Feniex General Terms & Conditions of Sale

These Terms apply to every order for Feniex products and services (each an "Order"), whether placed through feniex.com, a dealer portal, purchase order, email, or phone, unless a separate written agreement signed by an authorized officer of Feniex expressly modifies them for that Order. No terms in a customer's purchase order, request for quote, or other document vary these Terms. Each Order is a separate agreement between Feniex and the customer.

In these Terms: "Customer" means the person or entity purchasing products or services from Feniex; "Products" means goods manufactured or sold by Feniex; "Distributor" means a Customer appointed to the Feniex Distributor Program under Section 7; "days" means calendar days; and "Applicable Law" means the laws, rules, and regulations that govern the parties' obligations under these Terms.

Orders may be placed at feniex.com with dealer credentials, or through Customer Support at 1.800.615.8350. Oral and email orders must be confirmed by a purchase order or written confirmation within seven (7) days, failing which Feniex has no obligation to fulfill them.

Order processing. For prepaid accounts, payment in full is required before an order is processed and submitted into production. For net-terms accounts, orders are processed and transferred into production within one business day, provided the account is current and within its credit limit.

Changes. Feniex charges a 10% service fee (based on product value) for change requests made within 24 hours after order submission, including color changes, product changes, or cancellations.

Cancellation by Customer. An order may be cancelled in whole or in part before Feniex gives notice that the products are ready for delivery, subject to a cancellation fee of twenty percent (20%) of the price of the cancelled products or the vendor termination charges incurred by Feniex, whichever is greater. Products that are being custom-built or modified to Customer's specification may not be cancelled once production has begun without Feniex's written consent.

Cancellation by Feniex. Feniex may terminate any order for cause — including non-payment, breach of these Terms not cured within seven days of notice, or Customer insolvency — by written notice and without liability beyond refund of amounts paid for undelivered products.

Prices are those in the current Feniex price list at the time an order is entered, and are subject to change without notice. Quoted prices are valid for thirty (30) days unless the quotation states otherwise. Prices exclude taxes, duties, and packaging; all such charges appear as separate line items and are for Customer's account. Customer-requested modifications to standard manufacturing or testing procedures are charged at Feniex's cost plus a fifteen percent (15%) administrative charge.

Payment. Unless credit terms are extended, payment in full is due before shipment. Where credit is extended, invoices are due within thirty (30) days of the invoice date. Past-due accounts bear a finance charge of 1.5% per month (or the maximum rate permitted by law) plus all reasonable costs of collection, including attorneys' fees.

Fees. Orders under $100 in value are subject to a $10 fee. Drop shipments are accepted for domestic U.S. locations only; a $10 drop-ship fee applies to drop-ship orders containing only non-customized products (speakers, controllers, flashers, sirens, surface mounts, scene lights, brackets, and similar items).

Security interest. Customer grants Feniex a purchase-money security interest in products sold until paid in full, and Feniex has all rights of a secured party under the Texas Uniform Commercial Code, including repossession upon payment default.

Unless otherwise specified in an order, prices are Ex Works Feniex's facility, and title and risk of loss pass to Customer upon delivery to the carrier. Feniex charges shipping on all orders unless a shipper account number is provided at the time of order placement. If Customer does not furnish shipping instructions, Feniex will ship via a commercial carrier of its choosing at Customer's cost plus a fifteen percent (15%) administrative charge.

Ship-as-done. For orders placed after July 1, 2023, Feniex ships items in an order as soon as they are complete and ready. For orders containing finished goods that Customer requests to be held at the Feniex facility awaiting a full shipment, a 10% hold fee applies (blanket orders excluded).

Delivery estimates. All shipment dates are approximate and estimated from the date of a complete order; alterations to an order affect the estimated date. Feniex is not liable for delays caused by events beyond its control, including carrier delays, supplier shortages, strikes, fires, embargoes, governmental acts, or acts of God. If Customer fails to accept delivery within thirty (30) days after notice that products are ready, Feniex may charge storage interest at 1% per week (or the highest rate allowed by law) and may resell and restock the products subject to the applicable restocking fees.

Feniex offers a 30-day return policy on new, unused products. Returns are initiated through the RMA system at feniex.com/returns. If products are returned within a 7-day window, Feniex waives the minimum 20% restocking fee; after 7 days, returns are subject to a minimum 20% restocking fee deducted from the return credit. Products must be in new, unused, resalable condition with all original parts; custom-configured and custom-built products may not be eligible for return once released to production. Defective products are handled under the Warranty Document's RMA procedure, not under this section.

Feniex products are covered by the Feniex Warranty Terms & Agreement Document (8-2026 V2.2), which is the single controlling statement of warranty coverage.

Appointment. Feniex may appoint a Customer as a non-exclusive distributor of Feniex products. Distributors shall use best efforts to promote, exhibit, publicize, and sell Feniex products, to develop new business, and to maintain healthy stock levels with purchases planned and forecast against manufacturing lead times. Distributor performance is evaluated quarterly; accounts not trending toward the yearly purchase commitment for their pricing level are adjusted to the pricing level matching actual performance.

Independent business. A Distributor buys and resells for its own account, sets its own selling prices, and is not an employee, agent, partner, or fiduciary of Feniex. Neither party may make commitments on behalf of the other. Distributors shall abide by all safety rules and laws governing the jurisdictions in which Feniex products are showcased; criminal, dishonest, or fraudulent conduct is cause for immediate termination from the program.

Product bundles. Bundles containing Feniex products must be made up entirely of Feniex products; Feniex products may not be bundled with other brands. MAP pricing applies to the total bundle price.

Net-30 accounts. Net-30 terms are available to Distributors upon credit application and approval (5–7 business days). Credit lines depend on transactional history, references, and credit score. Orders on net terms require a formal purchase order.

Distributors agree not to publish, in any advertisement or medium — catalogs, mailers, promotional fliers, websites, or marketplaces — a price for a Feniex product below the MAP price. The MAP Policy does not restrict the price at which a Distributor actually sells; it applies only to published prices, and does not prevent a Distributor from submitting a bid below MAP. Current MAP pricing is published on the live dealer pricing sheet. Failure to comply with the MAP Policy results in termination from the Distributor Program.

MAP violations include: posting any marketing material below MAP; stating a dollar amount off; showcasing a percentage off; listing any product as free; and advertising bundles below total MAP. Approved MAP marketing: a discount applied at cart without specifying the amount or percentage.

International MAP levels are country-specific:

Dealers and Distributors may use the Feniex name and logo solely in connection with the marketing and resale of Feniex-branded products, using only original logo files provided by Feniex. The logo may not be altered, recolored, combined with other graphic elements, given effects, or placed on patterned backgrounds, and may not be applied to any object or product without written approval. The Feniex name and logo may not be used in any URL, internet domain, social media account name, profile photo, caller ID, or email address, and may not be used in any way that implies the dealer is a division of Feniex or that Feniex is a division of the dealer. The proper designation is the business name followed by the approved program title ("Certified Distributor," "Master Distributor," or "5-Star Partner"). Branding questions: [email protected].

All Feniex intellectual property — designs, firmware, software, patents, trademarks, trade secrets, and documentation — is and remains the exclusive property of Feniex Industries. No Customer or Distributor may remove, alter, or obscure any copyright, trademark, or proprietary notice on Feniex products; disable or circumvent any copy protection or security feature; or disassemble, decompile, or otherwise reverse engineer any Feniex product or its firmware, except to the extent expressly permitted by Applicable Law. Violation of this section is a material breach that cannot be cured and is grounds for immediate termination of any agreement and Order.

Any non-public information disclosed by either party in connection with these Terms — including pricing, price lists, cost data, product designs, manufacturing techniques, business strategies, and customer lists — is confidential. The receiving party shall protect it with at least the care it applies to its own confidential information, use it only for performing under these Terms, share it internally only with personnel who need it, and not disclose it to third parties without written consent.

These obligations do not apply to information that is or becomes public through no fault of the receiving party, was lawfully known before disclosure, is independently developed, or must be disclosed by law — provided the disclosing party is promptly notified so it may seek protection. Confidential information remains the property of the disclosing party and shall be returned or destroyed within seven days of written request. Breach of this section causes irreparable harm, and the disclosing party is entitled to injunctive relief in addition to all other remedies.

Each party shall indemnify, defend, and hold harmless the other from and against third-party claims for bodily injury, death, or damage to third-party property to the extent caused by the indemnifying party's negligence or willful misconduct. Customer shall indemnify Feniex against claims arising from Customer's improper installation, alteration, or misuse of products, or from Customer's failure to comply with Applicable Law.

The foregoing waiver does not apply to amounts due Feniex for products or services, to breaches of the confidentiality or intellectual-property sections, or to third-party claims subject to indemnification. Except for those obligations, Feniex's maximum aggregate liability arising out of or relating to any order — whether in contract, tort, or otherwise — is limited to the amounts paid to Feniex for the products or services giving rise to the claim during the twelve (12) months preceding the event, not to exceed $1,000,000 in the aggregate in any twelve-month period. Customer's exclusive remedy for defective products is the repair-or-replace remedy stated in the Warranty Document.

Feniex collects and processes personal information as described in the Feniex Privacy Policy (8-2026 V2.0). Each party shall comply with Applicable Law relating to the collection and processing of personal data in connection with these Terms.

SMS terms. By providing consent, Customer agrees to receive SMS messages from Feniex Industries, which may include appointment confirmations, rescheduling notices, order and delivery updates, service notifications, and customer-support responses. Phone numbers collected through the SMS consent process are not shared with third parties or affiliates for marketing purposes. Message frequency varies, with up to 10 messages per week depending on the type of communication, and standard message and data rates may apply. Opt in by completing the Feniex consent form; opt out at any time by replying STOP (or END, CANCEL, UNSUBSCRIBE, or QUIT) to any message, or by contacting Feniex directly. Reply HELP or call 1.800.615.8350 for assistance.

Neither party is in breach of these Terms if prevented from performing by an event beyond its reasonable control that is not due to its fault or negligence and could not have been avoided by reasonable diligence. The affected party shall notify the other promptly, stating the expected impact, and shall use commercially reasonable efforts to resume performance. If a force majeure event prevents performance for more than thirty (30) days, either party may terminate the affected order on five days' written notice, without further compensation owed for the unperformed portion.

Each party shall perform under these Terms in compliance with Applicable Law and with honesty and integrity, observing high standards of business ethics. Neither party will make, offer, or authorize any illegal payment or advantage in violation of anti-corruption law, including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act, and each party shall comply with applicable anti-slavery and human-trafficking laws. Each party shall comply with applicable import, export, anti-boycott, and sanctions laws; Feniex products may not be sold, transferred, or diverted, directly or indirectly, to any country, entity, or person subject to applicable sanctions or export controls. Breach of this section is cause for immediate termination of any agreement and Order without penalty or liability to Feniex.

These Terms and all orders are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. Exclusive venue for any litigation is the state or federal courts sitting in Austin, Travis County, Texas. The prevailing party in any proceeding is entitled to recover its reasonable attorneys' fees, court costs, and related expenses in addition to any other relief awarded. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or any order.

Severability. If any provision of these Terms is found inconsistent with Applicable Law or public policy, it is deemed modified to the minimum extent required to comply, and the remaining provisions continue in full force. Waiver. No waiver is effective unless in a writing signed by an authorized officer of Feniex, and no failure to enforce a provision waives the right to enforce it later. Assignment. Neither party may assign its rights or obligations under these Terms without the prior written consent of the other, which shall not be unreasonably withheld; these Terms bind and benefit the parties and their permitted successors and assigns. Independent contractors. The parties are independent contractors; nothing in these Terms creates a partnership, joint venture, employment, or fiduciary relationship. Survival. The provisions relating to warranties and warranty remedies, indemnification, limitation of liability, confidentiality, intellectual property, and compliance with law survive termination or expiration of these Terms and any order.

Feniex Industries, Inc. reserves the right to modify these Terms at any time. Modifications apply to orders placed after the date of modification; orders already accepted remain governed by the version in effect on their order date. The current version is always available on this page, and the version identifier printed in the header of this document controls which revision applies.

Feniex publishes these Terms so that every customer, dealer, and distributor can see the rules of the road before an order is placed; if any part of this document is unclear, ask before ordering, not after.