PFO Global (PFO),
Ophthalmic Lenses and Frames
Terms and Conditions
EFFECTIVE March 1, 2013
TERMS OF SERVICE. These Terms of Service for pfoglobal.com and
pfoglobal.com/resolution (these “Terms of Service”) together constitute a legal
agreement between you (an individual, not an entity) and Pro Fit Optix, Inc dba
PFO Global a Wyoming corporation (“PFO”) with respect to PFO software (together
with all prior and subsequent versions, and all patches and updates thereto, the
www.pfoglobal.com/resolution and www.SmartEyewear.com
Web sites, and all subpages under the Web sites (collectively, “PFO
Online”) or through the Software. These Terms of Service apply whether or
not you purchase any product from PFO. By clicking on the “Accept” button,
by placing an order or otherwise using or accepting the Software and/or Site,
you agree to be bound by these Terms of Service. If you do not agree to
these terms of service, do not click on the "Accept" button and do not use the
Software, Site or Services. You agree that your use of the Software, Site and/or
Services acknowledges that you have read these Terms of Service, understand
them, and agree to be bound by these Terms of Service.
By using the service you are telling us either that you are over age 18
and legally able to form contracts, or that an adult with authority to act on
your behalf has agreed to these terms and to be responsible for ensuring your
compliance with them in your use of the service and any results you obtain from
it. If you don't want to be bound by these terms, do not use the service or its
results. If our monitoring systems detect an attempt to access the service
in a forbidden way, to execute systematic patterns of queries, to index the
website, or to do anything else that we feel jeopardizes the integrity of our
system or access to it by other users, we may terminate or suspend access to the
service for specific users or IP ranges. Systematic professional or
commercial use of the website, or use for which you are being specifically paid,
is only permitted for the specific purpose of purchasing the goods available on
the website. You may not use multiple queries or specially constructed
queries in an attempt to extract datasets, to reverse engineer the algorithms or
data contained in the PFO website, or to probe for vulnerabilities.
Spidering, data-mining, scraping, or probing PFO, or otherwise
attempting to abuse the service, is not only a violation of these terms but may
also constitute violation of federal and state laws concerning unauthorized
access to computer systems. You are forbidden to violate or attempt to
violate the security of the website. If you find a way to crash the website or
otherwise get it to misbehave, or you identify a vulnerability, flaw, or bug,
please let us know by e-mail at email@example.com, to report the problem. As
there will no doubt always be ways to cause trouble for the site, we ask for
your cooperation in ensuring that it remains available for use by everyone. The
material from the PFO website is intended to be used by a human being in the
form in which it is delivered. You are not allowed to systematically extract
data from the results returned by PFO and build them into a new raw data table
PFO 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 PFO 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 PFO. 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
The terms and conditions appearing in any quotation, acknowledgement of
order, order of confirmation, invoice or other similar document provided by PFO
relating to the sale of goods or services of any PFO products to any customer,
as supplemented by the terms and conditions appearing herein (collectively, this
“Agreement”), shall constitute the complete agreement between PFO and any
customer, and shall supersede any prior or contemporaneous agreements or
communications between PFO and any customer, whether oral or written.
All catalogs, specifications, and other material furnished to customer
by PFO are subject to modification by PFO and are not binding unless so stated
in writing by PFO. PFO reserves the right to correct clerical and
typographical errors at any time.
These specific Lens Terms and Conditions apply only to lenses or frames that are
sold and delivered by PFO
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.
Prices listed are per
pair for lenses RX or 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 ProFitOptix.com ACCOUNT. Stock lens
returns must be in undamaged saleable condition and may be subject to a
2. DELIVERY OF PRODUCT
DELIVERY DATES. Any delivery dates indicated herein or otherwise
furnished by PFO to a customer are estimates only. They do not bind PFO to ship
or deliver the products on the dates indicated unless specifically stated in
writing to be binding. PFO 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 cause which interferes with PFO's
ability to supply or transport the products whether or not caused or contributed
to by PFO's negligence or fault including, but not limited to, any event of
Stock lens ( finished and semi-finished) backorder shipments will be shipped via ground service
without delivery charge. Backorders will be cancelled after 30 days. Customer
shall pay the cost of any packaging rendered necessary by any means other than
PFO's normal means of delivery.
3. ORDER CHANGES, RETURNS AND CANCELLATION
DEFINTIONS. RX orders are orders of finished custom lenses to a specific
CANCELLATIONS. RX lens orders changed or cancelled after 4 hours of
receipt by PFO are subject to a 50% cancellation fee if prior to shipping. For
changes that cause a remake, the new order will also be billed at normal price.
RETURNS. PFO is not responsible for returned product lost in shipment.
Customer pays freight for all returns, except products returned as a result of
PFO data entry, production or shipping error.
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 PFO 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. PFO 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.
ALL PRODUCTS. PFO warrants that all products sold to customers shall
perform in accordance with PFO published specifications for such products and
shall be free from defects in workmanship and materials under normal use. The
liability to PFO 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
MERCHANTABILITY AND FITNESS FOR PURPOSE. IN NO EVENT WILL PFO BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY LOSS OR DAMAGES.
4.2. RX LENSES.
All PFO lenses are guaranteed to conform to established and recognized lens
standards and to be free from defects in materials and workmanship. Lenses made
incorrectly requiring a remake within 60 days of shipment will be credited upon
receipt and verification of the incorrect lenses and remake by PFO Global.
Please provide reasons for the remake. Credit requests must be received within
60 days from the invoice date. PFO 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. PFO Global is not responsible for edging or handling errors made
by their customers.
4.3. IMPACT RESISTANCE.
PFO 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
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. PFO’s liability is limited to the invoice amount of the
lenses only. PFO Warranties are non-transferable and PFO reserves the right to
modify the Warranties at any time. These specific Lens Terms and
Conditions apply only to lenses or frames that are sold and delivered by PFO.
Lenses and frames sold by PFO must be returned along with the original invoice
for warranty consideration. PFO cannot be held responsible for variations on
custom order tints not selected from our tint chart.
FRAMES. Frames sold by PFO will have a one year unconditional
Manufacturer’s warranty against defects. PATIENT’S OWN FRAMES; PFO Global will
assume no responsibility for used frames or patients own frames.
PFO will provide a 100% credit for all RX progressive lenses provided by PFO that
are returned for patient non-adaptation
within 90 calendar days of the shipping date of the original order for a fitting
or lens type change. Replacement lenses will be billed at full price and
must be for the same prescription and frame. Please note that new lenses will be
provided at no charge only once during the warranty period.
Resolution Response progressive lenses, Asahi-Lite HyperPro 1.67 and 1.74
Progressive lenses returned for
non-adapts must be returned within 30 days from date of dispensing and must be
accompanied by a copy of the original invoice.
Resolution Response Progressive and Asahi-Lite HyperPro
1.67 & 1.74 Progressive lenses and lenses are THE ONLY STOCK lenses accepted for
A customer service representative must authorize all
returns and a return authorization number will be issued.
PFO Global reserves the right to verify scratches due to
normal usage or to determine product abuse.
4.6.2 DOCTOR RX LENS CHANGES.
(Sphere, cylinder, axis, prism, or add power). RX lenses provided by PFO
may be returned and replaced by PFO for
100% credit up to 60 calendar days from the shipping date of the original order
for a Doctor change. Please note that the discount will be applied only once
during the warranty period to the lesser invoice and replacement lenses must be
for the same frame.
4.6.3 OTHER RX LENS PRECRIPTION CHANGES THAT RESULT IN NEW LENSES.
Base Curve, MF Height
Lens Material, Coating or Tint
Changes. PFO Global will provide a 50% discount applied to the lesser of the two
invoices upon receipt of the original lenses with copies of the original and
replacement invoices received within 60
calendar days from the shipping date of the original order.
4.6.4 OTHER RX LENS OFFICE REMAKE ISSUES.
Such as Ordering Transcription Errors, Frame or Frame Measurement changes, may be
eligible for a 30% discount off of the lesser invoice when returned within
30 calendar days of the replacement
invoice with the original lenses.
4.7. SCRATCH RESISTANT HARD COATING and AR COATING.
The warranty for Scratch Resistant Hard Coating for its scratch resistance under
normal use extends up to a maximum of 12 months. The warranty on Anti-Reflection
Coating for its scratch resistance and defects under normal use extends up to a
maximum of 24 months. This warranty excludes scratch resistant claims for
damage resulting from the temple portion of the frame rubbing the back surface
of the lens, or failure to follow customary cleaning and care instructions.
Non-PFO supplied coatings are not covered under the coating warranty. New lenses
will be provided at no charge once during the warranty period. The new
lenses must be exact duplicates of the original order (same Rx, frame, and other
measurements). After the replacement lenses have been processed and billed at
normal price return the original qualified lenses with copies of the original
and replacement invoices for credit.
Credit requests must be received within 60 days of shipping the replacement
Resolution lenses and Asahi-Lite HyperIndex 1.60,and HyperIndex 1.67, and are
scratch warranted for one year from date of dispensing under normal usage.1.74
Finished lenses will also be warranted for one year.
*Resolution lenses are guaranteed against cracking when
used for three piece drill mounts.
This guarantee does not extend to the Hyper Index 1.60, 1.67, & 1.74 lenses or
Polartec 1.67 lenses.
**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.
***1.60 & 1.67 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.
5. PAYMENT TERMS
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 PFO 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.
6. PRICING TERMS
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 PFO. Prices listed are per pair for lenses and per frame for frames
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 PFO Global 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 PFO, shall be reimbursed promptly by the customer.
7. GOVERNING LAW
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 PFO 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.