Warranty and Terms of Sale
Phoenix Rail & Iron LLC - Warranty and Terms of Sale
1. Disclaimer of Warranties and "As-Is" Sale The product is sold "AS IS" and "WITH ALL FAULTS." Phoenix Rail & Iron LLC makes no representations or warranties, either expressed or implied, regarding the condition, performance, durability, or suitability of this product for any specific purpose. This includes, but is not limited to, any implied warranties of merchantability or fitness for a particular purpose.
By purchasing this product, the buyer assumes all risks and liabilities associated with its use, installation, and performance. Phoenix Rail & Iron LLC shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use, misuse, or inability to use this product.
No returns, refunds, or exchanges will be accepted unless otherwise explicitly stated in writing by Phoenix Rail & Iron LLC prior to the sale.
2. Limitation of Liability In no event shall Phoenix Rail & Iron LLC be liable for any personal injury, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, lost profits, lost data, loss of business opportunities, commercial losses, or business interruption, arising out of or related to the product, however caused, regardless of the theory of liability (contract, tort, or otherwise), and even if Phoenix Rail & Iron LLC has been advised of the possibility of such damages. Phoenix Rail & Iron LLC's total liability, whether in contract, warranty, tort (including negligence), or otherwise, shall not exceed the actual amount paid by the buyer for the product.
3. Non-Transferability Any rights or claims related to this product are non-transferable and apply only to the original purchaser. Any subsequent owners or transferees are not entitled to any warranty, remedy, or claim against Phoenix Rail & Iron LLC.
4. Exclusions and Limitations of Use Phoenix Rail & Iron LLC is not responsible for any damages, failures, or injuries caused by misuse, improper installation, unauthorized modifications, or operation outside the intended purpose of the product.
5. No Oral Modifications This agreement cannot be modified, altered, or amended except in writing, signed by an authorized representative of Phoenix Rail & Iron LLC.
6. Force Majeure Phoenix Rail & Iron LLC shall not be liable for any failure to perform its obligations under this agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, labor strikes, government regulations, or supply chain disruptions.
7. Return and Refund Policy All sales are final unless explicitly stated otherwise in writing by Phoenix Rail & Iron LLC prior to the sale. If a return is authorized, it must be requested within 30 days from the date of purchase, and the product must be returned in its original condition and packaging.
8. Indemnification The buyer agrees to indemnify, defend, and hold harmless Phoenix Rail & Iron LLC, its officers, directors, employees, and agents, from any claims, damages, losses, or liabilities arising from the buyer's misuse, improper installation, or unauthorized modification of the product.
9. Jurisdiction and Governing Law This sale, and any disputes arising from it, shall be governed by and interpreted in accordance with the laws of the State of Maine, without regard to its conflict of law principles. Any legal actions, claims, or disputes must be brought exclusively in the state or federal courts located in Maine. The buyer agrees to submit to the exclusive jurisdiction and venue of these courts.
10. Severability If any provision of this disclaimer is found to be invalid, illegal, or unenforceable for any reason by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be replaced with a valid provision that reflects as closely as possible the original intent of the parties.
11. Entire Agreement This document constitutes the entire agreement between the parties regarding the sale of this product and supersedes all prior agreements, discussions, representations, or warranties, whether written or oral.
12. Inspection and Acceptance The buyer must inspect the product upon delivery and report any damage, defect, or non-conformity to Phoenix Rail & Iron LLC in writing within 5 business days. Failure to report within this timeframe constitutes acceptance of the product in its delivered condition.
13. Compliance with Laws The buyer agrees to use the product in compliance with all applicable local, state, and federal laws, regulations, and ordinances.
14. Separate Legal Entity Phoenix Rail & Iron LLC is a separate and distinct legal entity under the laws of the State of Maine. All transactions, obligations, and liabilities related to the sale of products are solely those of Phoenix Rail & Iron LLC and not those of its owners, members, managers, officers, directors, or employees in their personal capacity. Nothing in this agreement shall be interpreted as creating any personal liability for the owners, members, or officers of Phoenix Rail & Iron LLC.
15. No Personal Liability Under no circumstances shall any officer, director, employee, manager, or member of Phoenix Rail & Iron LLC be held personally liable for any obligations, liabilities, or claims arising from or related to this agreement or the sale of products. The buyer expressly agrees to limit any claims, demands, or legal actions exclusively to Phoenix Rail & Iron LLC as a corporate entity.
If you have questions or would like to request changes to these terms, based on your individual needs, reach out below.