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Terms and Conditions

These Terms and Conditions constitute an agreement between You and Latham & Phillips Ophthalmic, (“LPO”).  By purchasing our products and/or services, You acknowledge and agree that You have read and agree to be bound by these Terms and Conditions.

 

1. Disclaimer of representations and warranties.
All new products sold pursuant to this agreement are subject to a manufacturer warranty.  LPO hereby assigns the applicable manufacturer warranty(s), without recourse, to You.  You are required to fulfill any and all obligations necessary to keep the manufacturer warranty in effect including, but not limited to, the satisfaction of any preventative maintenance requirements.  LPO will provide You with the applicable manufacturer warranty(s) at the time of delivery of the products.   LPO disclaims any further liability and all implied warranties including, without limitation, the implied warranties of MERCHANTABILITY and fitness for a particular purpose, and all express warranties other than those explicitly made in these Terms and Conditions.

 

2. Limitation of liabilities

You agree that, except as otherwise provided under applicable laws, neither LPO nor its affiliates, directors, officers, employees, agents, contractors, successors, or assigns shall be liable for any damages arising out of or related to the use of this product or service except as provided herein.  This waiver of liability applies to   all damages, including any punitive damages, lost profits, or business interruption, even if LPO is notified in advance.  You expressly agree that any liability, claims, causes, or choses in action asserted by You against LPO shall be solely limited to the lesser amount of the following:    (i) One hundred percent (100%) of the total amount that was actually paid to and received by LPO pursuant to this agreement, or (ii) $3,000.00.

 

YOU AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF THE USE OF THIS PRODUCT, SERVICE, OR THESE TERMS AND CONDITIONS MAY BE BROUGHT MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

 

3. Jurisdiction

You expressly agree that the laws of the State of Arizona will govern these Terms and Conditions and all other disclaimers, terms, and conditions.   In the event of a dispute, You further agree that any legal action shall be governed by Ohio law, and venue shall be in an appropriate court in Franklin County, Ohio.  You further agree that, in the event of any such legal action arising out of this agreement, the prevailing party shall be entitled to an award of their attorneys’ fees and costs incurred in such action.

 

4. Indemnification

You agree to defend, indemnify, and hold LPO harmless for any loss, damages, or costs, including attorneys’ fees, resulting from any third party claim resulting from your use of LPO’s products or breach of these Terms and Conditions.

 

5. General

These Terms and Conditions and the other policies contained on this invoice represent the entire agreement between You and LPO.  LPO reserves the right to change these Terms and Conditions and all other policies at any time.  Nothing contained herein shall be construed as creating any agency, partnership, or joint enterprise between You and LPO.  In the event that any provision of these Terms and Conditions is deemed invalid or unenforceable, the remainder of these Terms and Conditions shall remain in full force and effect.