Terms of Service

1. Overview

These Terms of Service govern access to and use of the website located at PhiBer.shop (the “Website”) and purchases made through the Website.

The Website operates under the trade name PhiBer Manufacturing. The legal entity responsible for a purchase depends on the delivery destination:

• For orders delivered within Canada or the United States, the seller is PhiBer Manufacturing Inc.
• For orders delivered within Australia, the seller is PhiBer Pty Ltd.

In these Terms, “PhiBer,” “we,” “us,” and “our” refer to the entity responsible for the applicable transaction. “Customer,” “you,” and “your” refer to the person or organization accessing the Website or purchasing products.

By accessing the Website or placing an order, you agree to these Terms and any policies incorporated into them, including our Shipping Policy, Returns and Refunds Policy, and Privacy Policy.

Nothing in these Terms excludes, restricts, or modifies any right, guarantee, warranty, remedy, or protection that cannot lawfully be excluded or limited.

2. Eligibility and Authority

You must be legally capable of entering into a binding agreement to place an order.

If you use the Website or place an order on behalf of a company, farm, dealer, or other organization, you represent that you are authorized to bind that organization to these Terms.

You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account. Please notify PhiBer promptly if you believe your account has been accessed without authorization.

3. Product Information

PhiBer makes reasonable efforts to ensure that product descriptions, specifications, compatibility information, images, pricing, inventory status, and estimated availability are accurate.

However:

• Product images may be illustrative;
• Colours and appearance may vary by screen or production run;
• Manufacturers may change product designs or specifications;
• Minor variations may occur without materially affecting the product’s intended function; and
• Inventory and availability information may change before an order is accepted.

Customers are responsible for reviewing product specifications and confirming that products are suitable for their intended application. If compatibility or application information is unclear, customers should contact PhiBer before ordering.

Any material substitution or change affecting an accepted order will require the customer’s approval unless the substituted product is functionally equivalent and the substitution is permitted by applicable law.

4. Orders and Acceptance

Submitting an order constitutes an offer to purchase the selected products. An automated order confirmation acknowledges receipt of the order but does not necessarily constitute acceptance.

PhiBer may verify payment, product availability, shipping information, tax status, dealer eligibility, or other order details before accepting an order.

An order is accepted when PhiBer:

• Provides express confirmation of acceptance;
• Begins manufacturing or procuring a built-to-order product; or
• Dispatches the order,

whichever occurs first.

PhiBer may reasonably refuse or cancel an order before acceptance, including because of:

• Product unavailability;
• Suspected fraud or unauthorized payment activity;
• Material pricing, description, or inventory errors;
• Incomplete or inaccurate customer information;
• Export, sanctions, or legal restrictions;
• Unauthorized use of dealer pricing or account privileges; or
• A material violation of these Terms.

If PhiBer cancels an order after payment has been collected, the amount paid for the cancelled products and associated unprovided services will be refunded.

If a material pricing or product-information error is discovered before dispatch, PhiBer may provide the corrected information and allow the customer to accept the correction or cancel the affected products for a full refund.

5. Prices, Taxes, and Payment

Prices are displayed in the currency indicated on the Website and may change before an order is placed. Price changes will not apply retroactively to an accepted order unless the customer approves the change.

Applicable taxes and shipping charges will be displayed at checkout where reasonably possible.

The customer’s payment method may be authorized when the order is placed. Payment will normally be captured when an order, or a portion of an order, is ready for dispatch. Different timing may apply where clearly disclosed at checkout or required by the selected payment method.

If products are shipped separately, separate charges may appear for each shipment. Combined charges will not exceed the amount authorized for the order unless the customer approves an additional charge.

Customers are responsible for currency-conversion charges, foreign transaction fees, or other fees imposed by their financial institution.

6. Dealer and Business Accounts

Authorized dealers, resellers, and other commercial customers may purchase products through PhiBer.shop in accordance with the terms applicable to their accounts.

Dealer pricing, payment terms, credit arrangements, consignment programs, booking programs, territories, equipment commissions, and other benefits may be governed by separate agreements or program terms.

Dealer privileges:

• Are available only to approved accounts;
• May not be transferred or shared;
• Must not be used for personal purchases unless permitted;
• May be suspended if account information is inaccurate or privileges are misused; and
• Do not guarantee product availability, exclusivity, credit approval, or a particular margin.

If separate dealer or commercial terms conflict with these Terms, the separate terms govern the subject matter they specifically address.

7. Shipping and Delivery

Shipping is governed by PhiBer’s Shipping Policy.

Orders containing only in-stock products are normally processed and dispatched within one business day. Freight arrangements, special handling, verification, export documentation, and built-to-order products may require additional time.

Shipping rates displayed for LTL and other freight services may be estimates. If the final freight charge materially exceeds the amount authorized at checkout, PhiBer will obtain the customer’s approval before dispatch unless the additional charge results from circumstances caused by the customer after dispatch, such as:

• Incorrect delivery information;
• Undisclosed limited-access conditions;
• Customer-requested services;
• Unavailable recipients;
• Redelivery;
• Storage; or
• Refused delivery.

Estimated shipment, transit, and delivery dates are not guarantees. Applicable statutory cancellation or delivery rights remain unaffected.

Title and risk of loss pass as provided by applicable law and the agreed shipping terms. Nothing in this section limits the customer’s rights concerning products lost or damaged during shipment.

8. International Orders

Orders delivered outside Canada may be subject to duties, taxes, brokerage fees, customs-clearance charges, or other government or carrier charges.

Unless expressly stated at checkout, these charges are not included in the product price or shipping amount collected by PhiBer. The recipient is responsible for applicable import charges and for complying with local import requirements.

PhiBer is not responsible for customs delays, but will provide available shipment documentation and reasonable assistance where appropriate.

Customers must not purchase, export, re-export, transfer, or use products in violation of applicable trade, sanctions, or export-control laws.

9. Returns, Refunds, and Order Cancellations

Returns and refunds are governed by PhiBer’s Returns and Refunds Policy.

Return authorization is required before products are sent back. Authorization to return a product does not guarantee a refund because returned products remain subject to inspection.

Approved non-warranty returns may be subject to:

• Return-shipping costs;
• Non-refundable original shipping charges;
• Deduction of actual outbound shipping costs where an order received free or discounted shipping; and
• A restocking fee of up to 15% where reasonable processing, inspection, repackaging, or restoration is required.

These deductions will not apply to the extent a return results from an approved defect, shipping damage, PhiBer error, or circumstances for which PhiBer is responsible under applicable law.

Cancellation of backordered, built-to-order, custom, or already-dispatched products may be restricted, except where the customer has a cancellation right under the Shipping Policy or applicable law.

10. Warranties and Consumer Guarantees

Products may be covered by a warranty provided by PhiBer or the applicable manufacturer. Warranty coverage and duration vary by product.

Customers requesting warranty service may be required to provide:

• Proof of purchase;
• A description of the issue;
• Photographs or video;
• Serial or lot information; and
• Other information reasonably needed to assess the claim.

PhiBer will assess the claim and, where appropriate, facilitate the claim with the applicable manufacturer. Manufacturer involvement does not eliminate any responsibility PhiBer has as the seller under applicable law.

To the fullest extent permitted by law, warranties or conditions not expressly provided by PhiBer are excluded. However, nothing in these Terms excludes or limits any statutory warranty, consumer guarantee, right, or remedy that cannot lawfully be excluded.

For products supplied in Australia, applicable consumer guarantees under the Australian Consumer Law continue to apply. These guarantees may also apply to qualifying purchases made by businesses.

11. Acceptable Use

You may use the Website only for lawful purposes. You must not:

• Use the Website fraudulently or deceptively;
• Attempt to gain unauthorized access to an account or system;
• Introduce malware or other harmful code;
• Interfere with the Website’s security or operation;
• Scrape or collect information through automated means without permission;
• Impersonate another person or organization;
• Submit false account, exemption, payment, or delivery information;
• Infringe intellectual-property or privacy rights;
• Circumvent purchasing restrictions or account controls; or
• Use the Website in violation of applicable law.

PhiBer may restrict access where reasonably necessary to protect customers, systems, or legal interests.

12. Intellectual Property

The Website and its content—including text, product information, photographs, graphics, logos, videos, downloads, and software—are owned by or licensed to PhiBer and are protected by applicable intellectual-property laws.

Customers may use Website content for personal purchasing decisions or legitimate promotion of PhiBer products as an authorized dealer. No other reproduction, modification, distribution, commercial use, or creation of derivative materials is permitted without authorization.

13. Customer Submissions

If you submit a product review, photograph, suggestion, or other content to PhiBer, you confirm that:

• You have the right to submit it;
• It is accurate to the best of your knowledge;
• It does not violate another party’s rights; and
• It is not unlawful, defamatory, deceptive, or harmful.

You grant PhiBer a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, and display the submitted content for operating, supporting, and promoting PhiBer and its products. This licence does not transfer ownership of your content to PhiBer.

PhiBer is not required to publish or retain submissions and may remove content for legitimate legal, safety, accuracy, or moderation reasons.

14. Third-Party Services and Links

The Website may rely on or link to third-party services, including payment processors, carriers, mapping services, manufacturers, and external websites.

PhiBer does not control third-party websites and is not responsible for their independent content, availability, privacy practices, or terms. This does not limit PhiBer’s responsibility for third parties acting on its behalf where that responsibility cannot lawfully be excluded.

15. Website Availability

PhiBer may update, suspend, or discontinue Website features when reasonably necessary. PhiBer does not guarantee that the Website will always be uninterrupted or error-free.

Website interruptions do not alter the terms of an already accepted order. Customers may contact PhiBer directly for assistance with an existing order.

16. Limitation of Liability

Nothing in these Terms limits liability for fraud, wilful misconduct, personal injury caused by negligence, or any liability that cannot lawfully be excluded or limited.

Subject to those exceptions and to the fullest extent permitted by law:

• PhiBer is not liable for indirect, incidental, special, or consequential losses that were not reasonably foreseeable when the order was accepted; and
• PhiBer’s aggregate liability arising from a product or order will not exceed the amount paid for the affected product, except where applicable law provides otherwise.

These limitations do not exclude remedies available under mandatory consumer-protection legislation, including the Australian Consumer Law.

17. Business-Customer Indemnity

To the extent permitted by law, a customer purchasing primarily for business purposes will indemnify PhiBer against third-party claims directly resulting from that customer’s unlawful conduct, intentional misuse of a product, infringement of another party’s rights, or material breach of these Terms.

This provision does not require a customer to indemnify PhiBer for PhiBer’s own negligence, breach of contract, unlawful conduct, or failure to comply with a non-excludable obligation.

18. Privacy

Personal information is handled according to PhiBer’s Privacy Policy and applicable privacy legislation.

Customers are responsible for ensuring that personal information supplied on behalf of another person—such as a delivery recipient or employee—is provided lawfully.

19. Severability and Waiver

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed only to the extent necessary. The remaining provisions will continue in effect.

A failure by PhiBer to enforce a provision on one occasion does not waive the right to enforce it later.

20. Changes to These Terms

PhiBer may update these Terms by posting a revised version on the Website with a new effective date.

Updated Terms apply prospectively to future Website use and orders. The terms applicable to a purchase are generally those in effect when the order is placed, except where a change is required by law or expressly agreed to by the customer.

21. Governing Law and Disputes

Orders sold by PhiBer Manufacturing Inc., including orders delivered within Canada or the United States, are governed by the laws of Manitoba and the applicable federal laws of Canada.

Orders sold by PhiBer Pty Ltd. are governed by the laws of New South Wales and the applicable laws of Australia.

Before commencing formal proceedings, customers are encouraged to contact PhiBer and provide a reasonable opportunity to resolve the concern. This does not prevent either party from seeking urgent relief or exercising a statutory right.

These governing-law provisions do not exclude mandatory rights or protections available under the laws applicable in the customer’s jurisdiction.

22. Entire Agreement

These Terms, together with the applicable order information, Shipping Policy, Returns and Refunds Policy, Privacy Policy, and any separate written commercial agreement, form the agreement between PhiBer and the customer regarding the applicable transaction.

If these Terms conflict with specific information expressly agreed to in an accepted order, the accepted order information governs that transaction.

23. Contact Information

Canada — Home Office and North American Seller

PhiBer Manufacturing Inc.
Operating as PhiBer Manufacturing
108 New Hope Drive, Box 58
Crystal City, Manitoba R0K 0N0
Canada
Phone: +1 204-873-2448

United States Office

PhiBer Manufacturing Inc.
213 Main Street, Box 54
Sarles, North Dakota 58372
United States
Toll-free: +1 866-264-8030

The United States office is a regional office. The seller for Canadian and United States Website orders remains PhiBer Manufacturing Inc., the Canadian company.

Australia — Australian Seller

PhiBer Pty Ltd.
17 Wild Avenue
Moama, NSW 2731
Australia
Phone: +61 3 4439 5999

Email: Store@PhiBer.ca