Terms and Conditions
1. Introduction.
The Fastfuelingsystems.com web site (the "Web Site") provided by Bowen Resources LLC ("Company") includes an on-line service for its customers to allow for the purchase of products online (the "Service"). USE OF THE SERVICE ON THE BOWEN RESOURCES LLC COMPANY WEB SITE IS EXPRESSLY CONDITIONED UPON THE CUSTOMER ACCEPTING EACH AND EVERY PROVISION CONTAINED IN THESE TERMS AND CONDITIONS. Please read these provisions carefully as these Terms and Conditions constitute a legally binding agreement ("Agreement") between Bowen Resources LLC Company ("Bowen Resources LLC") and the users of the Service (each a "Customer").
2. Future Changes.
Bowen Resources LLC reserves the right at any time to change or modify the Web Site, these Terms & Conditions, the Web Site Privacy Policy, and pricing. When changes are made, the current Terms and Conditions and Privacy Policy will be placed on the Web Site. Customers concerned about whether such changes have been made should ensure that they view the then current Terms and Conditions and Privacy Policy each time they use the Web Site. Any use of the Web Site or product order through the Web Site after such changes are posted constitutes your acceptance of the changed Terms and Conditions or Privacy Policy. If you do not agree to any such changes, please discontinue using the Web Site.
3. Accurate Information; Authority to Bind.
Customers agree (a) to provide accurate, current, and complete information as may be required by Bowen Resources LLC and (b) to update this information in the future if changes render the information inaccurate or misleading. Customers purchasing products from Bowen Resources LLC represent that they are at least eighteen (18) years old and that they have the legal authority to bind any entity on behalf of which the Customer purports to represent. Bowen Resources LLC relies upon this information and representation to provide service and fulfill orders purchased through the Web Site. Our Privacy Policy, which is incorporated herein by reference, sets forth our policy with respect to the information provided by Customers.
4. Password.
Bowen Resources LLC will provide a customer number and password. All terms and conditions of this Agreement are applicable to all passwords issued under this Agreement and accordingly, Customer agrees to assume sole responsibility for compliance therewith, for all charges incurred for each and every password issued under this Agreement and for maintaining the security respecting the passwords issued. Additional passwords may be provided to Customer upon written request, subject to Bowen Resources LLC's polices for additional passwords then in effect.
5. Ownership/Limitations on Use.
The Web Site, Service, its content, organization, gathering, graphics, design, compilation and other matters related thereto are protected under applicable copyrights, trademarks and other proprietary laws, including but not limited to intellectual property laws, and by international treaties. Customer does not acquire any title or ownership rights to the Web Site or Service or information accessed through the Service. Customer acknowledges and agrees that it will not take any action that would jeopardize, limit or interfere in any manner with the operation of the Web Site or Service.
The [pricing] information available through the Service is the confidential information of Bowen Resources LLC and is protected by copyright and other intellectual property laws. [Pricing] information received through the Service is to be used solely for internal purposes. Except with prior written authorization from Bowen Resources LLC, no [pricing] information received through the Service may be duplicated, reproduced, distributed, or otherwise disseminated, in whole or in part, in any form, except that limited reproduction is permitted for distribution within your internal organization, or to other necessary and required parties within the referral process. Under no circumstances may copies produced under this provision be offered for sale or resale.
6. NO SERVICE WARRANTY.
EACH CUSTOMER ACKNOWLEDGES THAT THE WEB SITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT USE OF THE WEB SITE OR SERVICE IS AT THE CUSTOMER'S SOLE RISK. BOWEN RESOURCES LLC MAKES NO WARRANTY WHATSOEVER ABOUT THE WEB SITE, THE SERVICE, ITS OPERATION OR AVAILABILITY, THE ACCURACY OF THE INFORMATION PROVIDED ON THE SITE OR SERVICE, OR THE SECURITY OF THE WEB SITE OR SERVICE. MOREOVER, WITH RESPECT TO THE WEB SITE AND SERVICE, BOWEN RESOURCES LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOREOVER, BOWEN RESOURCES LLC MAKES NO WARRANTY THAT (A) THE WEB SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE WEB SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) TRANSMISSION OF DATA TO AND FROM THE WEB SITE OR SERVICE WILL BE TIMELY OR ERROR-FREE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR SERVICE WILL BE ACCURATE OR RELIABLE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Purchase of Product.
Customer may order goods from Bowen Resources LLC ("Products") by placing an order online through the Service. Bowen Resources LLC will have no obligation to fulfill timely orders for Products which are out-of-stock or otherwise unavailable [SEE SECTION 23 BELOW], but Bowen Resources LLC will promptly notify Customer of such unavailability or delay as soon as it becomes aware of it. In certain circumstances orders may, solely at Bowen Resources LLC's option, be accepted, or supplements to orders may be made, by fax transmission, telephone, e-mail, electronic data input or otherwise, any of which methods, but only if accepted in writing by an authorized representative of Bowen Resources LLC, shall constitute an order or amendment to an order binding upon Customer hereunder. Any terms and conditions contained in any Customer documents that are different or in addition to the Terms and Conditions of this Agreement, including but not limited to letters, purchase orders or sales acknowledgements, are hereby rejected by Bowen Resources LLC, are not a part of this Agreement or the business relationship of the parties, and shall be of no effect or binding upon Bowen Resources LLC unless specifically agreed to in writing by an authorized officer of Bowen Resources LLC. Failure by Bowen Resources LLC specifically to object to provision contained in such Customer documents shall not in any way be deemed an alteration to or waiver of these Terms and Conditions. [Orders placed are not subject to cancellation by Customer - SEE SECTION 12 BELOW]
8. Customer Representations and Certain Covenants.
Customer represents that if Customer is a corporation, partnership, limited liability company, or the like, that Customer is validly existing and in good standing under the laws of its state of incorporation. Customer represents that it has all requisite power to enter into this Agreement. Each person(s) accepting this Agreement on behalf of any corporation, partnership, limited liability Company, or the like, represents that he or she is duly authorized to accept this Agreement and to perform Customer's obligations under this Agreement. Customer shall be solely responsible for the use and disposition of the Products and agrees to use the Products only in accordance with all laws, rules and regulations applicable thereto.
9. Price and Other Expenses.
Online prices are not valid for in store purchases, online orders cannot be picked up in store. All prices quoted by Bowen Resources LLC through its Web Site for a particular order to a specific delivery location are delivered prices. The price quoted by the sales team is the purchase price of the Product(s), and includes shipping, but does not include any other expenses relating to the Product(s). The Customer shall be responsible for all other expenses relating to the Product(s) purchased, not covered by the standard arrangements contemplated above, including but not limited to (a) any federal, state, local, foreign or provincial taxes or tariffs, now or hereafter enacted, applicable to the Products, as further set forth in Section 13, below; (b) special transportation costs to the point of delivery specified by the Customer; (c) all charges in the event payment from Customer is delinquent, including, without limitation, all costs and expenses, including attorneys fees, of collecting any amount not paid when due hereunder, and; (d) all other expenses, not included in the sale and delivery contemplated above, of whatever kind or nature, relating to special insurance requirements, the purchase, shipment, transportation or delivery of Product. If the Customer chooses to arrange for transportation other than the arrangements contemplated hereby, then the Customer will be responsible for shipping and related costs and expenses. Prices are subject to change at any time in the sole discretion of Bowen Resources LLC effective for all orders made after Bowen Resources LLC posts a price change on its Web Site. Prices of Bowen Resources LLC Products may be found on this Web Site and in printed materials distributed by Bowen Resources LLC. Bowen Resources LLC takes great efforts to ensure both printed materials and Web Site prices are kept current, but in the event of a conflict in price information between printed materials and this Web Site, prices on this Web Site shall govern.
10. Shipment, Risk of Loss, and Product Damaged in Freight.
A. Shipment
Unless otherwise agreed, all shipments will be made by third-party carriers chosen by Bowen Resources LLC, at costs, tariffs and other charges, and in accordance with terms and conditions established by Bowen Resources LLC from time to time. In the event that Customer elects to arrange transportation other than the arrangement contemplated hereby, then Customer shall be responsible for all costs, tariffs and charges of any nature associated with the shipment of any Product to Customer. In such case, the shipper will invoice Customer directly, or Bowen Resources LLC may invoice Customer, for all such costs, tariffs and charges.
B. Risk of Loss
The risk of loss associated with any Product and title passes to Customer upon delivery of the goods to the shipping point, FOB, subject to the reservation of a security interest to Bowen Resources LLC in Section 11 of this Agreement. Bowen Resources LLC shall have no liability of any kind or nature, whether for consequential or other damages for any reason whatsoever, relating to shipment of Product purchased by Customer, including but not limited to damage to the product, taxes, duties, loss, theft or any illness of or personal injury to any person or property under any environmental, health or safety law.
C. Product Damaged in Freight
All shipments are FOB manufacturer's shipping point. The purchaser is responsible to inspect all shipments for loss or damage prior to receiving. Any freight claims created must be filed with the carrier.
D. Residential Shipping
We urge customers to ship to a secure address (ie. business / commercial address with receiving) when possible.
We no longer ship to apartment complexes.
Bowen Resources LLC reserves the right to verify all orders to residential addresses before shipping product.
11. Payment and Credit.
Customer shall pay for all Product in full payment before Product shipment. Unless otherwise indicated by Bowen Resources LLC in writing, Customer agrees to remit payment in full to the address and account indicated on Bowen Resources LLC invoices issued from time to time for all shipments, including shipments of any portion of the Product. No cash discounts for early payment will be granted unless approved in writing in advance by an authorized representative of Bowen Resources LLC. When payment in full is not remitted according to the applicable terms, Customer shall be delinquent without further notice from Bowen Resources LLC. Customer's right to purchase any Product is conditioned upon approval of Customer's credit and may be withdrawn or amended at any time by Bowen Resources LLC in its sole discretion. Bowen Resources LLC reserves the right, in its sole discretion, to change the credit terms, refuse shipment, or cancel unfilled orders at any time when, in its sole opinion, the financial condition or previous payment record of Customer so warrants. A late payment charge of two (2%) percent per month shall be added to all invoices which are delinquent, subject to federal, state and local laws, calculated from the original due date of the invoice until payment in full. In the event Customer is delinquent, Customer shall pay all costs of collection, including but not limited to reasonable attorneys' fees. Should Customer become delinquent in the payment of any sum due under this Agreement, all contractual or other obligations of Bowen Resources LLC to Customer shall terminate without further notice to Customer. Bowen Resources LLC retains, and Customer hereby grants Bowen Resources LLC, a purchase money security interest in the Products, including all accessions to and replacements of them, to secure the payment of the purchase price of the Product, until Customer has made payment in full in accordance with the terms hereof, and Customer shall cooperate fully with Bowen Resources LLC in executing such documents, including a Uniform Commercial Code financing statement, and accomplishing such filings and/or recordings thereof as Bowen Resources LLC deems necessary for the perfection, protection and enforcement of such security interest.
12. Returns, Cancellations, Unclaimed or Refused Shipments, and Bank Chargebacks.
A. Cancellation Prior to Shipping
Any cancellation of an order prior to shipment must be in writing signed by the Customer and Bowen Resources LLC. Upon such cancellation, Customer agrees to pay Bowen Resources LLC 25% of all items, items that are special order or custom built or manufactured are not refundable or subject to all costs and expenses incurred by Bowen Resources LLC or manufacture assembly in connection with the order. Such costs and expenses shall include without limitation Bowen Resources LLC's cost of labor applied to the order, overhead, costs of any materials applied to or ordered for the contract and any charges imposed upon Bowen Resources LLC by its suppliers or subcontractors.
B. Returns:
No goods may be returned without the Seller's written permission. If such authorization is given, unless otherwise stated in the authorization, transportation charges must be prepaid by the Buyer. All goods authorized for return are subject to the Seller's inspection and acceptance, and must be returned in the factory packaging, in new/unused condition. Merchandise may only be returned within 30 days of purchase and must be accompanied by the invoice number and/or a copy of the sales receipt. All goods, services or products that are non-stocking, special order, cut or fabricated to a specific size or length are not returnable. All stocking items will be subject to a 25% restocking charge. No returns allowed on Goods under $100. It is understood that no goods can be returned for credit without adhering to the above conditions.
C. Unclaimed or Refused Shipments
The purchaser is responsible for all cost associated with refused or unclaimed orders including: return shipping, re-stocking, and other applicable fees. All fees will be added to the invoice.
D. Bank Chargebacks
Bowen Resources LLC shall issue credits for returns and warranties based upon our standard terms of sale in accordance with Bowen Resources LLC's Manufacturers' return goods policies. If the purchaser issues a chargeback, the purchaser is responsible for 25% of the purchase price in addition to any collection and bank costs including attorney's fees and interest.
13. Taxes and Other Charges.
Customer is responsible for the payment of all federal, state, local, foreign, or provincial taxes (now or hereafter enacted), fees, or charges which may be assessed or levied now or hereafter on or on account of materials sold hereunder to Customer, whether termed a gross receipts tax, use tax, property tax, sales tax, manufacturers tax, excise tax, custom duties or taxes, inspection or testing fee, or any other tax, fee, or charge of any nature whatsoever imposed by any governmental authority on or measured by any transaction between Bowen Resources LLC and Customer. Published prices do not include such taxes, which may be added by Bowen Resources LLC to the invoice where Bowen Resources LLC has a legal obligation to collect them. When Customer claims that this transaction is not subject to any such tax, or that Customer is exempt, or that Bowen Resources LLC is not required to collect such tax, Customer agrees to provide Bowen Resources LLC with any documentation necessary to support such a claim and to allow Bowen Resources LLC to document its decision not to collect tax(es).
14. Product Warranty.
The Products are warranted only to the extent provided by the manufacturer in its limited warranty, if any, pertaining thereto, a copy of which is available at Customer's request. BOWEN RESOURCES LLC, HOWEVER, EXTENDS NO WARRANTY OR ANY KIND WITH RESPECT TO THE PRODUCTS, AND ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
15. EXCLUSION OF DAMAGES.
THE REMEDIES PROVIDED HEREIN ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. BOWEN RESOURCES LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR OTHER LEGAL THEORY ARISING OUT OF THE SALE, INSTALLATION, SERVICE OR USE OF THE PRODUCTS BY CUSTOMER OR ANY THIRD PARTY, EVEN IF BOWEN RESOURCES LLC HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH LOSSES, AND IN NO EVENT SHALL THE LIABILITY OF BOWEN RESOURCES LLC EXCEED THE UNIT PRICE OF THE DEFECTIVE PRODUCT. BOWEN RESOURCES LLC NEITHER ASSUMES NOR AUTHORIZES ANY AGENT, EMPLOYEE, REPRESENTATIVE, OR ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, DELIVERY, SERVICE, OR USE OF ITS PRODUCT; AND UNLESS AN AFFIRMATION, REPRESENTATION, OR WARRANTY MADE BY AN AGENT, REPRESENTATIVE, OR EMPLOYEE IS SPECIFICALLY CONSENTED TO IN WRITING BY AN AUTHORIZED OFFICER OF BOWEN RESOURCES LLC, IT SHALL NOT BE ENFORCEABLE BY CUSTOMER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. Customer Indemnification.
Customers shall indemnify, defend and hold Bowen Resources LLC harmless from any and all liabilities, claims, demands, causes of action, or suits of whatever nature including, but not limited to, attorneys' fees and litigation expenses, arising from any: (i) breach by Customer of any representation or covenant made by Customer or User under this Agreement or to Bowen Resources LLC; (ii) breach by Customer of any provision of the Terms and Conditions of this Agreement; (iii) failure of Customer to comply with applicable environmental, health and safety laws and (iv) any use by Customer or third parties of the Product(s) sold to Customer. Notwithstanding the foregoing, Customer shall not be liable to Bowen Resources LLC for any portion of such liabilities that result from Bowen Resources LLC's fraud, bad faith, or willful misconduct.
17. Term and Modification.
This Agreement shall govern so long as Customer purchases any Product from Bowen Resources LLC or uses this Web Site, provided, however, that this Agreement may be modified unilaterally by Bowen Resources LLC's providing notice to Customer through any of the following means: Bowen Resources LLC's posting of any modification or revised Agreement or terms on the Web Site or by Bowen Resources LLC's providing written or electronic notice to Customer via any means reasonably calculated to provide actual notice to Customer including facsimile transmission, e-mail or other electronic mail, Federal Express or similar delivery, hand delivery, or ordinary first-class mail with postage prepaid. In such event, any modification or revision to the Agreement shall become effective upon publication thereof on Web Site or, if earlier, upon Customer's receipt of said notice, and shall only apply to Product purchase orders occurring after the effectiveness of such notice to Customer.
18. Termination.
Bowen Resources LLC reserves the right, in its sole discretion and without notice, to terminate access to the Service and disable the password issued to any Customer that Bowen Resources LLC believes in good faith has (a) failed to abide by any provision of this Agreement, (b) provided false or inaccurate information to Bowen Resources LLC, or (c) failed to maintain information provided current.
19. Noninterference.
Customers are prohibited from using any robot, spider, other automatic device to monitor or copy portions of the Web Site or the content contained herein without Bowen Resources LLC's prior written permission. Customers agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or or Service or take any action that imposes an unreasonable or disproportionately large load on the Web Site. Customers of this Web Site agree not to download, reproduce, duplicate, copy or otherwise exploit any portion of the Web Site for the purpose of sale, resale, or making other commercial use thereof.
20. Authority to Export.
All orders accepted for export are subject to issuance of an export license by the United States Government for export of the Product(s), and subject to Customer's providing Bowen Resources LLC with the relevant import certificate, or any other document necessary to secure such export license and/or to permit the import of such goods into the country of destination.
21. Governing Law.
Bowen Resources LLC, which operates this Web Site, has a principal place of business in Utah. But this Web Site can be accessed anywhere in the United States and abroad. Because each of the states may have differing laws that may effect the interpretation of this Agreement, Customers agree that this Agreement will be governed and construed under the laws of the state of Utah, without resort to the choice of law provisions thereof. Moreover, Customers hereby irrevocably consent to the exclusive jurisdiction of the federal and state courts located in Utah for the purpose of resolving any and all disputes arising under this Agreement. Any action by Customer under or relating to this Agreement or use of the Web Site or Service must commence within six (6) months after such cause of action accrued.
22. Severability.
If any provision or portion of this Agreement is not given legal effect by a court of competent jurisdiction, such provision or portion shall drop out of this Agreement and the remaining provisions and portions of this Agreement shall be construed and enforced.
23. Force Majeure.
Bowen Resources LLC shall not be responsible for any failure to perform the Service or for delays in shipment, delivery or any other nonperformance due to causes beyond its control, including, but not limited to, acts of God, labor disputes or shortages, acts or omissions of Customer, government or judicial authorities, or military authorities, delays in transportation, or inability to obtain necessary materials or supplies, all whether foreseen or unforeseen.
24. Entire Agreement/ Non-Waiver.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior written and oral communications and understandings. Bowen Resources LLC's failure to exercise any of its rights for any period shall not constitute or be deemed a waiver or forfeiture of such rights.
25. Third-Party Beneficiaries.
This Agreement shall not confer any rights or remedies upon any third-party, other than the parties to this Agreement and their respective successors and permitted assigns.
26. Notice.
Except as otherwise provided herein to the contrary, notice to be provided to Bowen Resources LLC shall be given by actual delivery or by registered or certified, pre-paid U.S. postal service mail delivery, return receipt requested, to Bowen Resources LLC at 120 S. 8600 E. Huntsville UT 84317 or such other address as Bowen Resources LLC shall publish on its Web Site for notices to be given to Bowen Resources LLC. Notice to Customer shall by given by Bowen Resources LLC by any means reasonably calculated to provide actual notice to Customer at the address specified by customer.
27. Core Exchanges
For core exchanges, Customer understands, and agrees, that Bowen Resources LLC requires a core returned to them within 30 days of original purchase. If Customer fails to return their core within the 30 day time frame, Bowen Resources LLC will charge the Customer's credit card for the price of the core.