Phoenix Managed Services Ltd - Terms & Conditions of Sale

T&Cs

1. General

a) ‘Phoenix Managed Services Limited’ shall be referred to in these Terms & Conditions of Sale as the Seller and the purchaser or proposed purchaser of goods or services shall be referred to as the Buyer
b) These Terms & Conditions shall take precedence over any terms to the contrary in the Buyer’s standard Terms & Conditions of purchase and, to the extent permitted by law, all other guarantees, conditions or warranties
c) These Terms & Conditions cannot be varied unless expressly agreed in writing by the Seller
d) All orders and other agreements between the Seller and the Buyer, whether in writing or verbal, shall be governed by the laws of England and Wales
e) No parties other than the Seller and the Buyer have any rights under these Terms & Conditions (and any agreement incorporating the same) pursuant to the Contracts (Rights of Third Parties) Act 1999

2. Pricing

a) Unless otherwise stated all prices quoted are for the goods or services sold excluding VAT and shall deemed to be withdrawn unless accepted within 30 days

3. Specification

a) The Seller shall not be bound to exact colours, dimensions or illustrations detailed in or on any catalogue, brochure, website or other document or portal

4. Special Items

a) Any goods or services that the Buyer has been advised are ‘special items’ being held in stock by the Seller shall be paid for in full by the Buyer upon termination of any contract between the two parties for any reason
b) The Seller may also demand that the Buyer pays in full for any ‘special items’ being held in stock if the Seller deems that demand from the Buyer has materially decreased

5. Delivery

a) Every endeavour will be made to meet the Buyer’s delivery requirements given in good faith, however these are in no way the essence of the contract and the Seller cannot accept liability for failure to do so
b) In the event of war, riot, explosion, fire, flood, strike, lockout, shortage of material or labour, or any cause beyond the Seller’s control, delivery will be delayed until the situation has returned to normal
c) All goods are supplied on an ‘ex works’ basis unless expressly stated otherwise

6. Payment

a) All invoices are payable within 30 days from the date of invoice, unless expressly stated otherwise
b) All goods remain the property of the Seller until paid for in full
c) Where payment is overdue the Seller, or any third parties appointed by the Seller, shall be permitted to enter the Buyer’s premises at any reasonable time to recover the goods and dispose of them as appropriate
d) Each transaction conducted between the Buyer and the Seller shall be treated separately in that no query relating to one transaction shall cause a delay or reduced payment on another separate transaction.
e) The Seller reserves the right to charge the Buyer interest at the rate of 2% per month, or part thereof, for any invoices, or part thereof, past due
f) The Seller reserves the right to claim from the Buyer any costs that may be incurred in collecting full payment including, but not limited to, debt recovery agents’ charges and solicitors’ fees

7. Queries

a) All queries regarding goods or services supplied must be e-mailed to sales@phoenixmsl.co.uk within 7 days of receipt
b) All queries regarding quantities or prices must be e-mailed to sales@phoenixmsl.co.uk within 7 days of receipt of the invoice
c) All queries relating to short shipment of goods supplied must be e-mailed to sales@phoenixmsl.co.uk within 3 days of receipt
d) No queries will be considered after the above periods have lapsed

8. Returns

a) Any goods or services that the Buyer has been advised are ‘special items’ are non-returnable and non-refundable
b) Goods correctly supplied to order may not be returned for refund unless expressly agreed by the Seller and where such agreement is given those goods will be subject to a 20% re-stocking fee
c) Goods being returned to the Seller are done so entirely at the Buyer’s risk and will only be considered for refund once safely received by the Seller in perfect condition

9. Liability

a) To the extent permitted by law, the Seller’s liability to the Buyer is limited to the value of the goods or services supplied that have given rise to any claim
b) In no circumstances shall the Seller be liable for consequential loss or damage howsoever arising as a direct or indirect result of any failure or defect, or alleged failure or defect, with goods or services supplied
c) The Buyer shall indemnify the Seller in respect of all damage, injury or loss to any person or property and against all actions, suits, claims, demands, charges or expenses in connection therewith arising from the condition or use of the goods or services where they have been occasioned partly or wholly by the actions of the Buyer or his servants, invitees or agents or by any breach by the Buyer

10. Confidentiality

a) The Buyer shall treat as strictly confidential and not divulge to any third party: i) any usernames or passwords used in connection with the Seller’s online ordering system(s); ii) any price lists, transactional volumes or other reports provided by the Seller and; iii) any other information provided by the Seller and marked as being confidential (or words having similar effect)
b) The Buyer undertakes to ensure that its authorised users of the Seller’s online ordering system(s) shall not divulge or allow to be divulged any usernames, passwords or other online ordering access information to any person whatsoever

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"In the short time I have been ordering from Phoenix, I have found the on-line ordering system user-friendly. My contact, Freja, has been involved in managing a manifestation of an office privacy room. Freja has displayed great qualities in her communication skills which are the epitome of any works being carried out."

Tina

"We have multiple sites all across the UK so managing the waste is a massive task, but having Phoenix helping us to manage all the contracts, really does make our lives a lot easier! They are always happy to help, the communication is great and we love having Phoenix as a supplier!"

Megan

"We are an extremely fast paced company, with high expectations of all our staff and suppliers. Phoenix adapt to our fast pace and also bring in ideas to how we can better manage our office supplies. I'd happily recommend them and am very happy at the service they provide."

Lewis

"I have worked with Phoenix in my last 2 FM roles. This move was required very quickly as we wanted to sub lease our 5th floor. From first discussion through to move completion it was less than 3 weeks, which is very quick. Everything happened as expected and all my staff were working from their new desk positions on the Monday. I had great communication from the Phoenix staff which included a full debrief the week after the move."

Andrea

"I have worked with Phoenix for a number of years in different Facilities roles.  They are unique as a supplier; providing detailed cost centre reports, pro-active help when mobilising new offices, pro-active account management to review expenditure and identify cost savings, ability to purchase one-off bespoke items, fast responses and good communication"

Laura

"I have been working with Phoenix for almost 4 years with two different companies. As a customer I feel extremely valued and the personal touch of account management from Alan and Tess has been superb. Phoenix are flexible and willing to put in the hard work to produce quality cost effective solutions."

Colin

"We had great experience working with Phoenix. The Phoenix team looked after the client interests and delivered the project successfully, mobilising on very short notice and delivering the project to the original deadline. Very well done."

Manesh

"I just wanted to share a quick note that Alan and Dawn do a fantastic job. They are accommodating and attentive to their customer’s needs. It is great to work with you guys. Thanks for looking after us, greatly appreciated!"

Jennifer

"I have found Phoenix Managed Services of great assistance in helping me fulfil my stationery and consumables needs. I just e-mail purchase orders over and they do the rest. They are very speedy with responses for quotes and my main contact Dawn Seymour is extremely helpful and friendly. I couldn’t wish for more from a supplier."

Barry