1.1. TERMS OF SERVICE. These Terms of Service for (these “Terms of Service”) together constitute a legal agreement between you (an individual, not an entity) and Resolution Lenses.
Resolution Lenses does not offer, sell or engage in any activities related directly to the consumer for optical products or related services. We only engage in the sale of wholesale optical products and related services to licensed eye-care professionals and wholesale laboratories. By placing an order, you agree to abide by these restrictions.
1.2. TERMS AND CONDITIONS. Acceptance by Resolution Lenses of a customer’s order shall not constitute an acceptance of any printed provisions on any order or other form supplied by any customer, which are different from or additional to the terms herein unless specifically accepted in writing by an authorized officer of Resolution Lenses. Different or additional terms on any order or other form supplied by customer are hereby expressly rejected and are void. These terms may not be modified, waived, superseded, or rescinded except in writing and signed by an authorized officer of Resolution Lenses.
The terms and conditions appearing in any quotation, acknowledgement of order, order of confirmation, invoice or other similar document provided by Resolution Lenses relating to the sale of goods or services of any Resolution Lenses products to any customer, as supplemented by the terms and conditions appearing herein (collectively, this “Agreement”), shall constitute the complete agreement between Resolution Lenses and any customer, and shall supersede any prior or contemporaneous agreements or communications between Resolution Lenses and any customer, whether oral or written.
All catalogs, specifications, and other material furnished to customer by Resolution Lenses are subject to modification by Resolution Lenses and are not binding unless so stated in writing by Resolution Lenses. Resolution Lenses reserves the right to correct clerical and typographical errors at any time.
These specific Lens Terms and Conditions apply only to lenses that are sold and delivered by Resolution Lenses. In the event that a conflict exists between the Terms and Conditions and the General Terms and Conditions, the General Terms and Conditions shall prevail.
1.3. Prices listed are per pair for Stock Lenses (finished and semi-finished) unless otherwise noted. Orders may be assorted as to style, color, or material. Price lists are subject to change without notice and orders accepted are subject to prevailing price, terms and conditions at the time of shipment. Customer shall pay the cost of any special packaging requested by customer. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. ALL SALES ARE FINAL, NO CHARGE BACKS WILL BE ACCEPTED. ALL CREDITS WILL BE ONLY ISSUED TO YOUR Resolution Lenses ACCOUNT. Stock lens returns must be in undamaged saleable condition and may be subject to a 15 % restocking fee
DELIVERY OF PRODUCT
2.1. DELIVERY DATES. Any delivery dates indicated herein or otherwise furnished by Resolution Lenses to a customer are estimates only. They do not bind Resolution Lenses to ship or deliver the products on the dates indicated unless specifically stated in writing to be binding. Resolution Lenses reserves the right to make partial shipments and to submit separate invoices to customer for each such partial shipment. Delivery dates are subject to change for any reason which interferes with Resolution Lenses ability to supply or transport the products whether or not caused or contributed to by Resolution Lenses negligence or fault including, but not limited to, any event of force majeure.
2.2. Stock lens (finished and semi-finished) backorder shipments will be shipped via agreed shipping method and customer pays the delivery charge. Backorders will be cancelled after 30 days. Customer shall pay the cost of any packaging rendered necessary by any means other than Resolution lenses normal means of delivery. Shipments of less than two pair incur a three-dollar charge unless shipping third party.
ORDER CHANGES, RETURNS AND CANCELLATION
3.1. DEFINITIONS. Lenses are semi-finished or finished lenses to a specific sphere / cylinder OR base / add.
3.2. CANCELLATIONS. Any changes to lens orders after the order has been postmarked for shipment is subject to a 20% cancellation fee.
3.3. RETURNS. Resolution Lenses is not responsible for returned product lost in shipment. Customer pays freight for all returns, except products returned as a result of Resolution Lenses data entry, production or shipping error. If the customer has a three percent discount then they give up the right to return products.
3.4. SHORTAGES, DAMAGED GOODS IN TRANSIT. Shipment claims (including without limitation shortage in quantity delivered, damage to, or loss of the goods in transit) by customer must be made within three (3) business days after receipt of shipment and Resolution Lenses shall have a reasonable opportunity to investigate any claim by customer. The shipment shall be presumed to be proper and conforming in all respects unless claims are made within the three (3) business day period. Resolution Lenses shall incur no liability for damage, shortages, or any other cause alleged to have occurred or existed at or prior to delivery to the carrier unless full details are entered on customer’s receipt to the carrier.
4.1. ALL PRODUCTS. Resolution Lenses warrants that all products sold to customers shall perform in accordance with Resolution Lenses published specifications for such products and shall be free from defects in workmanship and materials under normal use. The liability to Resolution Lenses hereunder and customer’s exclusive remedy, is expressly limited to repair or replacement of nonconforming products or the refund of the purchase price paid by customer, as the case may be. THIS WARRANTY SHALL BE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR PURPOSE. IN NO EVENT WILL Resolution Lenses BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY LOSS OR DAMAGES.
4.2. LENSES. All Resolution Lenses are guaranteed to conform to established and recognized lens standards and to be free from defects in materials and workmanship. Credit requests must be received within 30 days from the invoice date. Resolution Lenses reserves the right under the defective or warranty return policies to monitor claims. If claims significantly exceed established norms it may be necessary to modify these policies as appropriate to the situation. Resolution Lenses is not responsible for edging or handling errors made by their customers.
A customer service representative must authorize all returns and a return authorization number will be issued.
Resolution Lenses reserves the right to verify scratches due to normal usage or to determine product abuse.
4.3. IMPACT RESISTANCE. Resolution Lenses have been manufactured in compliance with FDA Impact-Resistance Regulation 21 CFR801.410. Modification of the lenses, except for normal edging, will require impact testing to assure compliance with the above regulation. Note: Impact resistant lenses are not shatterproof or unbreakable.
4.4. EXCLUSIONS. Product spoilage or breakage by the laboratory, optician, or consumer (patient) is specifically excluded from any credit return authorization. No credit will be issued for charges such as drilling, edging, tinting or edge polish. Resolution lenses’ liability is limited to the invoice amount of the lenses only. Resolution Lenses Warranties are non-transferable and Resolution Lenses reserves the right to modify the Warranties at any time. These specific Lens Terms and Conditions apply only to lenses that are sold and delivered by Resolution Lenses. Lenses sold by Resolution Lenses must be returned along with the original invoice for warranty consideration. If the customer is getting a three percent discount they are excluded from returning lenses.
4.5 SCRATCH RESISTANT HARD COATING and AR COATING.
All semi-finished lenses should be inspected prior to surfacing. 1.74 semi finished (SR and uncoated) & Polartec 1.67 lenses will be accepted back for credit only in their original uncut form. Any modifications to these lenses such as surfacing or the application of a scratch coating will negate the warranty.
Semi-finished product will be warranted for the front surface only. Scratches incurred during processing and re-application of the backside scratch coating are not warranted. Back side of the lens must be free from defects for lens to be eligible for credit
When credit has been established, payment is due 15 days from the date of the statement. Interest of 1½% per month (18% Per Annum) on overdue accounts will be applied. Accounts past due may be subject to cancellation of sales volume agreements, or cancellation of distributorship. Customers exceeding their credit limit will be placed on credit hold. Customers with checks returned to Resolution Lenses due to insufficient account funds will be assessed a $100 processing fee. Accounts with credit cards on file will be billed automatically after 60 days past due.
Prices are FOB point of shipment and are subject to change without notice. In the event of a price change, all shipments will be invoiced at the price in effect when the order was placed. Prices are not subject to oral changes or other agreements unless approved in writing by an authorized officer of Resolution Lenses. Prices listed are per pair for lenses unless otherwise noted. Orders may be assorted as to style, color, or material. Price lists are subject to change without notice and orders accepted are subject to prevailing price, terms and conditions at the time of shipment. Pricing is based upon attaining monthly commitment of purchases and current payment. Customer shall pay the cost of any special packaging requested by customer. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. ALL SALES ARE FINAL, NO CHARGE BACKS WILL BE ACCEPTED. ALL CREDITS WILL BE ISSUED TO YOUR RESOLUTION LENSES ACCOUNT.
Prices do not include sales, use, property, stamp, recording or other special taxes, levies or duties imposed by a governmental authority either directly or indirectly on the sale, transfer, installation or servicing of the products sold hereunder. Any such taxes or assessments of whatever nature shall be the customer’s responsibility and will be promptly paid by customer or, if imposed on Resolution Lenses, shall be reimbursed promptly by the customer.
Notwithstanding the place where this Agreement may be executed or performed, this Agreement shall be deemed to be made under the laws of the State of Texas, and the construction, validity and performance of this Agreement shall be governed in all respects by the laws of the State of Texas, including without limitation its Uniform Commercial Code, and the laws of the United States of America, without regard to any principles of conflict of laws and specifically excluding the terms of the Convention on the International Sale of Goods. Any controversy or claim arising out of or relating to this Agreement, as well as any other dispute between the parties, shall be exclusively brought in a state or federal court sitting in Tarrant County, Texas, USA. Any action for breach of contract or breach of warranty must be commenced within fifteen (15) Months following date of invoice.
Failure by Resolution Lenses to enforce any of these rights under these terms shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of them at any time later.