PFO Global (PFO),
Ophthalmic Lenses and Frames
Terms and Conditions

EFFECTIVE March 1, 2013

1. GENERAL

1.1. 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 “Software”), the www.pfoglobal.com ,, 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 info@pfoglobal.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 or source.

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 of PFO.

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.

1.3. 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 restocking fee.

2. DELIVERY OF PRODUCT

2.1. 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 force majeure.

2.2. 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

3.1. DEFINTIONS.  RX orders are orders of finished custom lenses to a specific patient Rx.

3.2. 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.

3.3. 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.

4. WARRANTY

4.1. 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 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. 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.

4.5. 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.

4.6  NON-ADAPTS.

RX LENS 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.

STOCK LENS 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 patient non-adapt.

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 , PD , 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.

RX LENS 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 lenses.

STOCK LENS 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.

8. WAIVER

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.