The Sunglass Fix Sunglass Lens Replacement Purchase Agreeement

Terms and Conditions of Sale for Web based Purchase

THESE TERMS AND CONDITIONS ARE TO BE READ TOGETHER WITH THE APPLICABLE QUOTE OR INVOICE (the “Invoice”) AND THE TERMS OF ANY SERVICE SELECTED BY CUSTOMER. The following terms and conditions govern the sale by THE SUNGLASS FIX PTY., LTD. (“The Sunglass Fix Pty., Ltd.”) to Customer of the products and services (the “Products”). By accepting delivery of the Products described on the Invoice, Customer agrees to be bound by and accepts these terms and conditions.

Lenses Not Fitting

From time to time there can be frame model changes, authentencity issues, and other unknown factors that can prevent our lenses from fitting properly. If you do not have a perfect fit, similar to the factory issues lenses, where the entire circumference of the lenses is tighly fitted in the frame and the lens can not be pushed through the from the lenses SHOULD NOT BE USED. Contact The Sunglass Fix immediately so we can resolve the issue for you and ensure your sunglasses are working like new.

a. Frames Not Supported

We do not support single lenses that cover both eyes. These are commonly referred to as goggle lenses, masks lenses, or single lenses. We hope to produce them in the future but at present time we only support frames that have two lenses.

1. Amendments

Customer may not alter, supplement or amend these terms and conditions under any circumstances. Any attempt by Customer to so alter, supplement or amend these terms and conditions, or to enter into an order for Products that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and The Sunglass Fix Pty., Ltd.. The Sunglass Fix Pty., Ltd. may alter or make amendments to these terms and conditions as they relate to future sales or deliveries at any time without prior notice.

1/12/2010 - The Sunglass Fix may take a photo of your sunglasses and use it on its website. If this is something you do not want us to do please let us know.

1/17/2012 - The Sunglass Fix has the right to refuse service to any customer.

2. Governing Law

This document shall be governed by and construed in accordance with the laws of [jurisdiction] and the parties hereby agree to the non exclusive jurisdiction of the courts of [jurisdiction].

3. Payment Terms; Orders; Quotes; Interest

Credit terms are within The Sunglass Fix Pty., Ltd.’s sole discretion, and unless otherwise specified in The Sunglass Fix Pty., Ltd.’s invoice, payment must be received by The Sunglass Fix Pty., Ltd. prior to The Sunglass Fix Pty., Ltd.’s acceptance of an order. Payment for the Products will be made by credit card, direct deposit or personal check. If credit terms have been agreed to by The Sunglass Fix Pty., Ltd., invoices are due and payable as stated on the invoice. The Sunglass Fix Pty., Ltd. may invoice parts of an order separately. Orders are not binding upon The Sunglass Fix Pty., Ltd. until accepted by The Sunglass Fix Pty., Ltd.. All Quotes given by The Sunglass Fix Pty., Ltd. will only be valid for the period stated on the Quote. Customer agrees to pay interest on all amounts past due at a rate of 2% per month (24% per year).

4. Shipping Charges and Taxes

Separate charges for shipping and handling will be shown on The Sunglass Fix Pty., Ltd.’s invoice(s). Unless Customer provides The Sunglass Fix Pty., Ltd. with a valid and correct tax exemption certificate applicable to the Products shipped to Customer’s location prior to The Sunglass Fix Pty., Ltd.’s acceptance of the order, the Customer is responsible for goods and services tax, sales and all other taxes associated with the order, however designated, except taxes on The Sunglass Fix Pty., Ltd.’s net income. If applicable, a separate charge for taxes will be shown on The Sunglass Fix Pty., Ltd.’s invoice.The Sunglass Fix Pty., Ltd.’s does everthing possible to ensure accurate delivery of items by doing the followign:

Using computer generated mailing labels derived from user input during checkout
Ensuring the mailing label contains exactly the same text as what is presented to the customer on their electronic receipt
Printing, not handwriting, clear address labels from computer generated records that directly match what customer inputted during check out
Tracking information for domestic shipment of sunglasses and electronic notification that the shipment was made.

This stated, there is always a risk that items are damaged, delivered to a different address than what is on the label, or left at a door and stolen. These other situations are inherent risk of doing business and The Sunglass Fix will not take responsibility for items lost or damaged. It is up to the customer to seek insurance claims directly from the carrier responsible. The Sunglass Fix is happy to assist in any manner possible.

5. Title

Title to Products passes from The Sunglass Fix Pty., Ltd. to Customer at the time the Products leave The Sunglass Fix Pty., Ltd.’s [location] warehouse except that title to software shall remain with the applicable licensor(s). All software is subject to the applicable license agreement accompanying the Products. Customer agrees that it will be bound by each such licence agreement once its package is opened or its seal is broken. The Sunglass Fix Pty., Ltd. will take responsibility for any loss or damage to the Products which occurs during shipping. Shipping dates are estimates only. The Sunglass Fix Pty., Ltd. is not liable for delays in shipment or failure to ship by the estimated ship date.

6. Warranties and Disclaimers

THE SUNGLASS FIX PTY., LTD IS NOT RESPONSIBLE FOR DAMAGE TO SUNGLASSES IT IS SERVICING. THE COMPANY HAS NO CONTROL OVER THE CONDITION OF THE SUNGLASSES IT RECEIVES FOR SERVICING AND CANNOT PREVENT WEAKENED FRAMES FROM BREAKING.

THE LIMITED WARRANTIES, APPLICABLE TO THE SUNGLASS FIX PTY., LTD. BRANDED PRODUCTS ONLY, ARE INCLUDED IN THE APPLICABLE WARRANTY STATEMENT IN THE DOCUMENTATION ACCOMPANYING THE PRODUCTS. THE SUNGLASS FIX PTY., LTD. MAKES NO EXPRESS WARRANTIES OR CONDITIONS EXCEPT THOSE IN THE SUNGLASS FIX PTY., LTD.’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTY WILL BE EFFECTIVE, AND THE SUNGLASS FIX PTY., LTD. WILL BE OBLIGATED TO HONOUR ANY SUCH WARRANTY ONLY UPON THE SUNGLASS FIX PTY., LTD.‘S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.

THE SUNGLASS FIX PTY., LTD. DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THE SUNGLASS FIX PTY., LTD.’S RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THE SUNGLASS FIX PTY., LTD.’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE.

WITHOUT LIMITING THE GENERALITY OF THE ABOVE DISCLAIMERS, THE SUNGLASS FIX PTY., LTD. DOES NOT WARRANT ANY SOFTWARE PRODUCTS UNDER THESE TERMS AND CONDITIONS. ANY APPLICABLE WARRANTIES FOR SOFTWARE ARE CONTAINED IN THE APPLICABLE LICENCE AGREEMENT WHICH ACCOMPANIES THE PRODUCTS.

THE SUNGLASS FIX PTY., LTD. RESERVES THE RIGHT TO CHANGE ITS WARRANTIES AT ANY TIME, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, WITH RESPECT TO FUTURE SALES AND DELIVERIES.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS IN CONSUMER TRANSACTIONS. THEREFORE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

7. Return Policies

The Sunglass Fix Pty., Ltd.’s Customer Return Policy provides that end user Customers who buy Products directly from The Sunglass Fix Pty., Ltd. may return them to The Sunglass Fix Pty., Ltd. up to 365 days after the date of the Invoice for such Products for a refund of the Product purchase price if the same has already been paid by Customer. This refund does not include any shipping and handling charges. Returned Products must be in an “as new” condition, and all of the documentation, diskettes, CDs, power cables and any other items included with the Products must be returned.

8. Exchanges

From time to time, The Sunglass Fix Pty., Ltd. may, in its sole discretion, exchange Products or portions of a Product. Any exchanges will be made in accordance with The Sunglass Fix Pty., Ltd.’s exchange policies in effect on the date of the exchange.

9. Products

The Sunglass Fix Pty., Ltd.’s policy is one of ongoing Product update and revision. The Sunglass Fix Pty., Ltd. may revise and discontinue Products at any time without prior notice. The Sunglass Fix Pty., Ltd. shall use its reasonable efforts to ensure that the catalog of Products on its website is up-to-date, but The Sunglass Fix Pty., Ltd. makes no guarantee that all Products listed in The Sunglass Fix Pty., Ltd.’s online catalog will be available at all times or at any time.

10. Limitation of Liability

THE SUNGLASS FIX PTY., LTD. DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN OR IN THE APPLICABLE WARRANTY STATEMENT OR SERVICE OFFERING INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. THE SUNGLASS FIX PTY., LTD. SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER LOSS OR DAMAGE RELATING IN ANY WAY TO PRODUCTS OR SERVICES, WHETHER DIRECT OR CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM.

11. Service and Support

Service and support offerings may vary from Product to Product. The Sunglass Fix Pty., Ltd. has no obligation to provide service or support for any Product until The Sunglass Fix Pty., Ltd. has received full payment for such Product or service/ support contract for which service or support is requested. The Sunglass Fix Pty., Ltd. shall be under no obligation to supply support or repair services that are required because of improper or inadequate installation, use or maintenance, actions or modifications by unauthorized third parties or Customer, or accidental or willful damage or misuse. Services are provided in accordance with the provisions contained in the available Service Offering selected by Customer, as shown on the applicable The Sunglass Fix Pty., Ltd. Quote or invoice.

12. Applicable Law and Not For Resale

Customer agrees to comply with all applicable laws and regulations of [jurisdiction] and its states/provinces. Customer agrees and represents that it is buying for its own internal use only, and not for resale. The Sunglass Fix Pty., Ltd. has separate terms and conditions governing purchases by resellers.

13. Export Control

Any and all products available for purchase or licence on this web site are subject to the export control laws and regulations of [jurisdiction] in effect from time to time. In purchasing any of the Products, Customer agrees not to dispose through export, re export, trans shipment or otherwise, of any Product purchased or licensed from or through The Sunglass Fix Pty., Ltd., except in accordance with such export control laws and regulations.

14. Entire Agreement

The terms and conditions contained herein and any document incorporated by reference or referred to herein constitute the entire agreement between Customer and The Sunglass Fix Pty., Ltd. pertaining to the subject matter hereof, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings and negotiations, whether written or oral, between the parties. In the event of a conflict between these terms and conditions of sale and any of the documents incorporated by reference or referred to herein, these terms and conditions of sale shall govern.

15. Severability

The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable.

16. Headings

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

17. Force Majeure

The Sunglass Fix Pty., Ltd. shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.