Every Chlogӓn Eyewear Inc. frame is WARRANTIED against defects in materials and/or workmanship for one year. Defective parts or frames will be repaired or replaced at no charge as long as the frame fails to perform satisfactorily while in normal use. This warranty does not cover consequential damage.
RETURN OF MERCHANDISE
Chlogӓn Eyewear Inc. frames purchased via an Rx order may be returned for full credit while frame is current with an original invoice.
Sales Representative Order:
Chlogӓn Eyewear Inc. frames purchased via a sales representative can only be credited or exchanged by the sales representative responsible for the initial order.
Regularly priced frames may be exchanged for other frames within the same brand, providing they are current, active “in-line” styles and authorized by the sales representative responsible for the initial sale.
- All frames (credit or exchange) must arrive at Chlogӓn Eyewear Inc. free of personal markings and in resalable condition. Proof of purchase such as invoice or invoice number must accompany all returns.
- All returns (credit or exchange) are the responsibility of the customer and should be sent to 270M Duffy Avenue, Hicksville, NY 11801 with the return authorization form.
- Special value frames purchased at reduced prices are final sale merchandise and are not refundable for exchange or credit.
TERMS AND CONDITIONS OF SALE
- CHLOGAN EYEWEAR INC. REQUIRES A MINIMUM OPENING ORDER TO ESTABLISH AN ACCOUNT
- ALL PRICES ARE BASED ON OUR CURRENT PRICE LIST, AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. CHLOGAN EYEWEAR INC. RESERVES THE RIGHT TO ACCEPT OR REJECT THIS ORDER IN ITS SOLE AND ABSOLUTE DISCRETION.
- Applicability of Terms and Conditions: This order if accepted is subject to the following terms and conditions, which may not be modified except in writing and by an authorized officer of Chlogӓn Eyewear Inc. (hereinafter “Seller”). Any additional or different terms in Buyers order or confirmation will not be binding on Seller. Buyer acknowledges that Seller has not authorized any of its sales agents or representatives, warranties, or agreements on its behalf to bind Seller in any way.
- Price Exclusions: Prices applicable to the goods covered by this order (hereinafter “Goods”) do not include the following, all of which shall be for the account of the Buyer, all sales, excise and similar taxes which Seller may be required to pay or collect under any federal, state, or local law upon, or with respects to, the manufacture, purchase, sales, transportation, delivery, storage, use, or handling of any Goods. If any taxes, however they may be designated are hereafter imposed or increased by governmental agency on, or measured in terms of, the manufacture, purchase sale, holding for sale, transportation, delivery, use, or handling of Goods, for the payment or collection of which Seller is responsible, such taxes will, to the extent permitted by law, be billed to Buyer separately on Seller’s invoice.
- Transportation, etc.: Seller shall not be responsible for freight, transportation, insurance, shipping, storage, handling, demurrage, or similar charges. Such charges shall be for the account of Buyer and are listed separately on Seller’s invoice.
- Payment Terms: All prices are based on delivery terms specified in Article 5 hereof and unless otherwise stated in Seller’s invoice, are payable in full within 10 days after the end of the month immediately following the date of invoice (Net 10 EOM). Interest will be charged to Buyer on all past due accounts at the rate of 1.5% per month but not in excess of the maximum rate permitted by law.
- Delivery Terms: All deliveries will be FOB Seller’s warehouse. Seller reserves the right to select the carrier and routing. If delivery is delayed by the Buyer or by reason of contingency referred to in Article 6 hereof, the storage of the Goods for the account of Buyer. Unless otherwise stated, Seller shall have the right to make delivery in installments. All installments shall be separately invoiced and paid as billed without regard to subsequent deliveries, failure to pay for any installment when due shall excuse the Seller from making further deliveries unless Seller receives satisfactory assurances of payment.
- Warranties: Unless otherwise stated, Seller warranties all Goods against defects in materials and/or workmanship. All claims for defective Goods must be made in writing to Seller. Seller shall have the right to its sole discretion to either repair or replace any defective Goods or to refund the portion of the purchase price applicable thereto. No Goods shall be returned to Seller without Seller’s prior written consent. The foregoing shall be the sole remedy of Buyer for breach of warranty. THIS PARAGRAPH SETS FORTH THE ONLY WARRANTY APPLICABLE TO THE GOODS SOLD HEREUNDER. ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED, SELLER SHALL IN NO EVENT BE LIABLE FOR LOST PROFITS, INJURY TO GOODWILL OR ANY OTHER SPECIAL CONSEQUENTIAL DAMAGES
- Withdrawal of Credit: If by terms of sale, credit is extended to Buyer, Seller reserves the right to revoke such credit if Buyer fails to pay for any Goods previously delivered or if in the judgment of Seller there has been a material adverse change in Buyer’s financial condition and thereupon Seller shall have the right to demand payment or other assurance with it deems adequate before shipment of any further Goods.
- Retained Security Interests: Seller shall retain a security in all Goods and in all proceeds of sale or other disposition of Goods until payment of the purchase price in full. Buyer agrees to execute and deliver any Uniform Commercial Code financing statements or other instruments and perform all acts which may be necessary for the perfection of Seller’s security interest hereunder. If Buyer shall (a) defaults in any obligations on its part to be performed under the Agreement, or (b) become insolvent, be declared bankrupt, make an assignment for the benefit of creditors, or be liquidated or dissolved, then Seller may excuse its rights under the Uniform Commercial Code for the State of New York, including the right to purchase the Goods at any public or private sale; and in addition, Seller shall be entitled to take possession of the Goods. All expenses incurred by the Seller retaking, holding, preparing for sale, or selling the Goods, including reasonable attorney’s fees, shall be borne by Buyer. Chlogӓn Eyewear Inc. reserves the right to charge restocking fee not to exceed 25%.
- Modifications: This contract may not be modified or terminated orally. No claimed modification, termination, or waiver of any of its provisions shall be valid unless in writing and signed by an authorized officer of Seller.
- Applicable Law: This contract shall be governed by and construed according to the laws of the State of New York.
- Internet Terms and Conditions: Buyer understands and agrees that all merchandise purchased from Seller is exclusively for in-office or in-store resale to Customer’s patients or retail customers and not for distribution at wholesale or for resale by means of the Internet or in any other manner.
- THE BUYER IS ADVISED THAT ALL MERCHANDISE TRADEMARKS ARE EITHER OWNED BY THE SELLER OR USED BY THE SELLER WITH PERMISSION UNDER TRADEMARK LICENSES. BUYER UNDERSTANDS AND AGREES THAT ANY SUCH TRADEMARKS AND ANY MATERIALS OR MEDIA IN WHICH TRADEMARKS APPEAR (INCLUDING BUT NOT LIMITED TO CATALOGS, PROMOTIONAL MATERIALS, AND SELLER’S INTERNET WEB SITE/SOCIAL MEDIA) MAY NOT BE REPRODUCED, DISSEMINATED, PUBLISHED OR TRANSFERRED IN ANY FORM OR BY ANY MEANS EXCEPT WITH THE PRIOR WRITTEN PERMISSION OF SELLER. SELLER RESERVES THE RIGHT TO TERMINATE ANY BUYER OR CUSTOMER THAT FAILS TO COMPLY WITH THESE CONDITIONS.