Terms & Conditions
All orders placed with pHive.8 Distribution for goods are governed by the following Conditions of Sale, which shall constitute a binding contract.
The ‘Company’ shall mean Albion Enterprises LLC dba pHive.8 Distribution. The ‘Customer’ shall mean the person, firm, company or other legal entity whose order for goods is accepted by the Company.
The Wholesale Prices of the Company’s products are those ruling on the date of order by the Customer and are subject to change without notice. The company will endeavor, where possible, to give the customer 30 days notice of price increases.
Customers are required to adhere to the MSRP and MAP stated on official Company price sheets. Any in-store or online promotions by the Customer must have Company approval prior to commencement.
New trading account applications will be considered in accordance with the Company’s prevailing policy at the time of application. All the relevant application forms must be completed and returned to the company. The Company is under no obligation whatsoever to open any trading account and has the right to decline any application at any time without being obliged to disclose the reason(s) for refusal.
Acceptance of Order
An order will only be deemed as accepted after the appropriate Pro-Forma payment has been received. The Company is under no obligation whatsoever to accept an order and reserves the right to decline to accept an order at any time without being obliged to disclose the reason(s) for refusal.
Pending the establishment of a credit account, goods will only be supplied under Pro-Forma arrangements. Credit facilities are granted at the sole discretion of the Company. The Company may decline to grant, or may discontinue credit facilities at any time and shall not be obliged to disclose any reason for doing so.. All credit accounts must be settled in full within the terms agreed for the account.
On all orders under the ‘Free or Discounted’ Freight Minimums’ Shipping will be charged in addition to the cost of the goods ordered in accordance with the Company’s prevailing shipping charges policy. The Company reserves the right to choose the method and supplier of transport.
Additional Freight Terms and Conditions Apply. Please contact us.
FREIGHT DAMAGES / SHORTAGES
Any damages or shortages should be noted on the Delivery Receipt (DR) regardless of how it might have occurred. By noting visible damages or shortages you are ensuring that any potential claims can be processed against your shipment. If you do not make any notations on the DR of the damages or shortages we may not be able to file a claim. All damages and discrepancies must be reported to The Company with delivery receipt marked accordingly within 24 hours.
NOTE: If you think the original pallet/parcel packaging has been opened or packaging tape is broken or missing, this indicates that the pallet/parcel may have tampered with and SHOULD BE CHECKED THOROUGHLY BEFORE SIGNING.
If warranted: Sign ‘’DAMAGED’’ STC&I (Subject To Count and Inspection). In the event of non-delivery, the Company should be advised within 5 days of order placement. The Company shall not be responsible for goods lost or damaged in transit unless the above conditions are observed.
Please follow these easy steps to safeguard your delivery.
- Take a precise piece and pallet count when you are checking in your freight. Note any damages or shortages on the Delivery Receipt. You should write the description and quantities if known. If you are not able to inspect the shipment completely please sign the delivery receipt ‘’STC&I’’ (Subject to Count and Inspection). This should always be used if you suspect there could be potential damages or issues not visible immediately.
- We insist on you taking digital photos of the damaged/missing products. This will help support any claim we may have to file against the shipment.
- Make sure the driver has signed the delivery receipt after you have made all notations and you have a clear and visible copy.s
The Company shall have the right to suspend delivery under this, or any other contract, if the Customer has failed to make payment on the due date for any goods delivered or (although the Customer may not be in arrears with any payment), when the Company considers the amount outstanding on the Customer’s account (whether actually due for payment or not) to be the limit to which the Company is willing to allow credit. Delivery dates given by the Company are estimates only and accepted as such by the Customer and are deemed not to be the essence of the contract between the Customer and the Company. The company will only deliver goods to commercial premises, and will only accept instructions to deliver to an end-user by prior agreement.
The Company is committed to supplying quality products and outstanding service, and whilst every care is taken processing Customer orders problems can occur. If a Customer has any problem with a delivery or product supplied By the Company they should contact the Company’s After-Sales Dept. If the problem is of a purely technical nature, a member of our Technical Sales team will be asked to liaise with the Customer in an endeavour to resolve the issue. If the problem cannot be resolved by consultation then the problem will be passed through to the Company’s RMA Dept/Process.
Although the Company will make every reasonable effort to assist Customer, Customer acknowledges that the Company does not make warranties of any kind, express or implied, with respect to the products sold. Customer understands that the only warranties available for the products sold are the manufacturer’s warranties. The Company will assist Customer in filing appropriate warranty claims with the respective manufacturer but the Company specifically disclaims any liability for said warranty claims and Customer agrees to hold the Company harmless with respect to such warranty claims.
We aim to answer technical questions or troubleshoot product challenges directly between customers and either; their nominated Company rep or a member of the Company’s technical sales team. If this does not resolve the issue then the product(s) can be returned to the Company via a Company RMA (Return Merchandise Authorization) Form.
- The more descriptive you can be in defining the issue you have with the product the better we will be able to expedite the RMA through and reconcile accounts.
- An RMA request form is included in your Dealer Pack. Fill out the form completely. All fields are required. If you need additional forms, contact your nominated Company rep or the RMA Dept so they can email you extra forms.
- Verify the ship-to address is the address where you wish your replacement or repaired product be delivered. Your contact phone number is also very important information.
- Email (preferred) or fax your request to the contact on the form. We recommend that you save a copy for your records. Do not use the RMA request form as your packing slip.
Be sure to test all products being returned as defective or for warranty repair. Also, ensure that all products are still in warranty. If you need assistance with testing procedures or to check Date of Manufacture, please call our RMA Dept.
- Do not return any items not on your RMA confirmation.
- Only return items purchased from pHive.8 Distribution.
- Papillon Light Fixtures not purchased from pHive.8 Distribution can only be returned with prior Company authorization.
- We will not accept the items with outdated or expired warranties.
- Describe completely the problem with the item. This helps our repair technicians identify; fix and get the item back to you quickly. Use additional lines if needed.
- Use appropriate packaging material to get item(s) safely back to us. Please do not ship any broken lamps/glass. Any item(s) broken in transit from the customer by using unsuitable packaging will not be covered by the manufacturer and will not be covered by the Company.
- If we cannot identify where a shipment came from, (i.e. the shipment we receive does not have RMA information, pack slip or other ID) the shipment becomes the property of The Company; That shipment may be disposed of if we do not hear from you within 30 (Thirty) days. Also, if we have notified you that a unit(s) you returned will require repair charges, you have 7 days to notify us to either return the unit to you without repair, but with freight charges, or authorize the repairs and freight charges.
- Please refer to the RMA form for additional instructions
Repairs outside of warranty will be billed at $60 per hour plus parts. Any freight will also be billed if not initially covered by customer. Administrative fees apply to, but are not limited to:
- Items returned without authorization.
- Defective items or warranty repairs that are working.
- Items damaged during shipping because of inadequate packaging.
- Items improperly returned on prepaid shipping tags.
- Items returned for warranty repair or replacement that is out of warranty because of date, tampering or misuse.
- Items left in our possession over 30 days.
Retention of Title
The goods supplied are the property of the Company and title to the property shall not pass to the Customer until such time as the goods are paid for in full. Nevertheless, the risk in the products shall pass to the Customer when the goods are delivered to the Customer or to any third party on the Customer’s behalf. Where the Customer has gone into bankruptcy or liquidation, or where a receiver has been appointed, any documentation showing evidence of the sale of the goods to the Customer shall be proof of the Company’s Title. The Company shall have no liability for the suitability of any goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the Company.
Items not covered by any current warranty may be repaired, and will be billed at the hourly rate ruling at the time of return (currently $60.00 per hour with a minimum charge of $60.00 plus any parts required) to cover repair costs & administration.
The Company reserves the right, without notice, to take such steps as it sees fit to recover overdue accounts, including re-assignment of the debt to third-party collection agencies. Interest will be charged at 3% above the Federal Reserve Base Rate on overdue accounts, compounded monthly. The Customer shall, on a full indemnity basis, pay all costs, charges and expenses incurred by the Company in recovering any debt. If the Customer fails to make any payment on the due date then, without prejudice to any other rights of remedy available to the Company, the Company shall be entitled to cancel the contract or suspend any further deliveries to the Customer, without notice.
These Conditions of Sale shall be construed and have effect in all respects in accordance with Colorado Law. Any disputes arising from, or in connection with these Terms and Conditions, and any written special conditions of purchase applicable hereto, shall be submitted to the exclusive jurisdiction of the Colorado Courts, to which jurisdiction the parties exclusively submit.