bowen Electrical Supplies until approved in writing by an Bowen Electrical Supplies Authorized Signatory.

Prices.

Prices quoted by Bowen Electrical Supplies are subject to change without notice. A quotation does not constitute an offer and can be withdrawn at anytime prior to acceptance of an order by Bowen Electrical Supplies. Prices taken at time of order shall govern. Unless otherwise stated, all prices are quoted in Euro. Bowen Electrical Supplies will not accept or process purchase orders that contain pricing different from the standard prices.

Credit.

Bowen Electrical Supplies may, in its sole discretion, extend credit to the Customer. For credit limits in excess of 5,000, Bowen Electrical Supplies requires audited financial statements prior to initial credit approval and on an annual basis thereafter. Bowen Electrical Supplies shall perform periodic credit reviews using credit reporting agencies, trade references, industry trade groups and banks. In the event of a material adverse change in Customers credit standing or in the event that Customer does not comply with the terms of these provisions, Bowen Electrical Supplies shall have the right to change terms of payment, and Bowen Electrical Supplies obligation to provide Goods will be subject to reaching mutual agreement on revised terms.

Payment.

All payments are to be made in Euros, and all amounts payable by Customer shall be due and payable in full on 30 day net monthly terms, unless otherwise agreed in writing. Bowen Electrical Supplies will not accept the unilateral assessment of any fee, marketing support, co-op or other advertising, expense reimbursement, rebate, offset or any other financial or marketing support not explicitly authorized in writing by an authorized officer of Bowent Electrical Supplies. Any amounts not paid in full within terms of 30 day net monthly shall be subject to a late payment charge of 1-1/2% per month (or, if less, the maximum amount permitted by law) from the date due until paid. Bowen Electrical Supplies obligation to provide Goods is subject to receipt of prompt payment of all invoices pursuant to the terms of this and other agreements we may have with Customer. Progress billing of interest due or a failure to bill for interest due shall not constitute a waiver of Bowen Electrical Supplies right to charge interest on all amounts past due to the date payment is received. Should any portion of an invoice become disputed you agree to pay the undisputed portion according to its terms, and you will notify us promptly of the dispute. Both parties agree to use their best efforts to resolve the disputed portion of such invoice within 30 days. Bowen Electrical Supplies shall have the right to set off against any amount that Bowen Electrical Supplies may be obligated to pay to Customer any amounts due or to become due to Bowen Electrical Supplies from Customer and its divisions, subsidiaries and affiliated companies. Bowen Electrical Supplies may assign receivables without consent.

Delivery.

Delivery dates for the Goods shall be established by mutual agreement of Bowen Electrical Supplies and Customer. All goods are offered subject to availability. Customer shall provide any special shipping or labeling requirements to Bowen Electrical Supplies for consideration prior to the first shipment. Bowen Electrical Supplies shall have no responsibility for any failure of or delay in delivery caused by or attributable to war, sabotage, riot, civil disorder, fire, flood, earthquake, explosion, accident, natural or manmade disaster, governmental action, shortage or interruption of supply of materials, supplies, equipment or energy, transportation problem, strike, labor stoppage or slowdown, or other cause beyond the reasonable control of Bowen Electrical Supplies. .

Taxes.

The prices for the Goods do not include value added, use and other taxes, duties and other governmental fees and charges that may be applicable to the Goods, and Customer shall be responsible for and pay upon demand all such taxes, duties and other governmental fees and charges (other than income taxes of Bowen Electrical Supplies), notwithstanding that responsibility for collection or payment of such taxes, duties and other governmental fees and charges may be imposed by law on Bowen Electrical Supplies or any of its subcontractors

WARRANTY: LIMITS ON RESPONSIBILITY.

Bowen Electrical Supplies warrants to the Customer solely that, subject to the terms, conditions and limitations hereof, the Goods conform to the specifications set forth in the Bowen Electrical Supplies catalog and will be transferred to customer free and clear of any and all encumbrances. BOWEN ELECTRICAL SUPPLIES MAKES NO OTHER WARRANTIES AND GIVES NO OTHER ASSURANCES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY GOODS.

BOWEN ELECTRICAL SUPPLIES SOLE LIABILITY IN CONNECTION WITH ANY GOODS THAT ARE DEFECTIVE OR DELIVERED LATE SHALL BE LIMITED TO EITHER (i) REFUNDING TO THE CUSTOMER A PERCENTAGE OF THE TOTAL PRICE (EXCLUSIVE OF TAXES, SHIPPING AND OTHER SEPARATE CHARGES) THAT THE CUSTOMER HAS PAID TO BOWEN ELECTRICAL SUPPLIES FOR ALL GOODS PROVIDED EQUAL TO THE PERCENTAGE OF ALL GOODS PROVIDED THAT ARE DEFECTIVE OR DELIVERED LATE DUE TO THE SOLE FAULT OF BOWEN ELECTRICAL SUPPLIES AND ITS SUBCONTRACTORS, OR (ii) AT BOWEN ELECTRICAL SUPPLIES OPTION, REPLACING FOR THE CUSTOMER, AT NO CHARGE TO THE CUSTOMER, THE GOODS THAT ARE DEFECTIVE OR DELIVERED LATE DUE TO THE SOLE FAULT OF BOWEN ELECTRICAL SUPPLIES AND ITS SUBCONTRACTORS.

IN NO EVENT SHALL BOWEN ELECTRICAL SUPPLIES OR ANY OF ITS SUBCONTRACTORS BE LIABLE FOR (i) ANY ANTICIPATED PROFITS OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF BOWEN ELECTRICAL SUPPLIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES RESULT FROM ANY RECOMMENDATIONS MADE BY BOWEN ELECTRICAL SUPPLIES, OR (ii) ANY LOSSES, DAMAGES, LIABILITIES, SUITS OR CLAIMS THAT ARE COVERED BY ANY INSURANCE MAINTAINED BY OR ON BEHALF OF THE CUSTOMER OR ARE OTHERWISE RECOVERABLE FROM THIRD PARTIES.

IN ADDITION, THE LIABILITY OF BOWEN ELECTRICAL SUPPLIES AND ITS SUBCONTRACTORS FOR LOSSES, DAMAGES, LIABILITIES, SUITS AND CLAIMS, REGARDLESS OF THE FORM OF ACTION (WHETHER BASED ON CONTRACT, ON NEGLIGENCE, ON STRICT LIABILITY OR OTHERWISE) AND THE PERSON OR ENTITY BRINGING SUCH ACTION, SHALL NOT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT (EXCLUSIVE OF TAXES, SHIPPING, AND OTHER SEPARATE CHARGES) ACTUALLY PAID TO BOWEN ELECTRICAL SUPPLIES BY THE CUSTOMER FOR THE GOODS AT ISSUE. ANY ACTION AGAINST BOWEN ELECTRICAL SUPPLIES MUST BE BROUGHT WITHIN ONE YEAR OF THE CAUSE OF ACTION FIRST ARISING.

Claims by Customer.

Customer shall notify Bowen Electrical Supplies via e-mail sales@switchcraft.ie, of any shortages or overages that occur detailing PO #, item #, quantity ordered, and quantity received. All such notifications must be made within 72 hours of receipt of the Goods. A Bowen Electrical Supplies Customer Service Representative will respond with the proposed resolution within two weeks. All claims by Customer with respect to any invoice, including, but not limited to, claims related to defects and late delivery in connection with any Goods, must be submitted to Bowen Electrical Supplies in writing within a period of 30 days from earlier of the date of receipt or the date of invoice. Any claims not submitted in writing within such 30-day period shall be deemed to have been waived by Customer, and failure to submit a claim within such 30-day period shall constitute irrevocable acceptance of and an admission that the Goods meets all specifications and delivery requirements and otherwise fully complies with these Terms and Conditions.

Returns Policy.

Before returning ANY goods to Bowen Electrical Supplies, you must first obtain a Returns Authorisation (RA) number from our Returns Dept, from sales@switchcraft.ie. You will be sent an RA form that must be signed and returned before an RA number is issued. Without an RA number, no goods will be accepted and no credit issued. Once issued, an RA number is valid for 30 days unless otherwise stated. Bowen Electrical Supplies will issue credit for goods in excess of the quantity authorised on the RA with a 20% re-handling charge. We will not issue credit for non Bowen Electrical Supplies products returned to us in error.

Goods returned to Bowen Electrical Supplies as defective will be inspected on receipt. Credit of 100% of the invoice value will be raised for all items found to be defective. Goods returned as defective which are subsequently found to be in good condition will be subject to a handling charge of 40% of the invoice value of the goods.

Should we inadvertently send you the wrong products, you may return them at Bowen Electrical Supplies expense for full credit. Please contact your Bowen Electrical Supplies Customer Service Dept within 3 working days of receipt of the goods. Should you order the wrong product or quantity by mistake, at Bowen Electrical Supplies discretion, we may accept a return providing the goods comply with the conditions laid out under Returning Unwanted Goods, above.

Returns Dept.
Bowen Electrical Supplies,
Brookfield Terrace,
Blackrock,
Co. Dublin.



Bowen Electrical Supplies.

References in this Invoice to "Bowen Electrical Supplies" include its divisions, subsidiaries and affiliated companies, and references in this Invoice to "Customer" include the person or entity specifically identified in this Invoice as "Customer" and its divisions, subsidiaries and affiliated companies