Terms & Conditions, General
LEGAL CLAIM
NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEBSITE. PHOENIX LINERS RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
DISCLAIMER OF WARRANTIES
THIS SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PHOENIX LINERS DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
ORDER APPROVAL
Phoenix Liners is NOT LIABLE for errors in a final product.
By submitting the above document to Phoenix Liners “I agree to the following terms”:
I have verified that my order will be processed as placed, with no alterations.
ORDER PICK-UP
Phoenix Liners will make several attempts to contact Customer when packages are ready for pickup. Customer has up to 15 days to pick up the package(s) from Phoenix Liners facilities during pickup hours (Monday-Friday, 8am-5pm CST in Stafford). If Customer does not pick up the package(s) within this time period, the package(s) will be discarded, and Phoenix Liners will not be held liable for the discarded item(s).
Please be advised that courier pickups are not permitted, and customers must pick up their own orders.
COPYRIGHT
All material and software Copyright ©2018 – 2023 Phoenix MCBS LLC. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the Phoenix Liners website and/or its subsidiaries or the copyrighted property of parties from whom Phoenix Liners has licensed such property.
You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights.
CONTENT
Products and services are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services in a manner deemed unsuitable or illegal in any way.
You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
You acknowledge that Phoenix Liners does not pre-screen Content, but that Phoenix Liners and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that Phoenix Liners may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Phoenix Liners, its users and the public.
GOVERNING LAW
The internal laws of the State of Texas shall govern the performance of the Agreement, including these Terms and Conditions, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Stafford, Texas for all disputes arising out of, or relating to, the Agreement, including these Terms and Conditions and use of this Site.
LEGAL FEES
If any suit or action or other proceeding is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing Party in such suit or action or other proceeding shall be entitled to an award against the other Party for the prevailing Party’s reasonable attorney’s fees and costs incurred both at trial and on any appeal.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PHOENIX LINERS – INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”) – BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE), ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO PHOENIX LINERS.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Covered Parties and all parties from whom Phoenix Liners has licensed portions of the Content, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms and Conditions, (C) your dispute with another user, and (D) the unauthorized access to any protected area of the Site. If using the Site on behalf of a third party, you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any third party.
ORDER CANCELLATION
Phoenix Liners will be happy to help you cancel your order prior to Approval. However, orders may be eligible for cancellation upon request via email. Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order.
If a job is canceled, any labor hours or administrative fees (credit cards fees, etc.) will be subtracted from your refund. The minimum is $15 (15%-30% of the total transaction).
There is a NO REFUND policy for orders that have been placed.
RETURNS AND REFUNDS
Since each order is unique to customer, All Sales Are Final. If we verify that we made an error, we will cancel the order. No Refunds or Credit.
Customer must notify Phoenix Liners within 6 business days of order acceptance to notify any defects discovered in the ordered product. In order to receive replacement, Customer must return 100% of the received product within 15 days (at their own expense) from the time when the ordered product delivery was taken.
All charges related to expedited delivery(Rush Processing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. All orders that are being returned must be shipped at Customer’s own expense.
ORDER SHIPPING & DELIVERY
Phoenix Liners will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall Phoenix Liners be liable for any consequential or damages resulting from any delay in shipment or delivery.
All Phoenix Liners customers agree not to hold Phoenix Liners liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond Phoenix Liners’ direct control. Phoenix Liners shipment and delivery dates are calculated based upon estimates provided by our suppliers.
Phoenix Liners will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may cause delays. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.
Orders that will be picked up: Please allow up to one additional business day after processing to prepare packages for pickup.
Orders that will be shipped: Please allow one additional business day for receipt of labeling and billing information before counting turnaround time for shipping from UPS. For example, if you are quoted a shipping time of 3 business days from February 3rd, please allow the first day for Phoenix Liners to relay your information and for UPS to pick up, and the following 3 business days/non-holidays for your shipment to arrive.
Please be advised that we do not necessarily combine different items or orders for shipping. Due to the nature of your order, each item may be placed on a separate batch, and each batch may be processed/completed at a different time than the rest of the items on the order. Thus, we may ship each item separately to ensure you receive your products as soon as they are ready. We may combine shipping for items that have the same options, such as stock, quantity, etc.
UPS NEXT DAY AIR SERVICE SHIPPING METHOD
UPS Next Day Air Service is available to all 50 states and Puerto Rico, with some limitations in Alaska and Hawaii (Metro Alaska and Hawaii only).
CUSTOMS, DUTIES AND TAXES FOR INTERNATIONAL ORDERS
Orders that are shipped to countries outside of the U.S. may be subject to customs duties and fees levied by the destination country (“Import Fees”). You may be subject to such Import Fees, which are levied once a shipment reaches your country. You are responsible for all additional charges for customs clearance. Customs policies vary widely from country to country. Phoenix Liners does not have control over these fees, nor can we predict the exact cost of these fees. We are not responsible for informing you of the specific fees that will apply; it is your responsibility as the importer and the customer to check what your country’s requirements are for all customs fees, before placing your order. You are responsible for contacting your local customs office for further information. Please be advised that when customs clearance procedures are required, it can cause delays beyond our original delivery estimates. This excludes Canadian orders.
Shipping rates for high-quantity products depend on the customers access to a shipping dock and forklift, otherwise additional charges may apply.
SHIPPING METHOD FOR INTERNATIONAL ORDERS
Neither UPS nor Phoenix Liners is responsible for any issues that occur in transit.
SHIPPING ERRORS & LOST PACKAGES
Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done within 30 days from package shipment. Phoenix Liners is not responsible for 3rd party shipping errors, omissions or damaged shipments.
CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is not delivered due to an error made by the customer in submitting the proper shipping address, Phoenix Liners will reship the package with corrected address and charge an additional shipping fee for the shipment.
CREDIT CARD CHARGES
Orders of $200 or greater may require an authorization form and a copy of credit card and driver license (a valid photo ID).
All orders above $5,000.00 must be paid by cashier’s check, money order or wire transfer (please contact the accounting department for ABA information).
We reserve the right to refuse service without disclosing a reason.
All prices are subject to change without notice, no adjustments will be made.