Forced Ignition

By using this Web site, you agree to the following:

This Web site is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, or sell any information, software, products or services obtained from this Web site. You agree to defend and indemnify Forced Ignition, Inc. and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims, liabilities and expenses (including attorney's fees) that may arise from your use of this Web site. This Web site may contain links to Web sites operated by parties other than Forced Ignition, Inc. Such links are provided for your convenience only. Forced Ignition, Inc. does not control such Web sites, and is not responsible for their contents. The inclusion of links to such Web sites does not imply any investigation or endorsement of the material on such Web sites.

Forced Ignition, Inc. makes no warranty or representation of any kind, express or implied, regarding the information appearing at or linked to this Web site. All warranties, including warranties of merchantability and fitness for particular purpose, are hereby disclaimed. All information appearing at, or linked to, this Web site, is used at your own risk.

General Conditions of Order

DO NOT USE PRODUCTS SOLD BY FORCED IGNITION AS CRITICAL COMPONENTS IN LIFE SUPPORT DEVICES OR SYSTEMS.

Products sold by Forced Ignition are not authorized for use as critical components in life support devices or systems. A critical component is any component of a life support device or system whose failure to perform can be reasonably expected to cause the failure of the life support device or system, or to affect its safety or effectiveness. Any attempt to purchase any Forced Ignition product for that purpose is null and void and Forced Ignition accepts no liability whatsoever in contract, tort or otherwise whether or not resulting from our or our employees' negligence or failure to detect an improper purchase.

All orders, regardless of how they are placed, submitted through the Forced Ignition Web site or through its Call Centers are specifically subject to all the terms and conditions contained herein. No change, alteration, deletion or modification of any of these terms and conditions is permitted. No person is authorized to accept, confirm or vary these terms and conditions including all representations and warranties unless they have been posted on this Web site. All terms are specifically and exclusively subject to interpretation under the US Uniform Commercial Code and all claims or disputes shall be interpreted according to Mississippi law and subject to jurisdiction in Mississippi state or federal courts at the exclusion of any other choice of law or choice of jurisdiction, including the UN Convention on the International Sale of Goods (CISG).

Orders placed on forms deviating from these terms and conditions will be accepted on the basis that Forced Ignition Terms and Conditions will prevail.Technical Assistance and Support Services — Disclaimer of Warranties; Release of Claims

Forced Ignition offers its Technical Assistance and Support Services as a convenience to Forced Ignition customers. Forced Ignition Technical Assistance and Support Services personnel strive to provide useful information regarding Forced Ignition products.

THE CUSTOMER IS SOLELY RESPONSIBLE FOR ANALYZING AND DETERMINING THE APPROPRIATENESS OF ANY INFORMATION OR RECOMMENDATION PROVIDED BY FORCED IGNITION TECHNICAL ASSISTANCE AND SUPPORT SERVICES PERSONNEL, AND ANY RELIANCE ON SUCH INFORMATION OR RECOMMENDATION IS AT THE CUSTOMER'S SOLE RISK AND DISCRETION. ACCORDINGLY, THE CUSTOMER SHALL RELEASE AND HOLD FORCED IGNITION HARMLESS FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, AND DAMAGE INCURRED BY THE CUSTOMER OR ANY THIRD PARTY AS A RESULT OF ANY INFORMATION OR RECOMMENDATION PROVIDED TO THE CUSTOMER OR THE CUSTOMER'S RELIANCE ON SUCH INFORMATION OR RECOMMENDATION.

General Disclaimer of Warranties; Limitation of Liability

Forced Ignition 1 year Limited Warranty

Forced Ignition, Inc (“Forced Ignition”) warrants this vehicle-disabling device, The Phenomenon (“Product”) is free from defects in material and workmanship that result in product failure during normal usage, according to the following terms and conditions:
1. The limited warranty for this product extends for ONE (1) year beginning on the date of the purchase of the Product. This one-year period is extended by each whole day that the Product is out of your possession for repair under this warranty.

2. The limited warranty extends only to the original purchaser (“Consumer”) of the Product and is not assignable or transferable to any subsequent purchaser/end-user.

3. The limited warranty extends only to Consumers who purchase the Product in the United States of America.

4. During the limited warranty period, Forced Ignition will repair, or replace, at Forced Ignition’s sole option, any defective parts, or any parts that will not properly operate for their intended use with new or refurbished replacement items if such repair or replacement is needed because of product malfunction or failure during normal usage. No charge will be made to the Consumer for any such parts. Forced Ignition will also pay for the labor charges incurred by Forced Ignition in repairing or replacing the defective parts. The limited warranty does not cover defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts. Forced Ignition’s limit of liability under the limited warranty shall be the actual cash value of the Product at the time the Consumer returns the Product for repair, determined by the price paid by the Consumer for the Product less any reasonable amount for usage. Forced Ignition shall not be liable for any other losses or damages. These remedies are the Consumer’s exclusive remedies for breach of warranty.

5. Upon request from Forced Ignition, the Consumer must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt.

6. The Consumer shall bear the cost of shipping the product to Forced Ignition in Jackson, Mississippi. Forced Ignition shall bear the cost of shipping the Product back to the Consumer after the completion of service under this limited warranty.

7. The Consumer shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable:

a) The Product has been subjected to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of Forced Ignition, including damage caused by shipping.

b) The Product has been damaged from external causes such as collision with an object, or from fire, flooding, sand, dirt, windstorm, lightening, earthquake or damage from exposure to weather conditions, an Act of God, or battery leakage, theft, blown fuse, or improper use or any electrical source, damage caused by computer or internet viruses, bugs, worms, Trojan Horses, cancel bots or damage caused by the connection to other products not recommended for interconnection by Forced Ignition.

c) Forced Ignition was not advised in writing by the Consumer of the alleged defect or malfunction of the Product within fourteen (14) days after the expiration of the applicable limited warranty period.

d) The Product serial number plate or the accessory data code has been removed, defaced or altered.

e) The defect or damage was caused by the defective function of the cellular system or by inadequate signal reception by the external antenna, or viruses or other software problems introduced by the Product.

8. If a problem develops during the limited warranty period, the Consumer shall take the following step-by-step procedure.

a) The Consumer shall return the Product to the place of purchase for repair or replacement processing.

b) If “a” is not convenient because of distance (more than 50 miles) or for other good cause, the Consumer shall ship the Product prepaid and insured to: Forced Ignition, Inc, Attn: Repair Department, Post Office Box 6318, Pearl, MS 39288.

c) The Consumer shall include a return address, daytime phone number and/or phone number, complete description of the problem, proof of purchase and service agreement (if applicable).

d) The Consumer will be billed for any parts or labor charges not covered by this limited warranty. The Consumer will be responsible for any expenses related to reinstallation of the Product.

e) Forced Ignition will repair the Product under the limited warranty within 30 days after receipt of the Product. If Forced Ignition cannot perform repairs covered under this limited warranty within 30 days, or after a reasonable number of attempts to repair the same defect, Forced Ignition at its option, will provide a replacement Product. In some states the Consumer may have the right to a loaner if the repair of the Product takes more than ten (10) days. Please contact the Customer Service Center at Forced Ignition at the telephone number listed at the end of this warranty if you need a loaner or the repair of a Product has taken or is estimated to take more than ten (10) days.

f) If the Product is returned during the limited warranty period, but the problem with the Product is not covered under the terms and conditions of this limited warranty, the Consumer will be notified and given an estimate of the charges the Consumer must pay to have the Product repaired, with all shipping charges billed to the Consumer. If the estimate is refused, the Product will be returned freight collect. If the Product is returned after the expiration of the limited warranty period, Forced Ignition’s normal service polices shall apply and the Consumer will be responsible for all shipping charges.

9. YOU (THE CONSUMER) UNDERSTAND THAT THE PRODUCT MAY CONSIST OF REFURBISHED EQUIPMENT THAT CONTAINS USED COMPONENTS, SOME OF WHICH HAVE BEEN REPROCESSED. The used components comply with Product performance and reliability specifications.

10. ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE, SHALL BE LIMITED TO THE DURATION OF THE FOREGOING LIMITED WRITTEN WARRANTY. OTHERWISE, THE FOREGOING LIMITED WARRANTY IS THE CONSUMER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. FORCED IGNITION SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, PUNITIVE DAMAGES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND damage TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FORCED IGNITION KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. FORCED IGNITION SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED.

11. Some states do not allow limitation of how long an implied warranty lasts, so the 1-year warranty limitation may not apply to you (the Consumer). Some states do not allow the exclusion or limitation of incidental and consequential damages, so certain of the above limitations or exclusions do not apply to you (the Consumer). This limited warranty gives the Consumer specific legal rights and the Consumer may also have other rights, which vary from state to state.

12. Forced Ignition neither assumes nor authorizes any authorized service center or any other person or entity to assume for it any other obligation or liability beyond that which is expressly provided for in this limited warranty including the provider or seller of any extended warranty or service agreement.

13. This is the entire warranty between Forced Ignition and the Consumer, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms.

14. This limited warranty allocates the risk of failure of the Product between the Consumer and Forced Ignition. The allocation is recognized by the Consumer and is reflected in the purchase price.

15. Any action or lawsuit for breach of warranty must be commenced within eighteen (18) months following purchase of the Product.

FORCED IGNITION SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE. FORCED IGNITION SOLE OBLIGATION AND LIABILITY FOR PRODUCT DEFECTS SHALL BE, AT FORCED IGNITION’S OPTION, TO REPLACE SUCH DEFECTIVE PRODUCT OR REFUND TO CUSTOMER THE AMOUNT PAID BY CUSTOMER THEREFORE. IN NO EVENT SHALL FORCED IGNITION LIABILITY EXCEED THE BUYER'S PURCHASE PRICE.

The foregoing remedy shall be subject to buyer's written notification of defect and return of the defective product within ninety (90) days of purchase. The foregoing remedy does not apply to products that have been subjected to misuse (including without limitation static discharge), neglect, accident or modification, or to products that have been soldered or altered during installation.

IN NO EVENT SHALL FORCED IGNITION BE LIABLE TO THE BUYER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY FORCED IGNITION, OR THE USE OR INABILITY TO USE THE SAME, EVEN IF FORCED IGNITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Questions regarding this limited warranty may be directed to:

Forced Ignition, Inc., Attn: Warranties/Customer Service, Post Office Box 6318, Pearl, MS 39288.

Infringement DisclaimerNotwithstanding section 2-312 of any applicable version of the Uniform Commercial Code or any other similar law, or any purchase order term, other contractual provision or the like from the buyer, Forced Ignition: (i) expressly disclaims any and all warranties against third party claims for infringement or the like, and (ii) shall have no obligation of any kind to the buyer for claims brought by third parties against the buyer for infringement or the like arising out of or in any way related to product purchased by the buyer from Forced Ignition.
Prices/Quantities

Forced Ignition makes every effort to present current and accurate pricing in its catalog and on its Web site. However, prices are subject to change without notice and quantities may be limited. All orders are subject to current pricing at time of acceptance by Forced Ignition. Forced Ignition country specific Web sites offer alternative currencies. No trade in other currencies will be accepted. ShipmentValidating Orders/Shipping Procedures

All orders taken by the web call center, mail or fax is subject to call back verification and/or validation via email or mailing address. Call back verification will be conducted within 3 – 5 business days of order date. Once order is approved, programming will begin on customer product. Products will be released and shipped at that time. Shipping normally occurs within 5 – 10 days from date of order Order Limitations

We reserve the right to reject any order placed with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you by email and/or shipping address provided at the time order was made. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Forced Ignition reserves the right at any time after receipt of your order to accept or decline your order for any reason. Paying for your Order

You may pay for your orders with major credit cards issued in the United States of America. Currently, we accept Visa®, MasterCard®, American Express® and Discover® Card. Checks and money orders may be mailed directly to Forced Ignition, Inc., Attn: Ordering Department, Post Office Box 6318, Pearl, MS 39288. Mail in orders must be accompanied by order form. Damaged Items

If you receive packages that are visibly damaged, please note the damage on the carrier’s freight bill or receipt. Be sure to obtain a copy. Once received, keep the original carton, all packing materials and parts intact. Return the package within ten calendar days after receiving the damaged shipment to: Forced Ignition, Attn: Customer Service Center, Post Office Box 6318, Pearl, MS 39288.

Shipping Charges

Shipping charge is $9.95 via US Postal Service.

When a check or money order accompanies your order, Forced Ignition pays all shipping and insurance (our choice for method of shipping) to all addresses in the USA and Canada.

Handling Charge

A $4.00 handling charge applies to all orders less than $500.00. This fee will be waived on orders of $500.00 or more.
Sales Tax

Only Mississippi residents need to remit 7% sales tax. Forced Ignition does not remit sales tax to states other than Mississippi.

Payment

Forced Ignition offers a number of convenient payment methods:

For United States customers we offer check, check by phone, money order, MasterCard, VISA, American Express, Discover and PayPal.

For Canadian customers we offer all of the above payment options.

Dishonored Check Policy

If a check you give us for payment is dishonored for any reason by the bank or other institution on which it is drawn, you agree to pay us $35.00 as a service charge (if the check cannot be re-deposited) pursuant to Section 97-19-57, Mississippi Code of 1972. In addition, you agree to pay any other reasonable charges imposed by any check verification company or collection agency that we may use for collection. Out of Stock

On orders paid by check, money order or credit card, items not available for immediate shipment will be shipped as they become available. Items not available at the end of 30 days will be cancelled and refunded/credited in cases of prepayment. The number of backorder days may be extended beyond 30 days. If a refund check is issued, the cancelled item can be re-entered without a handling charge if the check and cancellation notice are returned to us.

On orders billed to Dealers, items not available for immediate shipment will be shipped and billed as they become available. Items not available at the end of 90 days will be cancelled. The number of backorder days may be extended beyond 90. Customer ServiceInternet: Customer Service Internet Contact Forms
Mail: Forced Ignition, Inc. • Attn: Customer Service • P.O. Box 6318 • Pearl, MS 39288-6318

Our friendly sales representatives are available to serve you from Monday - Friday 7:00am - 7:00pm CT (Central Time) to assist you. Please have your sales order or invoice number available. Freight Damage

If you receive packages that are visibly damaged, please note the damage on the carrier’s freight bill or receipt. Be sure to obtain a copy. Once received, keep the original carton, all packing materials and parts intact. Return the package within ten calendar days after receiving the damaged shipment to: Forced Ignition, Attn: Customer Service Center, Post Office Box 6318, Pearl, MS 39288. (See Customer Service) Return Policy

Forced Ignition accepts merchandise returns subject to the terms outlined below and will replace the product or refund your money at your option.

To facilitate processing of returned merchandise:

Please contact a Customer Service representative to obtain an RMA (Returned Merchandise Authorization) number prior to returning product. See Customer Service for contact information.

All returns should be made within 30 days of date of invoice and be accompanied by the original invoice number and a brief explanation of the reason for the return.

Return freight charge must be prepaid. Sorry, C.O.D. returns cannot be accepted.

Returned merchandise must be in original packaging and in resalable condition.

Parts returned due to customer error may by subject to a restocking charge. "Not-In Catalog Items" and parts specified as "Non-Cancelable/Non-Returnable" at time of quote or sale are not returnable.

Defective merchandise may be returned within 90 days of the original invoice date and need not be in original packaging. Privacy PolicyIt is Forced Ignition’s policy to respect and protect the privacy of our customers and the users of www.forcedignition.com (hereinafter, the "Site"). Through this Internet Privacy Statement, we want to reassure users of the Site that we will not sell, share, or rent user information to others in a manner different than as set forth in this Internet Privacy Statement. Termination of Use

Forced Ignition, Inc. may, in its sole discretion, terminate your use of the Forced Ignition web site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Forced Ignition reserves the right to change, suspend, or discontinue all or any aspects of the Forced Ignition Web site at any time without prior notice.

Permitted Use

You agree that you are only authorized to visit, view and retain of copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than is set forth herein. The content and software on this Site is the property of Forced Ignition, Inc. and is protected by U.S. and International copyright laws.

Access & Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon, to access or capture data, or for any other unauthorized purpose without our prior express written permission of Forced Ignition, Inc. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from our Web site without the prior expressed written permission of Forced Ignition, Inc.

Unauthorized Use of The Site

Illegal and/or unauthorized uses of the Site, including, but not limited to unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider, or other automated device on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress. You agree that you will comply with any security processes and procedures (such as passwords) specified by Arrow with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through the Site which are not intended for general public access, unless you have been provided with written authorization to do so by Forced Ignition, Inc.

Violation of the Terms

You understand and agree that in Forced Ignition, Inc.’s sole discretion, and without prior notice, Forced Ignition may terminate your access to the Site, cancel your order or exercise any other remedy available if Forced Ignition believes that your use is (i) inconsistent with these Terms or (ii) has violated the rights of Forced Ignition, other user or the law. You agree that monetary damages may not provide a sufficient remedy to Forced Ignition for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. Forced Ignition may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.