Sales Order Terms & Conditions

Phospholutions, Inc., (hereinafter referred to as “Company”) agrees to provide to the Customer (hereinafter referred to as “Customer”) the services (“Services”) and/or goods (“Goods”), described in any purchase order or electronic request for sales, in accordance with these General Sales Order Terms and Conditions (hereafter referred to as the “Order”). Upon acceptance of Order, shipment of Goods or commencement of a Service, Company shall be bound by the provisions of the Order, including all provisions set forth on the face of any applicable purchase order, whether Company acknowledges or otherwise signs the Order or the purchase order, unless Company objects to such terms in writing prior to shipping Goods or commencing Services. This writing does not constitute a firm offer and may be revoked at any time prior to shipment. The Order may not be added to, modified, superseded, or otherwise altered, unless expressively agreed to in writing and duly executed by an authorized officer (or his/her authorized designee) of Customer. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Company, which are inconsistent with the terms and conditions herein, are hereby rejected. To the extent that this Order might be treated as an acceptance of Company’s prior offer, such acceptance is expressly made on condition of assent by Company to the terms hereof and shipment of the Goods or beginning performance of any Services by Company shall constitute such assent. Customer hereby reserves the right to reschedule any delivery on a purchase order issued at any time prior to shipment of the Goods or prior to commencement of any Services.  Customer may be subject to additional charges or other fees as a result of such. The Order constitutes the entire agreement and understanding between Customer and Company and supersedes all prior agreements and understandings, whether written or oral, regarding the subject matter of the Order.  Typographical and other clerical errors on the website are subject to correction by the Company.

Company hereby warrants to Customer that, in addition to any and all express and implied warranties provided under the Uniform Commercial Code, the Goods: (i) shall be provided in a competent, professional manner and in accordance with the highest standards and best practices of Company’s industry; (ii) shall be free from defects in materials and shall be merchantable and fit for their particular purpose; (iii) shall conform to and perform in accordance with all specifications, samples and other requirements referred to in the Order and provided by Seller; (iv) shall be manufactured, produced, labeled, furnished and delivered to Customer in full and complete compliance with all applicable laws and regulations.  Company agrees to execute and provide any and all information, documents and certifications reasonably required by Customer pursuant to subsection (ie MDS Sheets) (iv) above, and use due diligence protocols, standards and procedures in its supply chain as are necessary to comply with its obligations herein.

Processing

When placing an order, the following factors must be considered when calculating the Estimated Delivery Date:

  • Order Processing:  The amount of time it takes for the Company to prepare the Customer’s Order for shipping. 
  • Transit Time: The amount of time it takes the Customer’s Order to leave the distribution center and arrive at the local delivery carrier.
  • Scheduled Delivery Services:  These are specifically requested delivery dates and times that are arranged via the carrier by the Customer and could result in additional delays of the Order. This may also result in additional shipping charges to the Customer.

The Company processes orders during regular business hours (Monday thru Friday, 8:30 am – 4:30pm EST). Most of the items displayed on the product cart through the ecommerce section of the website will ship within 24-48 hours; but is not guaranteed. Orders are typically received anywhere from 5-10 business days from the date the Order is shipped, not the date the Order is placed.  International orders may require 3-5 business days or more of additional processing time prior to shipment as additional shipping arrangements may need to be made.  Orders that are flagged for additional information may result in delays of the shipment as that information is verified.  The Company is not responsible for any such delays in processing of the flagged Order.  After payment is authorized and verified, it can still take up to two business days to process the Order.

An email confirming the Order will be sent within 1-2 business days after receiving the formal purchase order. If it is not received, please check the spam folder in an attempt to locate it.  An email will be sent when the Company receives the Customer’s Order and when the Order has shipped. If an email is not received, The Company did not receive the Customer’s Order.

Shipping

The enrolled Customer and/or Consignee (hereinafter collectively referred to as “Customer”) agrees to these TERMS AND CONDITIONS which no agent or employee of the parties may alter. These TERMS AND CONDITIONS shall apply to this and all future shipments scheduled by Customer, unless and until these TERMS AND CONDITIONS are altered or amended by Phospholutions, Inc. (hereinafter referred to as “Company”) issuance of new TERMS AND CONDITIONS which can be found at WEBSITE. 

The Customer shall be liable, jointly and severally, for all standard shipping charges payable on account of such Customer’s shipment, including but not limited to transportation, fuel and other applicable accessorial charges, including all adjustments issued by the carrier(s) after the shipment, and all duties, customs assessments, governmental penalties and fines, taxes, and Company’s attorney fees and legal costs allocable to this shipment and/or all disputes related thereto.

Any additional services required outside of the standard shipping procedure require additional fees from the carrier called accessorial.  These fees may be assigned to the Customer as applicable. These include extra services such as:

  • » Lift gate service
  • » Inside pick up
  • » Residential service
  • » Fuel surcharge
  • » Inside delivery
  • » Arrival notification
  • » Insurance

Shipping Charges are determined by the weight and size of the shipped items, number of packages being shipped, and the delivery zip code. The final charge for shipping will appear at the end of the Customer’s transaction. All Shipping costs are nonrefundable. For a shipping estimate, please add the desired product to the shipping cart.   

The Policy covers goods in transit within the Continental United States and/or Canada, and internationally with some restrictions subject to the terms and conditions contained therein. Coverage is from door to door during the ordinary course of transit. 

All shipments shall be made in strict conformity with governing tariff rules and regulations and packaging specifications, except where otherwise specifically required by provisions of the order. Any import/export duties, taxes, tariffs, VAT or customs fees, etc… that are due at the time of delivery are the sole responsibility of the receiving Customer.  The Company cannot estimate these fees prior to the purchase as these fees vary widely around the world. 

Products shall be measured by calibrated meters or scales. Product weights shall be measured in short tons (2,000 pounds) where applicable. Measurements shall be deemed to be correct absent manifest error.

All orders will be shipped by a carrier of Company’s choice.  Typical transit can be 5-10 days, longer for international orders.

The Company may ship the items by any means, including truck, air, vessel, or any other carrier, unless Customer gives specific electronic or written instructions to the contrary. When a Customer elects to arrange shipment via a carrier of their choice, the Customer becomes subject to that carrier’s own specific Terms and Conditions. It is upon the recommendation of the Company/Seller that the Customer insure all purchases made. If you are offered insurance on shipping for the Order and do not accept it, the Company cannot be held responsible for damaged, lost or stolen packages.

On international Orders, packing slips cannot be marked as a “gift” or with altered prices.

In certain instances, Customer shall be responsible for loading such Products at Company’s Facility into appropriate trucks owned or contracted for by Customer, subject to any applicable rules, terms, or conditions for accessing Company’s Facility, and transporting the Products at Customer’s sole cost and expense to Customer’s destination. In such cases, title and risk of loss to the Products shall pass to Customer when the Products pass the outlet flange on Company’s loading device

Some items may not be shipped to certain destinations due to licensing and customs restrictions.  If an item that has been selected cannot be shipped internationally, the Company will inform the Customer directly, via email within 48-72 hours, excluding non-business hours and holidays.

Any claims for shortages or goods damaged in transit must be made within 3 business days of shipment arrival.  Please refer to the Returns & Refunds Section for defective products and returns.

The Company reserves the right to amend or adjust the original quoted amount or re-invoice the Customer if the original quoted amount was based upon incorrect information provided at the time of the original quote or if additional services by the carrier were required or otherwise authorized by the Customer to perform the pick-up, transportation and delivery functions therein. Customer is permitted thirty (30) business days from the date of the invoice to dispute any invoiced charges. If the Company does not receive a dispute within the allowable thirty (30) business days, the disputed item will be denied by the Company.

The Company is not liable for any loss, mis-delivery or non-delivery caused by the act, default or omission of the Customer or any other party who claims interest in the shipment or caused by the nature of the shipment or any defect thereof. The Company is not liable for losses, mis-delivery or non-delivery caused by violation(s) by the Customer of any of the TERMS AND CONDITIONS set forth in this policy or contained in the Bill of Lading or of the carrier’s General Rules Tariff including, but not limited to, improper or insufficient packing, securing, marking or addressing, or of failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions. The Company nor the Carrier is liable for losses, mis-delivery or non-delivery caused by the acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of aircraft or other equipment. The Company is not liable for failure to comply with delivery or other instructions from the Customer or for the acts or omissions of any person relevant to the order and shipment.

All Bills of Lading are NON-NEGOTIABLE and have been prepared by the enrolled Customer or by the Company as Customer’s agent on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer and to bind Customer. Any unauthorized alteration or use of Bills of Lading or tendering of shipments to any carrier other than that designated by the Company, or the use of any Bill of Lading not authorized or issued by the Company shall VOID the Company’s obligations to make any payments relating to this shipment and VOID all rate quotes.

The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. The Customer agrees to furnish such information and documents as are necessary to comply with such laws, rules and regulations. The Company assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the Customer in ordering items and scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer.

Payment

All pricing is shown in U.S. Dollars.  For conversion, the use of a currency converter is recommended.  Please see the following link: https://www.travelex.com/currency-converter.

Prices listed on the Company website are exclusive to on-line purchases only. All orders must be paid for in advance by credit card. Visa, Mastercard and American Express are accepted. There is no dollar minimum for on-line orders and no handling fee.  (variance for payment & credit terms for sales and ecommerce??). By providing Company with names and account information, the Customer authorizes the  Company to follow payment processing of Order via payment system, therefore debiting the payment account for Order or Services thru the website.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
It is the Company’s general policy to treat the Customer’s account information as confidential. However, the Company will disclose information to third parties about Customer accounts or the transactions made ONLY in the following situations:

  1. Where it is necessary for completing transactions;
  2. Where it is necessary for activating additional services;
  3. In order to verify the existence and condition of the Customer account to a third party, such as a credit bureau or Payee;
  4. To a consumer reporting agency for research purposes only;
  5. In order to comply with a governmental agency or court orders; or,
  6. If the Customer gives the Company written permission.

Those Customers who wish to establish a vendor account are encouraged to email info@phospholutions.com for more details.

When paying by credit card or electronic funds, the Customer agrees that they will be responsible for all charges payable, including any adjustments, on account of such Customer’s shipment. These charges and adjustments, if any, will be automatically debited to the Customer’s credit card or bank account.

Facsimile and Electronic Signatures: These TERMS AND CONDITIONS and all Bills of Lading entered into hereunder may be executed in two or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same instrument. These TERMS AND CONDITIONS and all Bills of Lading entered hereunder may be executed by facsimile signature or by any other electronic means and such signatures shall be deemed to be originals for all purposes under these TERMS AND CONDITIONS and any Bill of Lading.

Return and Refunds

All Sales are Final!  The Customer will be responsible for paying for shipping costs for returning any Order should an exception to the policy be made.  Questions on how to request an exception for a credit or to return an item can be made by contacting the Company at info@phospholutions.com

A warranty claim shall be subject to the proviso that the Customer has given commercially reasonable written notice of the defects that have occurred within 3 working days after the delivery of the products for apparent defects or 3 days after detecting a latent defect of the product by including a specific description of the nature of the defect. At the Company’s request, the Customer is obliged to send samples, photographs or other evidence of the defective products back to the Company.  Damages that occurred due to shipping are subject to each independent carrier’s requirements.

Any disputes between Customer and Company about quality, delivery or any other complaint submitted by Customer shall not give Customer the right to suspend payment.

Environmental and Safety Compliance.

Any products supplied under the Order (if any), and the manufacture of such products, will comply in all respects with the applicable Laws related to the pollution or protection of the environment or human health and safety.  The Company has made Safety Data Sheets for the Products (the “Safety Data Sheets”) available to the Customer on the Company website.  The Customer acknowledges the risks and hazards associated with handling and using the Products. The Customer represents that it has complete knowledge of the hazards of the Products. THE CUSTOMER ASSUMES ALL RISK AND LIABILITY FOR THE USE OF THE PRODUCTS, WHETHER SINGLY OR IN COMBINATION WITH OTHER SUBSTANCES, AND FOR LOSS, DAMAGE, OR INJURY TO PERSONS OR PROPERTY OF THE CUSTOMER OR OTHERS ARISING OUT OF THE USE OR POSSESSION OF THE PRODUCTS.

The company has obtained and been in compliance with all of the terms and conditions of all permits, licenses and other authorizations which are required under, and has complied with all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules, and timetables which are contained in, all environmental, health and safety laws.  There are no claims and Phospholutions, Inc. is not aware of the potential for any claims arising out of environmental issues related to the use of our product(s).

Governing Law
THE VALIDITY, PERFORMANCE AND CONSTRUCTION OF THESE TERMS AND CONDITIONS AND ALL BILLS OF LADING HEREUNDER SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLAVANIA.

Any claim, dispute or litigation relating to these TERMS AND CONDITIONS, any shipment scheduled or tendered hereunder or through the Company’s website or relating to any and all disputes between the Company and the Customer, shall be filed in the Court having jurisdiction within the Commonwealth of Pennsylvania.

Any delay or failure of performance of either party to these TERMS AND CONDITIONS shall not constitute a breach or default of these TERMS AND CONDITIONS or any Bill of Lading, or give rise to any claims for damages, if and to the extent that such delay or failure is caused by an occurrence beyond the control of the party affected, including, but not limited to, acts of governmental authorities, acts of God, the discovery of materially different site conditions, wars, riots, rebellions, sabotage, fire, explosions, accidents, floods, strikes, lockouts, or changes in laws, regulations, or ordinances. In the event that a party intends to invoke this force majeure provision, that party shall provide prompt notice to the other party as soon as possible after the occurrence of the event giving rise to the claim of force majeure.

Terms:

Bill of Lading (BOL)
This is the legal document that shows that the carrier has received the freight as described and is obligated to deliver that freight in good condition to the consignee. One BOL is required for each shipment.

Carrier
Any individual, company or corporation engaged in transporting goods.

Consignee
The person or place to whom the goods are addressed and the final destination where a shipment will be transferred for the last time.

Inside Pickup / Inside Delivery
If a driver is required to go inside (beyond the front door or loading dock), to pick up or deliver a shipment, instead of remaining at the dock or truck, it is considered an inside pickup or delivery.

Lift Gate Service
When the shipping or receiving address does not have a loading dock, manual loading or unloading is necessary. A lift gate is a platform at the back of certain trucks that can raise and lower a shipment from the ground to the truck. Additional fees apply for this service.

Minimum charge
The lowest charge for a shipment after discount and/or adjustment.

PRO or Tracking Number
A number assigned by the carrier to reference your shipment. It is also used for tracking your shipment.

Shipper / Consignor
Person or organization paying for freight to be shipped from one place to another.