STANDARD TERMS AND CONDITIONS OF SALE
Terms and Conditions for Phoenix Automation Systems & Services, LLC
1. Introduction
These Terms and Conditions ("Terms") govern your access to and use of the services offered by Phoenix Automation Systems & Services, LLC ("Phoenix", "us", "we", or "our"). By accessing or using our services, you ("Customer", "you", or "your") acknowledge that you have read, understood, and agree to be bound by these Terms.
2. Services Offered
Phoenix provides automation systems and services. The specific nature of the services will be outlined in a separate agreement or proposal for each project. These Services may include, but are not limited to:
- Design and installation of automated systems.
- Programming and configuration of automation equipment.
- Maintenance and support of automation systems.
- Product sourcing and inventory management.
3. Orders and Payment
- Order Process: To initiate service, you will submit a request for a quote or contact a sales representative from Phoenix Automation Systems & Services.
- Payment Terms: Our payment terms are Net 20 days from invoice date with an established account. We accept payment by Credit Card (Visa, Mastercard, American Express), ACH, Check.
- Late Fees: A late fee of 5% will be applied to any outstanding balance after 30 days.
4. Product Descriptions & Warranties
- Product Descriptions: While we strive for accuracy, product descriptions, images, and specifications may vary slightly due to potential variations, manufacturing processes or use of certain materials.
- Warranties: Phoenix warrants that the Services will be delivered in a professional and workmanlike manner and in accordance with industry standards. We may offer additional warranties on specific products or services, which will be outlined in separate agreements or proposals.
5. Shipping and Delivery
- Delivery: We will use commercially reasonable efforts to meet agreed-upon delivery timelines. Delays may occur due to unforeseen circumstances, and Phoenix is not liable for any loss, damage, or costs incurred due to delivery delays.
6. Returns and Exchanges
Products:
- We accept returns of unopened and unused products within 10 days of purchase. A full refund will be issued to the original payment method.
- Opened or used products: Due to the nature of opened products, these items can't be returned due to hygiene reasons or custom configurations, we cannot accept returns of opened or used products.
- Defective products: If you receive a defective product, please contact us within 10 days of receipt. We will arrange for a replacement or a full refund, at your discretion.
Services:
- Due to the customized nature of our services, we generally do not offer refunds. However, we are committed to your satisfaction.
- If you are not satisfied with the outcome of a service, please contact us within 5 days of completion. We will work with you to address any concerns and find a solution, which may include adjustments to the service or a credit towards a future service.
- Service cancellations: Cancellations made 15 days or more before the scheduled service will receive a full refund. Cancellations made within 7 days of the scheduled service will be subject to a 5% cancellation fee.
Return Process:
- To initiate a return of a product, please contact us at (786) 548-1973 or phoenixassllc@gmail.com. We will provide you with a return authorization number (RAN) and instructions on how to return the product.
- You are responsible for the cost of return shipping unless the product is defective.
Please Note:
- All returns must be accompanied by the original receipt or proof of purchase.
- We reserve the right to deny returns or exchanges that do not meet the above criteria.
7. Customer Service
We are committed to providing excellent customer service. For inquiries, assistance, or concerns, please contact us at:
Phoenix Automation Systems & Services, LLC
Phoenixassllc@gmail.com
Telephone: (786) 548-1973
8. Intellectual Property
Phoenix retains all ownership rights to the intellectual property used in the Services. You may not modify, reproduce, distribute, or create derivative works of any such intellectual property without the express written permission of Phoenix.
9. Term & Termination
- Term: The Term of this Agreement shall commence on the Effective Date (as defined below) and shall continue until terminated by either party as set forth herein (the "Term"). The "Effective Date" is the date we enter into a separate agreement or proposal for your project.
- Termination: This Agreement may be terminated by either party upon [number] days written notice to the other party. Phoenix may also terminate this Agreement immediately upon any breach by you of these Terms.
10. Limitation of Liability
IN NO EVENT SHALL PHOENIX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, OR ANY USE THEREOF, OR UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, OR NEGLIGENCE, EVEN IF PHOENIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Dispute Resolution & Governing Law
- Dispute Resolution: Any dispute arising out of or relating to these Terms or the Services shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in [City, State].
- Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida.
12. Privacy Policy
Please refer to our separate Privacy Policy for information regarding the collection and use of your data. You can find our Privacy Policy here: [link to your Privacy Policy].
13. Entire Agreement
These Terms constitute the entire agreement between you and Phoenix with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
14. Updates to the Terms
Phoenix reserves the right to update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website. You are advised to review the Terms periodically for any changes. Your continued use of our Services following the posting of revised Terms means you accept and agree to the changes.
15. Contact Us
If you have any questions regarding these Terms, please contact us at:
Phoenix Automation Systems & Services, LLC
Email: Phoenixassllc@gmail.com
Telephone: (786) 548-1973