Terms & Conditions

 

These terms and conditions apply to the viewing, purchasing and sale of products through quotes, proposals or other marketing material (“Quote”) provided by Phoenix Quality representatives employed by Phoenix Quality Inspections Inc. a Canadian Corporation (“Phoenix Quality”). By viewing this quote, placing an order or completing a purchase, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, do not use Phoenix Quality Services and do not place an order. Please print a copy of these terms and conditions for your records. All communications via quote are invitations to purchase and not offers to sell. Phoenix Quality reserves the right, at its sole discretion, to accept or reject the order once the order has been completed and submitted by you.

Ownership of Materials, Trademarks and Copyright

The information contained in this site including all images, designs, logos, photographs, text and other materials (the “contents”) are copyrights, trademarks, or other intellectual property owned or licensed by Phoenix Quality or its affiliates, or are the property of their respective owners. The contents of quotes or communications may not be copied, republished, downloaded, transmitted, mirrored or reproduced without the prior written permission of Phoenix Quality or the applicable copyright owner. You may only use the quote to view its content and place an order. All rights not expressly granted are hereby reserved by Phoenix Quality and its licensors.

Limitation of Liability

Phoenix Quality will not be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort (including negligence), or any other legal theory, including without limitation loss of profits, loss of business, or other economic damages. Phoenix Quality is not responsible for delays in delivery which result from any circumstances beyond its control. Phoenix Quality’s aggregate liability shall not exceed 5% of the purchase price paid for any products purchased through quotes, or, if no such products were purchased, ten dollars ($10.00).

Pricing and Specifications

All information regarding pricing, products and services is subject to change. Phoenix Quality reserves the right to make adjustments to pricing and products for reasons including, but not limited to, changing market conditions, discontinuation, unavailability, manufacturer price changes and errors in advertisements or quotes. Prices listed are net and do not include shipping charges, handling fees, taxes and/or applicable duties, brokerage fees or special crating requirements for export shipment. Those customers who claim exemption from taxes or duties are responsible for providing Phoenix Quality with the necessary documentation at the time of purchase or taxes will be added to their order. Phoenix Quality always strives to maintain low prices. Occasionally, stated prices on the site are subject to change without notice due to circumstances beyond our control.

Shipping

Most products are drop shipped F.C.A. point of origin from the supplier manufacturer to your location.

Order

All orders are final, as is, with no return options.

Warranties

Customers acknowledge that Phoenix Quality is not the manufacturer of any of the products purchased hereunder. Any warranty with respect to the products must come from the manufacturer. Phoenix Quality will pass through to customers any applicable warranties of the manufacturer, if any, to the extent permissible. Notwithstanding anything to the contrary, Phoenix Quality’s liability is limited to the replacement value of the products purchased from this site. Phoenix Quality and its affiliates hereby expressly disclaim all warranties and conditions, either legal, express or implied, arising from statute, course of dealing, usage of trade or otherwise, related to this site or the products, including, without limitation, any warranty of merchantability, merchantable quality, quality or fitness for a particular purpose, or warranty of non infringement. This disclaimer does not affect the terms of the Manufacturer’s warranty, if any.

Payment Terms

Established with manufacturers through Phoenix Quality see quote for details.

Applicable Law

Quote and terms are controlled by us from our offices within the Province of Ontario, Canada. By accessing our quote, you agree that the laws of the Province of Ontario, without regard to conflicts of laws principles, will apply to all matters relating to the use of this site and the purchase of products available through this site. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

Entire Agreement

The quote, terms and conditions constitute the entire agreement and understanding between the customer and Phoenix Quality concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto, including any oral statements made by Phoenix Quality representatives or any alternate terms supplied by you to Phoenix Quality unless otherwise agreed to by Phoenix Quality in writing. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

Survival

The following paragraphs will survive the cancellation of your order: Ownership of Materials, Trademarks and Copyright; Limitation of Liability; Returns; Warranties; Payment Terms; Applicable Law, Entire Agreement, Language and Survival.

Updated: March 31st, 2020