Dealer | Distributor Terms and Conditions

 

Billing and Payments

Pricing:

All prices are stated in US dollars and are subject to change without notice. Prices are suggested and possession of our price lists does not guarantee the right to purchase parts at those prices. Phenix may at its discretion offer special discounted pricing and sales on product, including but not limited to, new products, overstock, or discontinued parts. Special discounts or price changes may not be used for previously purchased goods.

Payment: Method of payment available to customers

• Credit Card – Visa, MasterCard, American Express
• Wire Transfer – Fees paid by customer
• Open Terms – Net from date of invoice based on credit approval. Open terms will be based on a credit application and verification as well as buying volume.

Delinquent Accounts:

All delinquent accounts may have a service charge of $25 per month added to the past due balance. Accounts over 30 days past due will be PREPAID until balance is current. Shipments to any delinquent account may be held until the outstanding balance is PAID IN FULL, including service charges where applicable. Any account that is past due for more than sixty (60) days may be turned over for collection. Collection fees incurred will be paid by the debtor. Failure to maintain balances within terms may result in revocation of open terms.

Order Placement

Orders may be placed in any of the following ways:

• Email – send all email orders to orders@phenixindustries.com
• Fax – our fax number is (951) 848-0761
• Telephone – our order desk number is (951) 780-9330 option 2.
• Online – Please contact us to setup online ordering

For accuracy purposes, we recommend orders be submitted online or in writing, by either email or fax. If applicable, please make sure all PO numbers are clearly noted on the order.

Order department hours are 8:00am to 4:30pm PST. Please allow up to 3 business days to process and ship orders, however every attempt will be made to ship all orders sooner. Orders for same day or rush shipment should be placed by 1:00pm PST that day.

Backorders

It is our policy to hold backorders for sixty (60) days or until the customer advises to cancel backorders. Backorders will ship as soon as they become available.

Special Orders

Hose orders are cut to length and are NOT returnable. Crimped lines are built to order and are NOT returnable. Returns for these items will only be considered if defective or wrong item sent, please contact us directly.

Due to the nature of manufacturing, we are not able to accept returns or cancellations for specially made product and all sales will be considered FINAL. We will also require a minimum quantity / dollar amount for special orders. Large volume purchases may be considered special order and require extra time for manufacturing and cannot be cancelled or returned.

For specialty made products requiring engineering and CAD drawings, and/or parts made exclusively for a customer, a prepaid fee of $500 will be collected prior to design and manufacturing. This charge can be applied to the engineering fee of $150 (which covers CAD drawings supplied to the customer, machine setup, materials, etc) and parts purchased thereafter. This fee is non-refundable.

International Sales

All international orders are prepaid USD and may require payment via wire transfer. International shipping will be prepaid and shipped in the most efficient shipping method available at Phenix’s discretion. Please contact us for any special circumstances or if customer requires a freight forwarder of their choice. Customs and duties are to be paid by the recipient. Phenix will close any backorders for international shipments and do our best to notify the customer of backorders prior to shipping, offer alternatives if available, and refund any parts we are not able to fulfill. Drop shipping is not available for international orders. Recipient is responsible for following their local regulations for aftermarket parts, installation, resale, and usage.

Manufacturing

We are always striving to improve our product line. Therefore, manufacturer reserves the right to change product design without notice. Changes may include cosmetic, dimensions, flow, markings, color variations, and more.

Freight Policy

Orders are shipped FOB from the nearest Phenix Warehouse with available stock. Freight will be shipped via common carrier prepaid and added to customer invoice. Requests by customers for specific carriers will be honored when possible on freight collect shipments.

Prepaid freight for Phenix dealers available for orders of $1200 or more purchased at one time of any mix of product, via surface transportation within the continental US to a single destination. Phenix reserves the right to select method of transportation. Those orders not meeting the minimum dollar amount will be shipped ‘pre-paid and add’. Phenix will make every effort to give a courtesy call if the order amount is close to meeting our freight pre-paid level.

Drop Ship Policy

Orders under $50 shipped to an address other than that of originating customer address are subject to additional $10.00 drop ship fee per order, per ship-to location order. Drop shipping is not available for international shipments. Standard freight policy will apply to drop ship orders. Any customer service, technical support, returns, warranty information, etc. are the responsibility of the dealer to handle with the end customer.

Shipping Errors / Damage

Errors are required to be reported within two (2) business days of receipt of goods. Merchandise should be returned only after receiving written authorization and an RMA number. Please ship prepaid, indicate assigned RMA# on each carton, and include a copy of freight bill for credit.

Always check the condition and carton count against the packing slip provided. Damages to shipment must be claimed to with the freight company at the time of delivery. Title passes to buyer when the merchandise is picked up by the carrier at the facility in Henderson, NV. Therefore it is important that claims be made at the time of delivery. If Phenix selected the carrier, we will issue credit to the customer and submit a claim to the carrier providing customer notifies Phenix with two business days of the damage. If customer selected carrier or provided collect account information, it is the customer’s responsibility to file claim for damage with carrier.

Returns

All sales are final. Any returned merchandise must be accompanied by a Return Material Authorization or RMA number issued by a Phenix representative. If a product is accepted as a return, replacement parts or house credit will be issued. Cash or credit card refunds are not available. Please ship prepaid, indicate assigned RMA# on each carton, and include a copy of RMA for credit.

Deductions

No deductions from payment are to be taken until a written Credit Memo is issued by Phenix Industries. Every effort will be made to issue Credit Memos in a timely manner. Unauthorized deductions will be treated as a partial payment. The customer will be notified if there will be an unusual delay in processing credit.

Stock Adjustments

A maximum of 3% of purchases made during the previous calendar year may be returned. Only one stock adjustment per calendar year is allowed and only for items purchased within the last 24 months. Credit amount will be based on original purchase price, and discontinued stock is not eligible for return. Customer is responsible for return shipping charges. An RMA# will be issued only after a written list of those products to be returned has been submitted to the factory for approval. All stock adjustments must be accompanied by at least a two for one (2 for 1) offsetting order to avoid restocking fee. All returns are subject to a 20% handling and re-stocking fee, with a mandatory fee for any repackaging required. Credit will be issued in a timely manner, so no deductions please.

Minimum Advertised Price (MAP) Policy

The MAP guidelines are applicable to all Retailers and/or Wholesalers who sell Phenix products (purchased either directly from Phenix or through a wholesaler). Authorized Phenix distributors may market, advertise, or offer to sell Phenix products at not less than “Jobber Pricing” as established by Phenix price lists. Phenix will provide its distributors with MAP/Jobber price lists on an annual basis or as prices change. Violation of MAP policy may result in suspension or termination of dealership.

No customer may use, apply for or register any trademarks, company names or domain names that are identical or confusingly similar with Phenix’s trademarks, product names or company names without Phenix Industries prior written consent. MAP guidelines are subject to revision, at the sole discretion of Phenix, from time to time.

Warranty

All products are sold with a one (1) year limited warranty against defects in materials or workmanship. These parts are designed to be used off-road by professional crews in the field of racing. This warranty will not exceed the original purchase price of the goods. Any defective parts should be returned to Dealer where purchased. This warranty does not apply to any products subject to damage in transit, accident or misuse or abuse following the date of original purchase. Phenix Industries will not be liable for loss, damage, or injury from the use of these products. Racing by the nature of the business is a dangerous pursuit and the user is responsible for determining the suitability of the product and assumes all responsibility for its use.