Dealer | Distributor Terms and Conditions

Dealer Accounts

To maintain the integrity of our product distribution, Dealer accounts have certain requirements including submitting appropriate licensing, resale certificates, proof of business location and authorized agents. The nature of the relationship is between Phenix Industries and the registered company and its authorized agents. Phenix grants the dealer or distributor the right to sell, install, and market our performance plumbing products. Phenix offers several tiered programs and territories which require various minimum sales volumes and stocking requirements. Tier pricing and territory may be adjusted upon review. Additional contractual obligations may apply.

Any support beyond the original purchase of product to an end user including returns, refunds, installation, etc is the responsibility of the dealer. Allowing parties outside your business to utilize your account status, discount, tax status or payment method is violating the relationship with Phenix Industries and may result in closing your dealer account.

Pricing

All prices are stated in US dollars and are subject to change without notice. Prices are suggested and possession of our price list 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 ground 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.

Specialty made and contract products are subject to additional terms and conditions as outlined under “Specialty Manufacturing.”

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.

Shipping Policy

Orders are shipped FOB Origin 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.

Specialty and Contract Manufacturing

In addition to our standard policies, Specialty and Contract Manufacturing is subject to additional terms as outlined below.

Prices

List prices, discounts and quotations are subject to acceptance by Phenix Industries (Phenix). If it is necessary to change prices after order acceptance, Customer approval will be obtained prior to shipment; otherwise, the order will be deemed canceled. Phenix reserves the right to correct any obvious errors in specifications and prices. Specialty pricing may apply to contract, large volume, or products not in our standard catalog. All prices are quoted based on the totality of the information provided to us at the time of quoting.  Prices are valid for 30 days.

Terms of Payment

Without approved credit and an account having been established with Phenix prior to the commencement of work, all orders may require a 50% deposit and balance prepaid prior to shipment. All fees, invoices and charges are transacted in US$ dollars.

Purchase Order  

A written purchase order is required for all orders.  All purchase orders will be reviewed against Phenix’s quotation for accuracy.  Any changes to the scope of the project subsequent to the quote will require a re-evaluation of the quote.

Initial work on the project will not begin until the requirements of the project are accurately defined, prices are agreed upon and reflected in the purchase order, and all information and materials to be provided by the Customer are received.

Quantities

Customer agrees to accept over/under runs not to exceed 10% of ordered quantity on each line item. Closer control of quantity requires special arrangements with vendor.

CAD Files / Drawings

Programs are created for our CNC machines from the CAD drawings supplied to Phenix. It is presumed that the Customer will supply accurate CAD drawing files.  Phenix is not responsible for errors in CAD drawings supplied by the Customer.

Phenix can for an additional fee supply CAD drawings to a Customer’s specifications to be approved by the Customer. This engineering fee is nonrefundable but may be included in the cost of parts purchased.

Signed acceptance of these drawings will be required before production of First Article Order. Phenix will make parts to the agreed upon drawings and will not be responsible for problems encountered upon Customer’s application.

Materials, Tolerances and Variations

Unless otherwise specified all materials will be sourced by Phenix. In the event of Customer supplied materials, material shall be subject to inspection upon receipt and acceptance by us at our facility to assure acceptability for processing and conformance to your representations and our quotation requirements.

Tolerances should be clearly specified on production drawings.  The Customer must provide documentation that shows the critical information such as (but not limited to): measurements with tolerances, required pressure ratings, material requirements and finish class. If a measurement does not contain a tolerance, then Phenix tolerances are used. All goods shall be subject to tolerances and variations consistent with usual trade regarding dimensions, straightness, section, composition, mechanical properties, normal variations in surface and internal conditions and quality, and shall also be subject to deviations from tolerances and variations consistent with practical testing and inspection methods.

First Article Orders

A First Article Order is a manufactured part Phenix is building for the first time, or an existing part that has had a change to form, fit, function or material. The purpose of the First Article Order process is to ensure that Phenix is capable of producing the part to the Customer specifications. The quantities for these types of orders are at the Customer’s discretion. A First Article Inspection Report (FAIR) will be provided with the measured part (s) for your approval. Once Phenix receives Customer approval, manufacturing orders may start. Should you elect to have production quantities manufactured before the First Article Order is approved, then you waive your right to file a claim for the parts should the parts not meet your expectations.

Cancellations, Change Orders or Add-Ons

An order may not be canceled after materials have been ordered or scheduling and production has begun. Since all orders are individually entered for processing immediately upon receipt of Customer Purchase Order and receipt of materials to be processed, we reserve the right to charge back to you any costs incurred from cancellation of the order, or for our processing of any item on the order prior to receipt of cancellation notice. Changes in quantities ordered above the original requested amount require submitting a new Purchase Order and may require additional lead times. You are allowed one (1) delivery date change not to exceed thirty (30) days. Upon receipt of the second request or if the first request delivery date change exceeds thirty (30) days, then 50% of the order value is due and payable. We also reserve the right to consider all change orders and add-ons as separate and new orders subject to all terms and conditions of sale.

Lead Time and Deliveries

Lead times may vary due to current workload, material availability, job complexity and quantity of order. Once a Purchase Order is received, prices and current lead times will be confirmed to the Customer. Phenix will estimate the date of shipment as closely as possible and will make every effort to ship as promised but cannot and do not guarantee shipping dates. We assume no liability for loss or damage due to delay or the inability to ship caused by any reason, in whole or in part, beyond our reasonable control including but not limited to unavailability of material, labor difficulties, acts of God, war, accident, transportation difficulties, delays of subcontractors or suppliers, or other causes beyond our control. Rush and expedited orders may incur additional fees not originally quoted. Phenix cannot guarantee ability to accommodate rush orders and failure to meet request does not cancel original order.

Claims

All goods sent out will be carefully examined, counted and packed by Phenix. The cost of any special packing or special handling caused by Customer requirements or requests shall be added to the amount of the order. If any goods received by Customer are nonconforming, damaged, visibly defective, or if the quantities received by you do not agree with the quantities indicated on the shipping documents, and if Customer intends to assert any claim against Phenix on this account, Customer shall within ten (10) business days after such receipt, furnish us with detailed written information of such damage, nonconformance, defect or shortage. Customer’s failure to so inform Phenix or your use of the material shall be your acknowledgement that we have satisfactorily performed. Orders are shipped FOB Origin from the Phenix Warehouse with available stock.  Claims for goods damaged or lost in transit should be made on the carrier, as our responsibility ceases on delivery to the carrier. Unless otherwise expressly stated, shipment may be by carrier or other means selected by Phenix.

Tools and Fixtures

Unless otherwise expressly provided, any tools, or fixtures which may be developed for use in the production of the goods covered shall be owned by Phenix, even though Customer is charged in whole or in part for the cost of such tools and fixtures.

Patent Infringement

If any goods and/or services are to be furnished to Customer specifications, Customer agrees to indemnify Phenix and our successors and assigns, against all liabilities and expenses resulting from any claim of infringement of any patent in connection with the production of such goods.

Indemnification

Customer agrees to indemnify, defend and hold harmless Phenix Industries, its officers, directors, employees, agents and third parties, for  any loss, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of Customer’s use of or inability to use Phenix goods and/or services, advertising made by Customer, Customer’s violation of any terms of this Agreement or Customer’s violation of any applicable laws, rules or regulations.

Government Contracts

Where Customer has indicated that your order is placed under a prime contract with the United States Government or a subcontract thereunder and have designated any one or more of the clauses contained in the Armed Services Procurement Regulations as presently in effect, such clauses so designated are incorporated herein to the extent they are required by Federal statute or regulation or by the terms of your prime contract or subcontract.

Compliance with Laws

Any clause required to be included in a contract by any applicable law, or by any administrative regulation having the effect of law, is hereby incorporated herein.

Warranties

Phenix warrants only that the goods and/or services we furnish will conform to their description as herein stated, subject to tolerances and variations described in the paragraph titled “Conditions of Materials, Tolerances and Variations.” We make no other warranty, expressed or implied, and specifically disclaim and exclude any and all warranties of merchantability and fitness for a particular purpose.

Returns

No returns shall be accepted for custom and contracted work unless it does not meet specifications as outlined above. Any returns are subject to our standard return policies and require an RMA for processing.

Limitation of Liability

Customer’s exclusive remedy and our only liability arising out of this contract shall be replacement or repair of the goods or return of the purchase price paid by you, whichever such remedy we shall select. If we elect to repay the purchase price, you must return the goods to us immediately. Except for nonpayment by you, any action arising out of this contract must be commenced within one year from date of delivery in arbitration with the American Arbitration Association.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administer by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon in in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of the Terms and Conditions.

Entire Agreement

The terms set forth herein constitute the sole terms and conditions upon which Phenix offers our goods and/or services for sale. No other terms, conditions, waiver, alteration, modification, or understanding, whether made in writing and signed by our authorized representative. Phenix hereby specifically objects to any different or additional terms that may be contained in your purchase order.

Website Use

Welcome to www.phenixindustries.com by Phenix Industries (“PHENIX”). Please read these Terms and Conditions of Use (“Terms and Conditions”) completely and carefully before using phenixindustries.com (the “Site”). By using the Site, you express your unconditional agreement to follow and be bound by the Terms and Conditions of Use in their entirety. If you do not agree with any of the following Terms of Use and Conditions, please do not use this Site.

Further, by accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18, but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Phenix does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms and Conditions on their behalf. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

Security

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forgoing any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. PHENIX will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from PHENIX on this Site and other than generally available third-party web browsers.

Warranty Disclaimer

THE CONTENT ON THIS SITE IS PROVIDED TO USERS “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PRUPOSE, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. PHENIX DOES NOT WARRANT THAT THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE INCLUDING WITHOUT LIMITATION TYPOGRAPHICAL, FACTUAL ERRORS, OR TECHNICAL INACCURACIES. PHENIX PROVIDES NO WARRANTY THAT THE SITE WILL BE FREE OF TECHNICAL MALFUNCTIONS, OR THAT THE SITE=S SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THE PHENIXINDUSTRIES.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL PHENIX OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PHENIX HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT WILL PHENIX BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE ON THE DATE WHICH THE CLAIM AROSE.

Third Party Links

The links from the PHENIX website to the World Wide Web provide access to information from a variety of sources. The presence of these links is not an endorsement of any product or information available from other sources. PHENIX disclaims any and all responsibility for the information which is accessible through this web site, and assumes no liability associated therewith. We make no warranty, guarantee, or representation, express or implied, with respect to the accuracy, effectiveness, or usefulness of any information, methods, or materials that are available, or described herein. PHENIX does not assume any liability for the use of any information, methods, or materials found herein or for damages arising from such use, nor assume any responsibility for any injury to individuals or property, or for any financial loss, sustained as a result of the use or application of the information, methods, or materials that are available, or described, in our links to other sites. PHENIX has no control over the resources that can be accessed from our website.

User Input

Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any document or other information contained on this Site, shall be deemed to be non-confidential and PHENIX shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation.

Registered users may post reviews, comments, photos, and other communications; and submit suggestions, ideas, comments, questions, or other information. Users are not permitted to post content that is illegal, false, misleading, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, violates any local, state, or Federal law, or any form of user-initiated submission as set forth in Section 1 above. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.

If you do post content or submit material, and unless we indicate otherwise, you grant PHENIX a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PHENIX and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and defend PHENIX for all claims resulting from content you supply; the duty to defend is distinct from the indemnity obligation. PHENIX has the right, but not the obligation, to monitor and edit or remove any activity or content. PHENIX takes no responsibility and assumes no liability for any content posted by you or any third party.

Trademarks and Copyrights

All trademarks relating to the Site, including but not limited to “PHENIX”, “Phenix Industries” or “phenixindustries.com” is the sole property of PHENIX. In addition, other names, logos, characters and images on the Site are the trademarks of PHENIX, or their respective owners. You agree not to use any trademark located on the Site for any purpose without the prior written consent of PHENIX. All content, including but not limited to, articles, stories, images, video, graphics, sounds, software, and source code on the Site is subject to copyright protection and may not be displayed, reproduced, modified, or used in any way except as expressly permitted by these Terms and Conditions, or with the prior written permission of PHENIX.

Indemnity

You agree to defend, indemnify, and hold harmless PHENIX and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site. You acknowledge that the duty to defend is distinct from the indemnity obligation.

Jurisdictional Issues

This agreement shall be governed by, construed and enforced according to the laws of the state of Idaho. You expressly consent to the venue and jurisdiction of state courts located within Idaho.

Severability, Integration and Amendment

If any provision of the Terms and Conditions shall be held to be unlawful, void, or unenforceable for any reason, that provision shall be enforced to the maximum extent possible but will otherwise be severable from the Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions. The provisions of the Terms and Conditions and each right and obligation referenced herein represent the entire agreement between you and PHENIX, its affiliates or related entities. The Terms and Conditions shall supersede any prior agreements or understanding not incorporated herein. These Terms and Conditions may not be amended, waived, modified. PHENIX may terminate this agreement at any time without notice, and deny access to Site by any subsequent action unless set forth in a revised Terms and Conditions posted on this Site by PHENIX.

Privacy Notice

This privacy notice discloses the privacy practices for phenixindustries.com. This privacy notice applies solely to information collected by this website. It will notify you of the following:

1. What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data. 

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 951-780-9330 or via email.

Registration

In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest.

Orders

We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.

Cookies

We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Surveys & Contests

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Limited Warranty

All products are sold with a one (1) year limited warranty against defects in materials or workmanship. This warranty will not exceed the original purchase price of the goods. Any defective parts should be returned to Dealer where purchased. This warranty applies to the original purchaser only and is non-transferable. Improper use, installation, modification, abuse, or unauthorized repairs or alterations voids this warranty. Phenix Industries will not be liable for loss, damage, or injury from the use of these products. 

Disclaimer

These parts are designed to be used off-road by professional crews in the field of racing. Phenix parts are not certified for aircraft use, but have been used on experimental and home built aircraft. 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. Please know your state and local laws in regards to vehicle modification as Phenix is not responsible for fines or penalties that may be incurred. Installation of parts may void your vehicles warranty. Professional installation recommended.

Returns

Phenix will only handle returns for the direct purchaser. If the purchase was made from a retailer other than phenixindustries.com, please contact the place of purchase for further assistance.

If you are not completely satisfied, return the new/unused item in its original packaging pre-paid (customer is responsible for shipping cost) postmarked within 30 days of purchase for a refund/exchange. Returns will not be accepted after 30 days. New merchandise cannot be used or show signs of damage from installation. If you install or modify parts ordered in any way, you automatically waive your right to returns, refunds or exchanges. It is the responsibility of the customer/installer to verify the proper size, quantity, and application of all parts before installation. Dealer returns and stock adjustments are subject to specific terms. Specialty and contract manufactured items are subject to specific terms and require contacting us directly for an RMA.

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

All returns must be accompanied with a ‘return merchandise authorization’ (RMA). To receive an RMA, log into your account and go to My Account > Order History. Select your order and click Request Return, then follow the directions. For orders placed via phone, email or PO, contact orders@phenixindustries.com to request an RMA and include your invoice number, part numbers, quantities, and reason you are requesting to return. You will be emailed an RMA to print out and include in your package. Returns will not be processed without an RMA. An RMA does not guarantee a refund or replacement. All returns will be inspected upon return to Phenix for return eligibility. Returns must be shipped prepaid by the customers. Please maintain all shipping and tracking information until your return is processed since Phenix is not responsible for items lost in shipment. Shipping charges are not refundable. Please include a copy of your original invoice and contact information with all returns.

Once a return has been approved, the credit will be processed within 7 days to original form of payment.

Used returns will not be accepted unless defective. Please contact us directly for defective / warranty returns outside of return window.

Send the packages pre-paid (FedEx, UPS or US Postal Service INSURED) to:

Phenix Industries

Attn: Returns

980 American Pacific Dr. #110

Henderson, NV 89014