Authorized Reseller Terms

Authorized Reseller Terms

Orders are accepted via GCommerce, telephone, e-mail, and fax or by your Phoenix Systems Sales
Sales 8:00 a.m. to 5:00 p.m. (MST) Monday through Friday
Phone 435-673-0777 or 888-749-7977
Fax # 435-673-0222 (24 hours)
Web site

Phoenix Systems policy is to enter orders immediately upon receipt. Cancellation of pending (not
shipped) orders must be received in writing, either by fax, mail or e-mail and confirmed by Phoenix
Systems. If an order requires unpacking due to the customer’s request for change or cancellation, a
minimum service charge of $10.00 may be charged.

Minimum orders, excluding replacement parts orders, are $250 net merchandise value. Orders less than
$250.00, excluding replacement parts, may be assessed a $25.00 service charge, unless prior
arrangements have been made.

a. Purchase order number.
b. Complete shipping information.
c. Part numbers and quantity to be shipped

Phoenix Systems can either hold or cancel backorders according to an individual customer’s preference.
Should the Reseller desire a change in status, Phoenix Systems must be notified in writing. Rush
Shipments of backorder product will be subject to “Rush Shipments” terms. Any product placed on
backorder will ship when the product is available.
Backorders from C.O.D. orders will automatically be canceled unless Phoenix Systems is specifically
advised to hold them.

Phoenix Systems billing cut-off is the 25th day of the month. Payment due is the total of all invoices
billed through that day.

2% 10TH Net 30th
Continuing engineering at Phoenix Systems is constantly improving product performance. All
specifications and prices are, therefore, subject to change without notice.

No deduction or credit maybe taken for any reason until Phoenix Systems has issued a credit memo. Any unauthorized deduction will automatically put the account on credit hold.

Accounts are delinquent if not paid as outlined under the payment terms above. Accounts that are delinquent after 60 days will be automatically put on hold. At that point, no shipments will be made to that delinquent account until the outstanding balance is current. Repeated delinquency will result in revocation of open account status. Delinquent accounts will be charged a 1-½% finance charge for all accounts over 30 days.

a. To qualify as a WD Authorized Reseller, total quarterly purchases must equal a minimum of $1,250.00 and Reseller must have an executed Phoenix Systems WD Agreement. In addition, a WD Authorized Reseller must maintain a reasonable number of jobber accounts, an order taking facility and capability, a responsive distribution system, maintain credit worthiness, enforce and comply with MAP pricing, and maintain the terms of the WD Application.
b. To qualify as an Authorized Dealer, total quarterly purchases must equal a minimum of $500.00 and Reseller must have an executed Phoenix Systems Dealer Agreement. In addition, a Reseller must maintain credit worthiness, comply with MAP pricing and maintain the terms of the Dealer Application.

Sales to export accounts require payment in advance (without prior approval). Payable in U.S. dollars only, by: wire transfer, cashier’s check or irrevocable letter of credit.

Any order with a premium shipping method request, such as next day, 2nd day air, or 3-day select, all efforts will be made to ship the same day, if received by Phoenix Systems before 2:00 p.m. MST. NOTE: Phoenix Systems’ distribution warehouse is a rural shipping location which may require and additional day for most UPS next day, 2nd day air, or 3-day select shipments. Orders received after 2:00 p.m. will be processed and shipped the next business day. The purchase order must state “RUSH ORDER”. All rush shipment charges are payable by the Reseller.

a. All Phoenix Systems shipments are F.O.B. St. George, UT. Title passes from Phoenix Systems to the purchaser at the time of shipment. Carton shortages and damages must be claimed against the carrier at the time of delivery. To expedite processing claims against the carriers, the customers must note damages on the bill of lading at the time of delivery, and promptly request an inspection by the carrier or his claims agent.
b. If a shortage is found within the shipment it must be reported to Phoenix Systems in writing within five (5) business days of shipment receipt. Claims not received within this time frame may not be honored. Claims should refer to the order number, invoice number, date of invoice, and date of shipment, part number, description and carton unit.

a. Phoenix Systems will choose the most efficient shipping method possible. Resellers may, specify a particular truck line or shipping method. Any additional costs incurred by Phoenix Systems maybe charged back to the Reseller. NOTE: Phoenix Systems’ distribution warehouse is a rural shipping location, which may require additional shipping time and limited carriers.
b. All WD Reseller orders less than $1,500 will be shipped freight collect F.O.B. St. George, UT or invoiced to Reseller. Resellers with pre-established third party freight billing arrangements should provide Phoenix Systems with the shipper’s name and third party account number.
c. Orders with a value of $1,500 or more will be shipped freight free (UPS ground only) provided the shipment is to one location in the contiguous United States. Orders for shipment out of the contiguous US will be prepaid to a domestic port of embarkation (P.O.E.)

A Drop Ship Fee of $10 or more may be assessed to all drop ship orders and shipping to be paid by Reseller. Phoenix Systems must approve your Drop Ship Program Application.

Any expense due to or resulting from a refused shipment must be borne by the Reseller

At the request of the Reseller, Phoenix Systems may furnish a certificate of Insurance covering all products supplied to the WD as co-insured.

a. Resellers may submit product to Phoenix Systems that is deemed defective in material or workmanship. Such returns are subject to the same conditions as covered in the Phoenix Systems Limited Warranty, as published in the current Phoenix Systems catalog.
b. Phoenix Systems will make a preliminary judgment as to whether or not the product will be considered for warranty. If Phoenix Systems agrees that the product should be returned for further inspection, then a Return Merchandise Authorization (RMA) will be issued to accompany the returned product.
c. The suspect product must be shipped to Phoenix Systems with the freight prepaid. When the product is received, Phoenix Systems will analyze it and final disposition will be made in accordance with the Phoenix Systems Limited Warranty Policy.
d. Products deemed to be defective and returned within the warranty time period will receive full credit or a replacement part may be provided.
e. If it is determined that the cause of the failure was not due to a defect in material or workmanship, then a restocking fee will apply.
f. Debit memos or invoice deductions are not allowed and will be charged back to the customer’s account.

20. CO-OP Advertising & Minimum Advertised Price (MAP) Pricing
Co-op advertising may be paid at 10% of purchases to Reseller for promoting the Phoenix Systems product line. Proof of advertising is required and Phoenix Systems must approve your Co-op Application. Co-op may be used for print, TV, radio, and catalog with approval. Other forms of advertising will be considered by Phoenix Systems with proper approval prior to advertising. Reseller must apply for Co-op funds no later than 90 days after approved advertising. If your advertising was not pre-approved

Phoenix Systems may at its sole discretion apply Co-op fund request. All approved and qualified Co-op will be paid by Phoenix Systems in the form of credit memo. Co-op discounts may NOT be deducted from the invoice amount, see “Invoice Deductions” terms.

A Minimum Advertised Pricing program has been implemented, which means that Phoenix Systems products may not be advertised at less than current MAP Price as listed in Phoenix Systems’ MAP Products Price Sheet. See Phoenix Systems MAP Policy for further details.
Co-op advertising will not be reimbursed for Resellers who do not follow the MAP Policy guidelines, as allowed by law.
*Co-op may not be used to advertise Phoenix Systems products at less than current MAP Price.

21. Return of Product
All stock returns must have prior written authorization from Phoenix Systems. Terms are:
a. Restocking is limited to 5% of the previous year’s purchases subject to a 15% restocking charge.
b. Plus a 15% repacking charge for those items that, in our judgment, require repacking.
c. No returns for discounted merchandise.
d. All returns must be freight prepaid.

22. Force Majeure
Neither Party shall be liable to the other for delays or failures in performance resulting from causes beyond the reasonable control of that Party, including acts of God; acts of government or its agencies, including laws, regulations, and judicial action; strikes or other labor disputes or disturbances; power disruptions; riots or civil disturbances; acts of war; or communication, utility or transportation failures, or failure of supply. The obligation of the Party unable to perform, as set forth in this Section 22 ("Delayed Party") shall be suspended, and non-performance shall be excused, during such force majeure event, subject to the Delayed Party's compliance with the following. The Delayed Party shall give the other Party written notice of its inability to perform and a description, in reasonable detail, of the cause of the inability and will use diligent efforts to remedy the situation and remove, so far as is commercially reasonable and as soon as practicable, the cause of such inability. The Delayed Party shall give the other Party prompt notice of the cessation of the event of force majeure. In the event that the Delayed Party is unable to remove the force majeure event, and resume performance in accordance with the other terms of this Agreement, within six (6) months of the occurrence of the event, each Party shall have the light to terminate this Agreement by providing written notice of termination to the other.

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