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.

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.

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.

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.

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.

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.


Shipping Policy

Thank you for visiting and shopping at Lpoproducts.com. Following are the terms and conditions that constitute our Shipping Policy.

Domestic Shipping Policy

Shipment processing time

All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays.

If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.

Shipping rates & delivery estimates

Shipping charges for your order will be calculated and displayed at checkout.

Shipment method

Estimated delivery time

UPS Ground

3-5 business days

UPS 3 Day Select

2 business days

UPS Next Day Air

Next business day before Noon

UPS Next Day Air Saver

Next business day by 4:30PM

UPS Next Day Air Early AM

Next business day before 9:30AM

* Overnight delivery is only available for orders with delivery addresses within the continental United States.

Delivery delays can occasionally occur.

Shipment to P.O. boxes or APO/FPO addresses

Lpoproducts.com ships to addresses within the U.S., U.S. Territories, and APO/FPO/DPO addresses.

Shipment confirmation & Order tracking

You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours.

Customs, Duties and Taxes

Lpoproducts.com is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).

Damages

Lpoproducts.com is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim.

Please save all packaging materials and damaged goods before filing a claim.

International Shipping Policy

We currently do not ship outside the U.S.


Returns Policy

If you are not entirely satisfied with your purchase, we’re here to help.

Returns

You have 30 calendar days to return an item from the date you received it.

To be eligible for a return, your item must be unused and in the same condition that you received it.

Your item must be in the original packaging.

Your item needs to have the receipt or proof of purchase.

Refunds

Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item.

If your return is approved, we will initiate a refund to your credit card (or original method of payment).

You will receive the credit within a certain amount of days, depending on your card issuer’s policies.

Restocking fee

All items returned that have been opened are subject to a 15% restocking fee at our discretion.

Shipping

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable. If you receive a refund, the cost of return shipping will be deducted from your refund.