Dear Sales Partner,
Welcome to The Phoenix Group, the POS industry’s largest independent POS distributor. We are confident you will find our service, prices, and overall capabilities second-to-none, and we look forward to partnering with you for a long time to come.
The following materials contain all the pertinent information and documentation you will need so that you can start benefiting from your partnership with us as quickly as possible. If you have any questions about any of the forms, please feel free to contact us at any time.
Again, thank you for choosing to partner with The Phoenix Group.
Sincerely,
Scott Rutledge CEO

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We declare that the above information is true, correct and complete and is given to induce The Phoenix Group to extend credit. We authorize the Company to make such credit investigation as the Company sees fit, including contacting the above trade references and banks and obtaining credit reports. We authorize all trade references, banks and credit reporting agencies to disclose to the Company any and all information concerning the financial and credit history of my company and myself.

GENERAL TERMS AND CONDITIONS

  1. Payment terms to be determined by The Phoenix Group based on information provided by the applicant.

Remittance of this form indicates an authorization on the part of the credit card holder to charge amounts authorized on written orders faxed to The Phoenix Group. The charges are for the purchase, repair, replacement or other services associated with products purchased from The Phoenix Group including shipping. By indicating OPEN charge, you are authorizing The Phoenix Group to charge you credit card for the total amount of the invoice whether the order placed was written, faxed, emailed, entered via web or verbal.

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To induce THE PHOENIX GROUP (“TPG”) to enter into this business transaction and all future transactions between TPG and , (“debtor” ) the undersigned unconditionally guarantees to TPG the prompt payment when due of all monies owed TPG for equipment and/or services sold to the above-referenced business entity. The term “debtor” herein used shall include more than one debtor if so named above, and the term “guarantor” as herein used shall apply equally to more than one guarantor if this instrument is executed by more than one guarantor. This guaranty shall be a continuing, absolute and unconditional guaranty and shall remain in full force and effect until all such indebtedness, obligations and liabilities shall be fully paid. The guarantor agrees that this guaranty shall be directly enforceable against guarantor without resorting to the debtor or exhausting remedies against it/him, and any indulgences, forbearances, or extensions of time of payment with respect to the obligations of the guarantor hereunder, shall not in any way release the guarantor from liability hereunder. The guarantor agrees that in the event a settlement is made with the debtor for less than the amount of the indebtedness actually due TPG, the guarantor shall in no way be released from liability for the balance still due to TPG. The undersigned waives notice of the acceptance hereof and of all other notices or demands of any kind of which the undersigned may otherwise be entitled. The guarantor agrees to pay all costs and expenses, including interest, collection fees and reasonable attorney’s fees and legal expenses paid or incurred by TPG or any assignee of TPG in endeavoring to collect upon the debt or this guaranty in prosecuting any suit against the debtor or in enforcing any rights under this guaranty. The undersigned hereby consents and submits to the jurisdiction of the Circuit Court of the County of St. Charles, State of Missouri, for the purpose of any suit, action, or other proceeding arising out of the undersigned’s obligations hereunder and expressly waives any objection the undersigned may have to venue in any such courts. The undersigned guarantor has carefully read the above and understands its provisions and the obligations created hereunder and agrees that it shall be binding on him and his heirs, executors, administrators, successors and assigns.


Each piece of equipment received for repair is thoroughly tested and checked by a trained technician. If repairs are called for, we replace major components with aftermarket and OEM parts. If a unit requires major repair-printer mech or main board replacement, you will be notified and asked to approve any charges over and above our normal repair price. Do not send in power supplies, batteries, or sim cards. If power supplies, batteries or sim cards are needed, you may purchase separately at the time the RMA is issued.

Level 1
Refurbishment Only: $10.00

Includes clean, test and re-box only

Repair and Refurb: $20.00



Includes re-box, shell change, keypad, lens, battery and remove tamper on the following devices:
Verifone: PP1000SE PCI
Ingenico: IPP220
Level 2
Refurbishment Only$35.00


Includes shell change, lenses, keypad, phone cord, 1 roll of paper and all other cosmetics on working units only plus functionality testing.

Repair and Refurb of Printer/Terminal Combination$45.00



Includes shell change, lenses, keypad, phone cord, 1 roll of paper and all other cosmetics Includes diagnostics, replacement of weak or faulty parts and labor on the following devices:
Verifone: Omni Series
Nurit: 2085
Miscellaneous:All Magteks (REFURB ONLY- NO REPAIR)
Level 3
Repair and Refurb of Printer/Terminal Combinations Specialized Device$65.00

Includes shell change, lenses, keypad, phone cord, 1 roll of paper and all other cosmetics Includes diagnostics, replacement of weak or faulty parts and labor on the following devices:
Verifone: Vx5XX Series, Evolution Series VX520, VX680, VX805, 810 & 820
Ingenico: ICT Series, IWL Series, IPP320 and 350
Nurit: 8000 series & 8020
Pax: S300, S80 and S90

*(Does not include certificate removal. To avoid fee please remove cert prior to sending)

Level 4
Repair and Refurb of Printer/Terminal Combinations Specialized Device$95.00

Includes shell change, lenses, keypad and all other cosmetics
Includes diagnostics, replacement of weak or faulty parts and labor on the following devices:
Verifone: MX8XXSeries and MX9XX Series
Ingenico: ISC250

*(Does not include certificate removal. To avoid fee please remove cert prior to sending)

Possible Additional Repair Fees 2018

Diagnostic Fee$20.00

If the unit is sent in as a repair and there is no mechanical or electrical problem found. This fee will be charged for warranty and non warranty repairs. This includes any software issues that require a return to the manufacturer’s default software.

Damaged Box Service Fee $20.00

If unit is returned for a credit and the original equipment box is damaged, written on, used as a shipping box or damaged in any way this fee will be assessed to repackage the equipment in an after market box. If unit is returned as an “out of box failure”, this fee does not apply.

Major Repair$TBD

When a unit is sent in for a repair and it is determined that a new printer mechanism or main board is necessary to repair the unit properly, TPG will send out an email notifying the customer of the situation along with the additional costs that will apply.

Expedited Repair Fee(ERF)$25.00

Repairs on terminals can be expedited for a fee. This means that a terminal will be repaired and returned within one week from the date of receiving specific unit, pending all parts are available. If we cannot expedite your repair due to lack of parts, you will be not charged the ERF.

Your equipment will be returned in working condition but with the same appearance as it was received by TPG

Swap Fee$25.00

Units covered under sales warranty requiring out of scope repair will be swapped with a refurbished terminal

Certification Removal$20.00

Subject to Information Provided

Tamper Removal $20.00

I have reviewed the Customer Repair and Refurb Pricing*

Equipment repairs by PHOENIX are fully warranted for the same issue for a period of one year from the date it is shipped to our customer. All new equipment sold carries a one-year warranty unless stated differently from the manufacturer. This warranty covers the entire device, and is not self renewing in the event a repair is done within the warranty period. Warranty coverage is void on devices which have been tampered with, or damaged due to abuse, spillage or acts of God. Devices diagnosed as “no problem found” are not covered by warranty.

Within 10 days of receipt:
  1. If a unit sold to CUSTOMER or a CUSTOMER merchant is deemed defective with in 10 days of CUSTOMER receiving the unit, we will replace the unit at no charge. This includes issuing a call tag (up to 3 attempts) and sending a replacement device via overnight carrier.
  2. There will be no charge for deployment if the warranty unit was originally deployed by TPG.
  3. It is important that the original unit be returned to TPG in the same condition as it was originally sent in order to get a replacement at no charge.
  4. If it is determined after receiving the defective unit back that the failure was due to software problems (excluding any event were TPG downloads incorrect software), CUSTOMER abuse or CUSTOMER misuse then the full replacement charge will be billed. This charge will be $59.00.
Within 30 days (Out Of Box Failure):
  1. TPG will send a call tag (up to 3 attempts) & ship replacement unit GROUND at no charge. If Overnight freight is requested, we will invoice for the freight amount. CUSTOMER has the option to utilize our overnight carrier for this service.
  2. There will be no charge for deployment if the warranty unit was originally deployed by TPG.
  3. It is important that the original unit be returned to TPG in the same condition as it was originally sent in order to get a replacement at no charge.
  4. If it is determined after receiving the defective unit back that the failure was due to software problems (excluding any event were TPG downloads incorrect software), CUSTOMER abuse or CUSTOMER misuse then the full replacement charge will be billed. This charge will be $59.00.
Within 1 Year Warranty:
  1. If a piece of equipment purchased from TPG breaks during the first year of service CUSTOMER may send in that unit for repair via RMA number. TPG will fix the damaged unit at no charge and ship the unit back to CUSTOMER via UPS ground service.
  2. TPG will diagnose and repair the defective unit at no charge assuming there is no CUSTOMER abuse, electrical surge or acts of God present.
  3. NOTE: All warranties are for NORMAL WEAR & TEAR ONLY. If it is determined when a unit is received that it is defective due to electrical surges, acts of God or CUSTOMER abuse, the warranty is VOID and CUSTOMER is responsible for all repairs, call tags and/or shipping.

    I Do not wish for my equipment to be refurbished

    All terminals received by TPG under our repair program will be repaired & refurbished regardless of warranty status. If you do not wish for your equipment to be refurbished, please check this box. Your equipment will be returned to you in working condition but with the same appearance that it was received by TPG. By leaving this box blank, TPG will either charge the repair/refurb fee or the refurb only fee for warranty items.

    CUSTOMER reserves the right to inspect any units repaired hereunder to ensure the quality of workmanship anticipated and shall advise TPG in writing of any variance with respect to such expectations. In the event CUSTOMER submits such documentation to TPG, TPG shall promptly respond to CUSTOMER’s concerns and in good faith reach reasonable settlement with CUSTOMER. Further, TPG represents that during the course of it repair process it replaces plastics as determined necessary, and, in the event TPG decides to spray paint plastics in lieu of replacement, TPG shall receive prior written approval from CUSTOMER.

Please review these terms and conditions carefully. The Rutledge Company doing business as The Phoenix Group (“Seller”) and the party placing the order with The Phoenix Group, including any individual issuing a personal guarantee for payment, (“Buyer”) agree that the standard terms and conditions contained herein (the “Agreement”) shall govern all purchases placed on or after August 1, 2016. Buyer accepts the terms and conditions of the Agreement by placing an order with Seller after the foregoing date.

  1. PAYMENT TERMS
    1. Pricing: Seller’s prices may change from time to time. Seller’s prices are set at the time Buyer’s order is placed. Buyer agrees to pay all amounts for products ordered at the price set at the time the order is placed, including all sales, use, and other taxes and delivery charges.
    2. Delivery: Delivery shall be as mutually agreed between Seller and Buyer. Seller shall make reasonable efforts to meet any agreed delivery date. However, all delivery dates are estimates and Seller shall not be liable to Buyer for its failure to meet any estimated delivery date.
    3. Payment: Unless the Buyer is approved to make purchases from Seller on credit, prepayment will be required for all purchases before delivery of the product to Buyer by Seller. If the Buyer is approved to purchase items from Seller on credit, then Buyer will receive an email from Seller stating the timing for Buyer to make payments. Overdue invoices shall bear interest at the lower rate of one and one half percent (1 ½%) per month, or the highest rate allowed by applicable law. In the event of any default for nonpayment or a returned check or refusal of any institution to honor the prepayment, Seller shall have no obligation to fulfill any current or future orders and may obtain the return of any products in transit with a carrier until such time as all outstanding amounts, including interest and fees, are paid.
  2. WARRANTY
    Seller’s Warranty Policy is set forth in Appendix A for new products, repairs and refurbished products. Except as expressly set forth in Appendix A, Seller makes no warranties or representations, express or implied, including but not limited to, the implied warranty of merchantability.
  3. RETURNS
    Returns shall not be accepted and no refunds or credits will be issued unless Buyer strictly complies with Seller’s return policy set forth in Appendix A.
  4. MISCELLANEOUS

    1. Attorney Fees and Costs: Seller shall be entitled to an award of attorney fees, litigation costs, and all costs associated with any and all efforts to establish and collect amounts owed by Buyer for purchases from Seller.
    2. Interest: Seller shall be entitled to an award of interest on all unpaid amounts at the lower rate of one and one half percent (1 ½%) per month, or the highest rate allowed by applicable law.
    3. Choice of Law: This Agreement shall be construed under the laws of the State of Missouri.
    4. Venue Selection: Any action brought to enforce this Agreement or in any way related to the purchase of products from Seller by Buyer shall be brought in the Circuit Court of St. Charles, State of Missouri or the United States District Court for the Eastern District of Missouri, Eastern Division. Buyer hereby waves any and all objections that Buyer may have to such venue.
    5. Entire Agreement: This Agreement, Appendix A and the invoice for each purchase shall constitute the entire agreement between the Buyer and Seller. This Agreement shall not be modified except in writing executed by an authorized agent of the Seller.
    6. Modification: Seller reserves the right to make changes to this agreement from time to time. Any changes to this agreement shall apply to all orders placed after adoption of the new terms and conditions and notice to Buyer.
    7. Severability: Should any provision of this Agreement be held by a court of competent jurisdiction to be unenforceable, such holding shall not affect the validity of the remainder of this Agreement, the balance of which shall continue to be binding upon the Parties.

    ACCEPTANCE.
    By placing an order after receipt of these Standard Terms and Conditions, Buyer accepts the terms of this Agreement.

    I HAVE READ THE TERMS AND CONDITIONS STATED BELOW AND AGREE TO ALL OF THOSE TERMS AND CONDITIONS*