Terms and Conditions
Terms and Conditions
1. Overview
These Terms and Conditions (“Terms”) govern your use of the Kowal and Son website, online store, and repair services (collectively, the “Services”). By placing an order, booking a refurbishing deposit, or using this site in any way, you agree to be bound by these Terms.
If you do not agree, please do not use the site or book services.
2. Services and Products
Kowal and Son provides:
- Woodwind repair services, with a focus on clarinet repairs, refurbishments, and overhauls.
- Installation of individual pads, corks, springs, and related adjustments.
- Sale of used and refurbished instruments and accessories via WooCommerce.
- Booking of refurbishing deposits and service appointments through the website.
We reserve the right to modify or discontinue any product or service at any time without notice.
3. Booking, Deposits, and Cancellations
Some services require a non‑refundable or conditionally refundable deposit to reserve a place in our repair schedule. Deposit amounts and refundability are stated on the relevant product or booking page at the time of purchase.
Work generally does not begin until the required deposit has been received and the instrument has arrived at our shop.
If you need to reschedule or cancel, you must contact us within the time window stated on the booking product page; after that window, deposits may be fully or partially non‑refundable at our discretion.
4. Estimates, Approvals, and Turnaround Times
Any quotes or estimates provided—online, by email, or in person—are good‑faith estimates based on visible issues at the time of evaluation. If we discover additional problems once the instrument is disassembled or bench‑tested, we will contact you for approval before proceeding with work that materially changes the price.
Turnaround times are estimates only and may vary due to parts availability, workload, and the condition of the instrument. We are not liable for delays beyond our reasonable control.
5. Ownership, Authorization, and Third‑Party Warranties
By submitting an instrument for service or sale, you represent that you are the legal owner of the instrument or are authorized by the owner to approve work and incur charges.
You are solely responsible for understanding any manufacturer or third‑party warranty coverage. Our repairs may affect or void certain warranties; Kowal and Son is not responsible for any loss of third‑party warranty coverage.
6. Workmanship Warranty
Kowal and Son warrants its workmanship as follows:
- Single‑item repairs (pads, corks, springs, minor adjustments): 30 days from date of completion.
- Full refurbishments/overhauls: 90 days from date of completion.
- Used instruments sold by us: 90 days from date of delivery, limited to defects related to our refurbishment work, not to general age, cosmetic condition, or issues disclosed at the time of sale.
This warranty covers defects in workmanship under normal use and playing only.
Exclusions
This warranty does not cover:
- Damage caused by drops, impacts, accidents, abuse, or improper handling or packing.
- Exposure to extreme heat, cold, or humidity, including leaving instruments in vehicles or unconditioned spaces.
- Unauthorized repairs, adjustments, or modifications performed by anyone other than Kowal and Son without our prior written approval.
- Normal wear of pads, corks, springs, keywork, or finishes.
- Pre‑existing conditions or issues disclosed at the time of estimate or sale.
How Warranty Service Works
Warranty service is limited to readjustment or re‑repair of the original work at our discretion.
To receive warranty service, the instrument must be returned to Kowal and Son for inspection and service; we do not reimburse or pay for work performed by other repair technicians or shops without our prior written approval.
Shipping to our shop for warranty evaluation is the customer’s responsibility; if we confirm the issue is covered by this warranty, return shipping is also the customer’s responsibility.
Limitations
This warranty is provided only to the original customer and is not transferable.
Warranty coverage does not include refunds or replacement instruments; our sole obligation is to correct qualifying workmanship issues on the serviced instrument.
7. Instrument Condition, Cosmetic Changes, and Play‑Testing
Standard repair procedures can cause minor cosmetic changes, such as small tool marks, polishing differences, or changes in the appearance of lacquer, plating, or wood, especially on older instruments. These normal side effects of repair are not considered damage and are not covered under warranty.
We may play‑test instruments after service to verify keywork, tuning, and response. This testing may result in minimal additional wear consistent with normal playing.
8. Shipping, Handling, and Risk of Loss
If you ship an instrument to us:
- You are responsible for properly packing the instrument and for choosing a trackable, insured carrier.
- Risk of loss or damage in transit lies with the customer and/or the carrier; Kowal and Son is not responsible for instruments until they are received and checked in at our shop.
When we ship an instrument back to you, we will use the method described at checkout or agreed in writing. Risk of loss passes to you when the instrument is handed to the carrier.
Shipping costs (including any customs, duties, or import fees, if applicable) are the customer’s responsibility.
9. Payments, Taxes, and Pricing
All prices are shown in U.S. dollars and are subject to change without notice.
Payment is due as follows:
- For repair services, full payment is typically due upon completion and prior to pickup or shipment back to you.
- For deposit products and used instruments, payment is due at the time of online checkout.
We accept the payment methods displayed at checkout (such as credit/debit cards and PayPal).
Applicable sales tax will be collected for orders shipped to or picked up in jurisdictions where we are required to collect tax.
We strive for accuracy but reserve the right to correct any pricing or description errors, including after an order has been submitted. If an error materially affects your order, we will contact you to confirm or cancel the order.
10. Returns, Refunds, and Exchanges
Repair Services
Because repair and refurbishing services are custom work performed on your instrument, fees for completed services are generally non‑refundable.
If you believe there is a workmanship issue, please refer to the Workmanship Warranty section above and contact us within the applicable warranty period.
Used Instruments and Accessories
Return eligibility and any restocking fees will be stated on the individual product page or in your order confirmation. In general:
- Instruments must be returned in the same condition as received, with all included parts and accessories.
- You are responsible for return shipping and insurance.
- Refunds, if approved, may be subject to a restocking fee to cover inspection, cleaning, and transaction costs.
Custom orders, special‑order parts, installed pads/corks, and similar customized work are not refundable except as required by law.
11. Abandoned Instruments and Storage Fees
We will notify you when your instrument is ready for pickup or when work has been completed.
If an instrument is not picked up or shipping arrangements are not made within 30 days of notification, we may charge reasonable storage fees.
If an instrument remains unclaimed for 90 days after notification and reasonable attempts to contact you, the instrument may be considered abandoned. Subject to applicable Florida law, we reserve the right to sell, consign, or otherwise dispose of abandoned instruments to recover repair, parts, storage, and sales costs; any remaining balance, if required by law, will be handled in accordance with those laws.
You are responsible for keeping your contact information current and for monitoring email or other communication channels.
12. Limitation of Liability
To the fullest extent permitted by law, Kowal and Son will not be liable for any indirect, incidental, special, or consequential damages arising out of or related to our services, products, or this website, including loss of use, loss of profits, or loss of performance opportunities.
Our total liability for any claim related to a specific instrument, product, or order is limited to the amount you paid to us for that instrument, product, or service.
13. Website Use and Intellectual Property
All content on this site—including text, photos, logos, product descriptions, and media—is the property of Kowal and Son or our licensors and is protected by copyright and other laws. You may not copy, reproduce, or reuse our content for commercial purposes without our prior written permission.
You agree not to misuse the site, attempt to interfere with its operation, or engage in any automated scraping or data extraction.
14. Governing Law and Dispute Resolution
These Terms and any disputes arising out of or related to them are governed by the laws of the State of Florida, without regard to its conflict‑of‑laws principles.
Any legal action must be brought in the state or federal courts located in or serving our local county in Florida, and you consent to the jurisdiction and venue of those courts.
15. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. Your continued use of the site or services after changes are posted constitutes your acceptance of the updated Terms.
