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Updated 5/1/2016

Customer requests and PhiGEM Parts, Inc. (hereinafter referred to as “PhiGEM”) agrees to sell goods and equipment according to the following terms and conditions:

DELIVERY/ACCEPTANCE:
In the event any part or other product is damaged during shipment to the Customer, unless the Customer gives PhiGEM written notice of such damage via Certified Mail-Return Receipt Requested within three (3) days of delivery, the Customer waives any claim against PhiGEM for any determinable deficiency or defect in said delivery or product.  Customer agrees to inspect all material and equipment immediately upon delivery to verify: (a) the quantities described in the accompanying delivery ticket are the quantities delivered and (b) there are no visible defects.  The Customer also agrees to examine all delivery tickets and invoices upon receipt.  In the event the Customer directs PhiGEM to deliver an equipment or material, and the Customer does not have a representative present at the time of delivery, the Customer authorizes PhiGEM, or its designated carrier, to leave the equipment or material at the designated place of delivery. Upon said delivery, the Customer will be responsible for the equipment or material. The Customer authorizes any of its employees to sign a rental or purchase agreement for such equipment or material and agrees to be bound by all the terms of said agreement.

RETURN OF GOOD PARTS
: Returns without an RMA number will not be accepted, nor will any return credit be issued. The following rates apply if the part is returned in the same condition in which it was sent, in the sole discretion of PhiGEM. If the part is returned and found to be defective or tampered with, then restock credit will not apply. Restock rates vary, based on the following conditions:

  • Returned 1 to 30 days of initial delivery: 25% Restocking Fee;
  • Returned 31 to 60 days of initial delivery: 50% Restocking Fee;
  • Not returnable after 60 days

WARRANTY: Our standard parts warranty is 90 days beginning date of initial delivery unless specified otherwise.  PhiGEM must be notified of a warranty claim within the standard or otherwise specified warranty period in order to qualify for a replacement or warranty credit.  PhiGEM reserves the right to send a replacement, if available, in lieu of issuing a refund or credit.  If a replacement part is refused, PhiGEM reserves the right to bill restocking fees as detailed in the section above.  The warranty part must be returned within 10 days of the date of notification.  If the sale was on an exchange basis, the original exchange part is still required.  Failure to return warranty parts may result in additional billing at the discretion of PhiGEM.  The warranty shall not cover damage caused by misuse or abuse, fire, water, building collapse, power failure or fluctuations, vandalism, riot, air conditioning failure, or “acts of god” (i.e. tornado, hurricane, earthquake, etc). Warranty returns without an RMA number will not be accepted, nor will any return credit be issued.

EXCHANGE PARTS: Certain transactions require a like, repairable part due back to PhiGEM (Exchange Parts).  If your transaction was made on an exchange basis, then an exchange part is required. To qualify as a “like” part, it must be complete and have the same part number, unless otherwise approved by an authorized PhiGEM representative. All exchange parts are subject to review, and additional billing may occur for parts that do not meet the set criteria. This exchange part must be received within 30 days of the PhiGEM invoice date, otherwise an additional billing may occur up to the OEM outright list price exclusive of any additional shipping charges

RETURN OF DOA PARTS: DOA (Dead on Arrival) parts must be reported as soon as the defective state is discovered. In the interest of fairness to both PhiGEM and our customers, the following must occur:

  • Damage in shipping must be noted on the delivery ticket. Do not sign-off on damaged goods. Contact us.
  • You must contact PhiGEM within 5 days of receiving the part(s).
  • The part must be received at PhiGEM within 10 days of notification, or sooner if requested.
  • The RMA number must appear on the box and/or return shipping label. Returns without an RMA number will not be accepted, nor will any return credit be issued.
  • The part must be received unaltered. Parts that are tampered with will not be credited.

All Exchanges and Returns should be sent to 714 Atkins Ave, Brooklyn, NY 11208. All returns are to be packed properly and insured. Shipping and insurance costs are the responsibility of the customer. The customer is responsible for all insurance claims on parts that are damaged in shipping. If customer chooses not to insure and damage occurs during shipment, then warranty credit or replacements may not be issued. Special crates or packages must be returned to avoid additional charges.

CREDITS:
Any credits issued will be applied to the customer’s account. If an unpaid, past due balance exists on the account, any credits received will be applied as payment towards this balance. If the above conditions are not met, then credit may not be issued or may be delayed. Credits are not refundable and will remain on the customer account indefinitely. Credits do not expire.

BILLING:
The Customer shall pay the full amount of each invoice by the due date specified by the payment terms on the invoice.  PhiGEM reserves the right to amend a customer’s payment terms as our sole discretion based solely on a customer’s payment history.  Customer agrees to pay a service charge on the outstanding balance for which payment has not been received according to terms stated. The service charge shall be one and one-half percent (1 ½%) per month of the customer’s outstanding past-due balance after deducting current payments and credits. Such service charges shall become part of the customer’s outstanding balance. The person or persons signing any PhiGEM Credit Application and Agreement hereby personally guarantee any indebtedness incurred to PhiGEM and waive presentment and demand for payment, notice of non-payment, protest and notice of protest, and consent without notice of any extensions of time or increase in the amount of the credit given. This is intended to be a continuing guarantee and shall continue as to all new indebtedness incurred unless and until a written notice is served upon PhiGEM Certified Mail-Return Receipt Requested declaring said personal guarantee should not apply to future purchases. Additional billing invoices will be issued if an exchange, DOA, or otherwise returnable part is not received per agreed upon terms and at the discretion of PhiGEM. PhiGEM reserves the right to charge any credit card on file to fulfill payment of any past due billing invoices. At least one notification will tx: scnt before any credit card is charged in this manner.

WARRANTY DISCLAIMER: UNLESS SPECIFICALLY STATED HEREIN, PhiGEM MAKES NO WARRANTIES HEREUNDER, AND PhiGEM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABlLlTY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY
: PhiGEM SHALL HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF PhiGEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OTHER: If the Customer fails to pay pursuant to the terms of this Agreement and PhiGEM elects to take legal action to collect this account, the customer shall pay all costs incurred by PhiGEM including, but not limited to, attorney’s fees, court costs, expert witness fees, sheriff’s fees, special process server fees and bond costs. The Customer assigns to PhiGEM as security for any indebtedness, incurred or to be incurred to PhiGEM, all of its existing or hereinafter acquired: accounts receivable, equipment, and inventory. The laws of the State of New York shall govern this transaction, and jurisdiction and venue for hearing of any matter in dispute, shall be with the court system of Kings County, New York.

The parties agree that this is the entire agreement and that no oral representation or agreement has been made which would modify this Credit Agreement, or be considered a condition precedent or subsequent to the enforcement of this agreement. These terms are current as of the revision date and may be changed at any time without notice.