Terms of Service

Agreement to Terms

By accessing or using the Phoenix IBC Totes website (phoenix-ibctotes.com) and services, you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Phoenix IBC Totes. If you do not agree to these Terms, please do not use our website or services. If you are accessing or using our services on behalf of a business or entity, you represent that you have the authority to bind that business to these Terms.

Services Description

Phoenix IBC Totes provides services related to Intermediate Bulk Containers (IBC totes), including:

• Sale of new and reconditioned IBC totes
• Purchase of used IBC containers
• IBC repair and reconditioning services
• IBC recycling and disposal services
• Container transport and delivery services
• Technical consultation and support

All services are subject to availability and these Terms. We reserve the right to modify or discontinue services at any time.

Product Information

We strive to provide accurate information about our products and services. However, you acknowledge that:

Quotes and Pricing

All pricing and quotes are subject to the following terms:

• Quotes are estimates and valid for 30 days unless otherwise specified
• Final pricing may vary based on actual container condition, quantity, and location
• Prices do not include delivery unless explicitly stated
• We reserve the right to correct pricing errors
• Payment terms are agreed upon before transactions are completed
• Volume discounts may apply and will be specified in quotes

For current pricing, please contact us directly or request a quote through our website.

Container Grades and Conditions

Our container grading system helps customers select appropriate products:

Customers should verify container suitability for their specific application. We recommend inspection before use.

Orders and Transactions

When placing orders or engaging in transactions:

• Orders are subject to acceptance and confirmation by Phoenix IBC Totes
• We reserve the right to refuse or cancel orders for any reason
• Quantities are subject to availability at time of order confirmation
• Deposit or prepayment may be required for certain orders
• Custom orders may not be cancelable once processing has begun
• All sales are final unless otherwise agreed in writing

Delivery and Pickup

For deliveries and pickups:

• Delivery schedules are estimates and not guaranteed
• Customer must provide adequate access for delivery vehicles
• Forklift or loading dock may be required for container handling
• Customer is responsible for inspecting containers upon delivery
• Claims for damage must be reported within 24 hours of delivery
• Pickup appointments must be scheduled in advance

Delivery fees vary by location and quantity. Contact us for delivery estimates.

Liability Limitations

To the fullest extent permitted by law:

• Phoenix IBC Totes shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our liability is limited to the purchase price of the goods or services in question
• We are not liable for any third-party claims arising from your use of our products
• We are not responsible for losses due to delayed delivery or service interruptions
• We disclaim all warranties except those expressly stated in writing

Some jurisdictions do not allow certain limitations of liability. In such cases, our liability will be limited to the extent permitted by law.

User Responsibilities

When using our services, you agree to:

• Provide accurate and complete information in all transactions
• Use containers only for lawful purposes
• Comply with all applicable laws, regulations, and industry standards
• Properly handle, store, and transport containers according to best practices
• Not misrepresent container conditions when selling to us
• Dispose of containers responsibly and in compliance with regulations
• Not use our website for any unauthorized or illegal purpose
• Not interfere with or disrupt our website or services

Selling Containers to Us

When you sell containers to Phoenix IBC Totes:

• You represent that you have legal ownership or authority to sell the containers
• You agree to accurately disclose the condition and history of containers
• You must disclose any previous hazardous or restricted contents
• Final purchase price is determined after our inspection
• We reserve the right to refuse purchase of any containers
• Payment is made after containers are received and inspected

Intellectual Property

All content on this website is the property of Phoenix IBC Totes:

• Text, images, logos, and design elements are protected by copyright
• Our trademarks and trade dress may not be used without permission
• You may not reproduce, distribute, or modify our content without written consent
• Limited license is granted for personal, non-commercial viewing of our website
• Any unauthorized use may result in legal action

Indemnification

You agree to indemnify, defend, and hold harmless Phoenix IBC Totes, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our products or services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Any misrepresentation made by you

Dispute Resolution

In the event of any dispute arising from these Terms or our services:

• You agree to first attempt to resolve the dispute informally by contacting us
• If informal resolution is unsuccessful, disputes will be resolved through binding arbitration
• Arbitration will be conducted in Phoenix, Arizona
• You waive the right to participate in class action lawsuits
• Small claims court actions are exempt from arbitration requirements

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. Any legal proceedings related to these Terms shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the jurisdiction of such courts.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

Changes to Terms

We reserve the right to modify these Terms of Service at any time:

• Changes will be effective immediately upon posting to our website
• The "Last updated" date will be revised to reflect changes
• Your continued use of our services constitutes acceptance of modified Terms
• For significant changes, we may provide additional notice
• It is your responsibility to review these Terms periodically

Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Phoenix IBC Totes regarding your use of our website and services. Any separate written agreements for specific transactions will supplement but not replace these Terms unless explicitly stated otherwise.

Contact Information

For questions about these Terms of Service or any other inquiries, please contact us: