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$300.00
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| Government | Canada | Carretera | None | 1618.5 | $ 3.00 | $ 20.00 | $ 32,370.00 | $ – | $ 32,370.00 |
| Government | Germany | Carretera | None | 1321 | $ 3.00 | $ 20.00 | $ 26,420.00 | $ – | $ 26,420.00 |
| Midmarket | France | Carretera | None | 2178 | $ 3.00 | $ 15.00 | $ 32,670.00 | $ – | $ 32,670.00 |
| Midmarket | Germany | Carretera | None | 888 | $ 3.00 | $ 15.00 | $ 13,320.00 | $ – | $ 13,320.00 |
| Midmarket | Mexico | Carretera | None | 2470 | $ 3.00 | $ 15.00 | $ 37,050.00 | $ – | $ 37,050.00 |
| Government | Germany | Carretera | None | 1513 | $ 3.00 | $ 350.00 | $ 529,550.00 | $ – | $ 529,550.00 |
| Midmarket | Germany | Montana | None | 921 | $ 5.00 | $ 15.00 | $ 13,815.00 | $ – | $ 13,815.00 |
| Channel Partners | Canada | Montana | None | 2518 | $ 5.00 | $ 12.00 | $ 30,216.00 | $ – | $ 30,216.00 |
| Government | France | Montana | None | 1899 | $ 5.00 | $ 20.00 | $ 37,980.00 | $ – | $ 37,980.00 |
| Channel Partners | Germany | Montana | None | 1545 | $ 5.00 | $ 12.00 | $ 18,540.00 | $ – | $ 18,540.00 |
| Midmarket | Mexico | Montana | None | 2470 | $ 5.00 | $ 15.00 | $ 37,050.00 | $ – | $ 37,050.00 |
| Enterprise | Canada | Montana | None | 2665.5 | $ 5.00 | $ 125.00 | $ 333,187.50 | $ – | $ 333,187.50 |
| Small Business | Mexico | Montana | None | 958 | $ 5.00 | $ 300.00 | $ 287,400.00 | $ – | $ 287,400.00 |
| Government | Germany | Montana | None | 2146 | $ 5.00 | $ 7.00 | $ 15,022.00 | $ – | $ 15,022.00 |
| Enterprise | Canada | Montana | None | 345 | $ 5.00 | $ 125.00 | $ 43,125.00 | $ – | $ 43,125.00 |
| Midmarket | United States of America | Montana | None | 615 | $ 5.00 | $ 15.00 | $ 9,225.00 | $ – | $ 9,225.00 |
| Government | Canada | Paseo | None | 292 | $ 10.00 | $ 20.00 | $ 5,840.00 | $ – | $ 5,840.00 |
| Midmarket | Mexico | Paseo | None | 974 | $ 10.00 | $ 15.00 | $ 14,610.00 | $ – | $ 14,610.00 |
| Channel Partners | Canada | Paseo | None | 2518 | $ 10.00 | $ 12.00 | $ 30,216.00 | $ – | $ 30,216.00 |
| Government | Germany | Paseo | None | 1006 | $ 10.00 | $ 350.00 | $ 352,100.00 | $ – | $ 352,100.00 |
| Channel Partners | Germany | Paseo | None | 367 | $ 10.00 | $ 12.00 | $ 4,404.00 | $ – | $ 4,404.00 |
| Government | Mexico | Paseo | None | 883 | $ 10.00 | $ 7.00 | $ 6,181.00 | $ – | $ 6,181.00 |
| Midmarket | France | Paseo | None | 549 | $ 10.00 | $ 15.00 | $ 8,235.00 | $ – | $ 8,235.00 |
| Small Business | Mexico | Paseo | None | 788 | $ 10.00 | $ 300.00 | $ 236,400.00 | $ – | $ 236,400.00 |
| Midmarket | Mexico | Paseo | None | 2472 | $ 10.00 | $ 15.00 | $ 37,080.00 | $ – | $ 37,080.00 |
| Government | United States of America | Paseo | None | 1143 | $ 10.00 | $ 7.00 | $ 8,001.00 | $ – | $ 8,001.00 |
| Government | Canada | Paseo | None | 1725 | $ 10.00 | $ 350.00 | $ 603,750.00 | $ – | $ 603,750.00 |
| Channel Partners | United States of America | Paseo | None | 912 | $ 10.00 | $ 12.00 | $ 10,944.00 | $ – | $ 10,944.00 |
| Midmarket | Canada | Paseo | None | 2152 | $ 10.00 | $ 15.00 | $ 32,280.00 | $ – | $ 32,280.00 |
| Government | Canada | Paseo | None | 1817 | $ 10.00 | $ 20.00 | $ 36,340.00 | $ – | $ 36,340.00 |
| Government | Germany | Paseo | None | 1513 | $ 10.00 | $ 350.00 | $ 529,550.00 | $ – | $ 529,550.00 |
1.1. Acceptance of Terms. These Terms of Purchase are an ongoing contract between you and Phoenix Furniture Wholesale
1.2. Modifications to Terms. We reserve the right, from time to time, with or without notice to you, to change these Terms of Purchase in our sole and absolute discretion. The most current version of these Terms of Purchase can be reviewed by clicking on “Terms of Purchase” located at the bottom of the pages of the Site. The most current version of the Terms of Purchase will supersede all previous versions. Your use of the Site or continued purchases after changes are made mean that you agree to be bound by such changes. No purchase order or other documentation issued by you to us will alter these Terms of Purchase unless signed by an authorized Phoenix Furniture Wholesale representative.
2.1. “Buyer” or “you” or “your” shall mean the individual who purchases Products from Phoenix Furniture Wholesale through the Site under the terms described herein and the entity that such individual represents in making the purchase, if applicable.
2.2. A “Completed Purchase” occurs when you have provided to Phoenix Furniture Wholesale all of the purchase information requested in the Email Notification in the manner specified in such Email Notification to complete your purchase.
2.3. “Products” shall mean Phoenix Furniture Wholesale products that are available for purchase on the Site under the terms described herein. The condition of thePhoenix Furniture Wholesale products will vary and standard designations regarding a product’s condition will be set forth in the Listing. Phoenix Furniture Wholesale products are provided to you “as is” for purchase on the Site.
2.5. “Listing” shall mean the content on the Site associated with particular Phoenix Furniture Wholesale, including, but not limited to, the description and quantity of the Phoenix Furniture Wholesale. Phoenix Furniture Wholesale shall have the right to modify or correct any Listing at any time and such modification shall be binding on any purchase of any Phoenix Furniture Wholesale products purchased after such modification had been made.
2.6. “Promotional Content” shall mean any and all information, service or content provided by Phoenix Furniture Wholesale or its agents in any medium in connection with these Terms of Purchase, including promotional content and Listings to be displayed on the Site.
3.1. Purchase Price. In consideration for your payment of the purchase price set by Phoenix Furniture Wholesale products in the listing (the “Purchase Price”) and all applicable taxes, Phoenix Furniture Wholesale hereby agrees to sell to you such products for which you have posted your compliance with the terms set forth. You agree to pay the Purchase Price and all applicable taxes for the Phoenix Furniture Wholesale products as per your established credit terms with Phoenix Furniture Wholesale. Nothing in these Terms of Purchase shall otherwise obligate Phoenix Furniture Wholesale to sell products to you. You shall be responsible for all taxes, and any other expenses incurred in connection with your purchase hereunder, as agreed in your signed Sales Agreement with Phoenix Furniture Wholesale.
3.2. Canceled Purchases. Please note that there may be certain purchases that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any purchase for any reason. Some situations that may result in your purchase being canceled include, but are not limited to, inaccuracies or errors in product information, or problems identified by our credit department. While Phoenix Furniture Wholesale strives to provide accurate product information, typographical or system errors may occur. In the event that products are incorrectly listed or products are listed with incorrect information due to an error in quantity or other product information, we shall have the right, at our sole discretion, to refuse or cancel any purchases placed for such products. In the event that we must cancel a purchase, we will cancel the purchase and notify you by email of such cancellation.
3.3. Payment Terms. You shall submit the Purchase Price to Phoenix Furniture Wholesale under the payment terms set forth in the Email Notification and on the Site. Phoenix Furniture Wholesale may revise the payment terms from time to time in its sole and absolute discretion upon notice to you; provided, however, that any change to payment terms will not be effective for any then-pending sale but will only be effective for the next sale subsequent to such notice. Upon acceptance of such Purchase Price and the fulfillment of any other conditions to such sale described herein, Phoenix Furniture Wholesale will sell, assign, transfer and convey to you all of Phoenix Furniture Wholesale right, title and interests in and to the products and shall make such products available for removal by you or your agents in the manner set forth in Section 5 below.
4.1. Removal and Shipment of products. The products purchased by you shall be delivered from the facility identified in the Email Notification (the “Inventory Location”) at a time mutually agreed to by you and Phoenix Furniture Wholesale (the “delivery date”). You or your agent must schedule the delivery with Phoenix Furniture Wholesale pursuant to the instructions set forth in the Email Notification. You shall be solely responsible for prompt shipping arrangements of the products from Phoenix Furniture Wholesale premises as agreed in the Sales Agreement on file and the Email Notification. Failure to comply with prompt delivery arrangements of products purchased, could result inPhoenix Furniture Wholesale denying the sale, placing the sale of items back on the Site, and refunding to you a portion of the Purchase Price you paid to Phoenix Furniture Wholesale.
4.2. Title; Risk of Loss. Title to the products shall remain with Phoenix Furniture Wholesale until you take possession of the products. You expressly acknowledge that risk of loss and liability for the products shall pass to you upon your or your agent’s receipt of the products at the Inventory Location. You or your agent shall have the right to count the number of units to confirm the quantity of units matches the shipping manifest prior to accepting possession. You expressly acknowledge and agree that you shall have no right to refuse or return the products after accepting possession of the products at delivery.
4.3. Acceptance. Your acceptance of possession of the products from Phoenix Furniture Wholesale pursuant to Section 4.2 shall constitute an unqualified acceptance of the products and a waiver by you of all claims with respect thereto except as set forth in Section 4.4. All sales are final.
4.4. Inspection. You shall have five (5) days from the date of delivery of products from Phoenix Furniture Wholesale, in accordance with Section 4.1 and 4.2., to inspect the shipment for any discrepancies in the stated quantity or condition of the product, and report such discrepancy toPhoenix Furniture Wholesale in writing. Phoenix Furniture Wholesale reserves the right to conduct an additional inspection at its own expense. If Phoenix Furniture Wholesale agrees that a discrepancy has occurred, Phoenix Furniture Wholesale will reimburse you for any acknowledged discrepancy. Such reimbursement may be in the form of an offset against any payments you may owe to Phoenix Furniture Wholesale, at Phoenix Furniture Wholesale’s discretion. Following such a five (5) day inspection period, you shall no longer have the right to claim any reimbursement for discrepancy.
5.1. Confidential Information. Each party acknowledges that by reason of its relationship to the other party hereunder it will have access to certain information and materials concerning the other party’s business that are confidential and of substantial value to the other party, which value would be impaired if such information were disclosed to third parties. In particular, the parties hereto acknowledge that the information regarding the Purchase Price and any particular sale are confidential to Phoenix Furniture Wholesale. Each party shall take every reasonable precaution to protect the confidentiality of such information. Notwithstanding the foregoing, you understands that Phoenix Furniture Wholesale will have access to confidential information pertaining to you. You may not make any public announcement about these Terms of Purchase without Phoenix Furniture Wholesale’s prior written approval and consent. Notwithstanding anything in this Section 5.1 to the contrary, any information (i) already in the public domain, (ii) independently developed by the recipient without the use of or access to the other party’s confidential information, or (iii) released through no action or inaction by the receiving party, will not be considered confidential information hereunder. The receiving party may disclose the disclosing party’s confidential information upon the order of any court of competent jurisdiction or as otherwise required by law or legal process, provided that prior to such disclosure the receiving party shall inform the disclosing party of such order, if permitted by law, in order to provide the disclosing party with an opportunity to contest such order or to seek such other protective action as the disclosing party may elect. This Section 5 shall survive each purchase transaction hereunder.
6.1. You shall indemnify and hold Phoenix Furniture Wholesale and their respective subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand, action, losses and/or costs, including reasonable attorneys’ fees, due to or arising out of (i) your use of the Site or (ii) any sale, use or handling of the products.
6.2. The indemnity obligation under this Section 6 shall survive each purchase transaction hereunder. 8. Warranty Disclaimer; Limitation of Liability
EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Phoenix Furniture Wholesale’S LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES RESULTING FROM THESE TERMS OF PURCHASE, EXCEED THE PURCHASE PRICE PAID BY YOU TO Phoenix Furniture Wholesale FOR THE PRODUCTS AT ISSUE. Phoenix Furniture Wholesale SHALL NOT BE HELD LIABLE FOR ANY ERROR IN A LISTING THAT Phoenix Furniture Wholesale CORRECTS PRIOR TO THE PURCHASE OF THE PRODUCTS TO WHICH THAT LISTING APPLIES. THIS LIMITATION OF LIABILITY SHALL SURVIVE EACH PURCHASE TRANSACTION.
You agree and acknowledge that Phoenix Furniture Wholesale makes no guaranty of the accuracy, correctness or completeness of any Promotional Content and is not responsible for: any errors or omissions arising from the use of any thereof; any failures, delays or interruptions in the delivery of any Promotional Content contained with the Site; losses or damages arising from the use of the Promotional Content provided by the Site; any conduct by you in connection with the Site; or any Promotional Content or products provided through or in conjunction with the Site. You must comply with the operating rules and policies applicable to the Site as may be published or provided byPhoenix Furniture Wholesale in writing (including by posting on the Site) from time to time.
If you fail to comply with any term or condition in this Terms of Purchase, Phoenix Furniture Wholesale may immediately terminate your account, deactivate your password and seek any other remedy available to Phoenix Furniture Wholesale or its affiliates.
11.1. These Terms of Purchase will be governed by the laws of the state of Wisconsin and California, without reference to its choice of law rules. No waiver of any provision of these Terms of Purchase shall constitute a continuing waiver, and no waiver shall be effective unless made in a signed writing. The division of these Terms of Purchase into separate sections, subsections and/or exhibits and the insertion of titles or headings is for convenience of reference only and shall not affect the construction or interpretation of these Terms of Purchase.
11.2. Force Majeure. Phoenix Furniture Wholesale shall not be liable to the other party for failure or delay in performance hereunder due in whole or in part to an act of God, strike, lockout or other labor dispute, civil commotion, sabotage, fire, flood, explosion, acts of any government, unforeseen shortages or unavailability of fuel, power, transportation, or supplies, and any other causes which are not within Phoenix Furniture Wholesale’s reasonable control, whether or not of the kind specifically enumerated above.
11.3. The Terms of Purchase was last updated on July 16, 2022. Please check our Terms of Purchase periodically for changes.YOU ACCEPT AND AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THE AGREEMENT. PLEASE PRINT A COPY FOR YOUR RECORDS.
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