Repair Terms, Conditions, and Liability – Kowal and Son LLC

Kowal and Son LLC

Woodwind Instrument Repair Terms – Repair Terms, Conditions, Release, Waiver, and Liability Agreement

Last updated: 3/13/2026

These Terms and Conditions (“Terms”) govern all repair and restoration services provided by Kowal and Son LLC, a Florida limited liability company, including its members (including Brad Kowal and Lucas Kowal), employees, contractors, and agents (collectively, “Kowal and Son,” “we,” “us,” or the “Technician”).

By leaving an instrument with us, shipping an instrument to us, or signing our Customer Intake and Repair Agreement, you (“Customer,” “you”) agree to be bound by these Terms.

1. Scope of Services

  • We provide woodwind instrument repair, adjustment, repadding, deep cleaning, polishing, recorking, restoration, and related services as described on our website and intake forms.
  • Specific work to be performed will be documented on your Customer Intake and Repair Agreement and, where applicable, a Technician Inspection and Condition Assessment Form.
  • Any additional work beyond what you initially approve will only be performed with your authorization, subject to your estimate preferences.

2. Estimates, Authorization, and Communication

  • You may choose:
    • No estimate required (proceed with listed services),
    • Estimate required over a specified dollar amount, or
    • Written estimate required before any work begins.
  • Estimates are good-faith approximations, not fixed quotes; actual costs may vary if additional issues are discovered during disassembly and inspection.​
  • If we discover additional necessary work, we will attempt to contact you using your preferred method. If you do not respond within the time and amount thresholds selected on your Intake Form, we will follow the option you selected (stop work and reassemble as-is, or proceed up to an additional amount).

3. Ownership and Authority

  • You represent and warrant that you are the lawful owner of the instrument, or are fully authorized by the owner to approve repairs and agree to these Terms.
  • You agree to indemnify and hold harmless Kowal and Son LLC and its members, employees, and agents from any third‑party claims arising out of disputes over ownership or authority to authorize repairs.​

4. Instrument Condition and Pre‑Existing Damage

  • A Technician may complete a Technician Inspection and Condition Assessment Form documenting visible condition, including cracks, wear, missing parts, and cleanliness.
  • Many issues (e.g., internal cracks, prior improper repairs, hidden structural weaknesses) are not discoverable without disassembly or may only become apparent during/after repair.
  • We are not responsible for pre‑existing defects, prior repairs, wear, or damage that existed before we received the instrument, whether or not such conditions were documented initially.

5. Inherent Risks of Repair Work

Woodwind repair, especially on vintage or heavily worn instruments, carries inherent risks, including but not limited to:

  • Stress to wood, metal, and other materials during disassembly, adjustment, and reassembly.
  • Hidden cracks or weaknesses that may worsen, spread, or become visible during or after repair.
  • Finish changes, including lacquer checking, plating loss, tarnish removal, or minor scratching during normal repair procedures.
  • Discovery that an instrument is beyond economical repair or cannot be restored to desired playing condition.
  • Differences in tone, feel, and response after repair or restoration compared to prior condition.

By using our services, you acknowledge and accept these risks.

6. Limitation of Liability and Release

To the maximum extent permitted by Florida law:

  • You release and agree not to sue Kowal and Son LLC, its members (including Brad Kowal and Lucas Kowal), employees, contractors, and agents (collectively, the “Released Parties”) for claims arising from ordinary negligence related to:
    • Repair, adjustment, cleaning, or restoration work;
    • Handling, storage, and transportation of your instrument while in our care;
    • Selection and use of parts, pads, and materials.
  • This release does not apply to claims, if any, based on gross negligence or willful misconduct to the extent such claims cannot be waived under Florida law.

Liability Cap:

  • In any case, the total liability of the Released Parties, if found liable, is limited to the lesser of:
    1. The total amount you paid to Kowal and Son LLC for the specific repair work at issue; or
    2. The documented fair market value of the instrument immediately before the repair, as stated on your Intake Form.

No Indirect or Consequential Damages:

  • We will not be liable for consequential, incidental, or special damages, including but not limited to:
    • Loss of use, loss of performance opportunities, or loss of income;
    • Loss of expected future value or appreciation;
    • Emotional distress or inconvenience.

7. No Guarantee of Results

  • We use professional skill, care, and commonly accepted woodwind repair techniques, but we do not guarantee:
    • A particular tone, response, or playing feel;
    • “Like‑new” cosmetic condition, especially on older or heavily worn instruments;
    • That a repair or overhaul will meet a specific audition, performance, or resale goal.
  • Older, cracked, or previously damaged instruments may have permanent limitations that no amount of repair can fully resolve.

8. Warranty on Repair Work

Our workmanship warranty is limited as follows:

  • Routine repairs, minor adjustments, and cleaning: 30 days from date of pickup or shipment back to you.
  • Repad and complete mechanical overhaul: 3 months from date of pickup or shipment back to you.

The warranty:

  • Covers only workmanship and materials supplied by Kowal and Son LLC.
  • Does not cover:
    • Normal wear, pad settling, or cork compression over time;
    • Damage or misadjustment due to drops, improper handling, environmental conditions (e.g., humidity, heat), or third‑party work after pickup;
    • Issues caused by customer modifications or unauthorized repairs.
  • Warranty service requires return of the instrument to Kowal and Son LLC. We do not reimburse third‑party repair costs.

9. Shipping and Transit

If you ship an instrument to us or request return shipping:

  • You are responsible for proper packing and for purchasing appropriate insurance through the carrier.
  • Risk of loss or damage in transit to and from our shop remains with you; any transit claims must be filed directly with the carrier.
  • Upon receipt, we will visually inspect for obvious shipping damage and notify you if we see significant issues; this does not shift transit risk to us.
  • For return shipping, we will pack with reasonable care, but we are not responsible for carrier mishandling, delays, or loss.

10. Abandoned Instruments and Storage

  • We will notify you when work is complete using your preferred contact method.
  • You agree to pick up the instrument (or arrange shipping) within 30 days of completion notice.
  • After 30 days, storage fees of $25 per month may be charged.
  • If the instrument remains unclaimed for 90 days after completion notice and no written arrangement for extended storage is in place, we may treat it as abandoned property under Florida law and exercise an artisan’s lien to recover unpaid charges and storage.

Under Florida Statutes §713.58 and §85.031 (artisan’s lien):

  • We may sell the instrument at public sale after required notice to recover:
    • Repair charges,
    • Storage fees, and
    • Reasonable costs of sale.
  • Any surplus, if any, will be held for you for a reasonable period upon written request.

11. Payment, Deposits, and Work Stoppage

  • Payment terms (e.g., due on completion, deposit required) will be indicated on your Intake Form.
  • We accept the payment methods listed on the form or on our website.
  • If you instruct us to stop work after we have begun, you are responsible for:
    • Labor performed up to that point;
    • Any non‑returnable or special‑order parts;
    • Restocking fees for returnable parts where applicable.
  • We may decline to release an instrument until all charges are paid in full.

12. Right to Refuse or Discontinue Service

  • We reserve the right, in our sole professional judgment, to refuse or discontinue work if:
    • The instrument cannot be safely repaired;
    • The cost of repair is disproportionate to the instrument’s value or condition;
    • Biohazard conditions (mold, bodily fluids, severe infestation) present health or safety risks.
  • In such cases, you remain responsible for any diagnostic fee and any reasonable costs incurred up to that point.

13. Cleanliness, Biohazards, and Health

  • Instruments may arrive with dirt, mold, or other contamination. We may require a deep cleaning or charge additional fees where contamination is severe or hazardous.
  • We may refuse service or return an instrument unworked if we deem it unsafe to handle, with only diagnostic or inspection fees applying.

14. Photographs, Documentation, and Privacy

  • We routinely photograph or otherwise document instruments before, during, and after repair for:
    • Internal records and quality control,
    • Insurance documentation, and
    • Training and process improvement.
  • Non‑identifying images (no names, addresses, or serials that can be reasonably tied to you) may be used for educational or promotional purposes on our website, social media, or other marketing channels.
  • We handle customer contact and payment information in accordance with our Privacy Policy.

15. Customer Responsibilities

By using our services, you agree to:

  • Provide accurate contact and instrument information.
  • Disclose any known issues, prior major repairs, or modifications.
  • Review and sign the Customer Intake and Repair Agreement (and, where applicable, the Technician Inspection Form).
  • Inspect the instrument promptly upon pickup or receipt and notify us within a reasonable time if you believe warranty‑covered issues exist.
  • Maintain appropriate insurance for your instrument at all times, including while it is in our possession and in transit.

16. Governing Law, Venue, and Severability

  • These Terms are governed by the laws of the State of Florida.
  • Any disputes arising out of or relating to our repair services or these Terms will be brought exclusively in the state courts located in Alachua County, Florida.
  • If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

17. Agreement to Terms

By signing our Customer Intake and Repair Agreement, delivering or shipping an instrument to Kowal and Son LLC, or authorizing work by email, text, or other written communication, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the limitation of liability, release, and warranty provisions above.

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