Terms and Conditions
Last updated: May 23, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.omegafilters.com website (the "Service") operated by Omega Optical Inc ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
The Omega Quote number must be referenced on your Purchase Order. Any alterations made to specifications or requirements, including testing and packaging, will invalidate the Quote.
Prepayment is required on all first orders. MC, VISA, AMEX, Discover, and PayPal payments are accepted. The terms are net 30 on subsequent orders after credit approval. Interest penalty will be charged on past due amounts at the rate of 1.5% per month.
There is a $30 handling charge for all Ex Works (EXW) shipments less than $1,000.
LEAD AND DELIVERY TIMES
Published lead-time is an estimate of available capacity at the time your quote was submitted. Your Sales Representative will confirm actual lead-time when the order is placed based on the current production workload.
The product shall meet all specifications within the quote for a period of 3 years from date of purchase for custom protected and multi-component parts and 10 years for parts produced as surface coated parts. This Limited Warranty shall not apply in the event of any failure caused by accident, misuse, neglect, laser damage, alteration or improper installation or repair by the purchaser.
LIMITATION OF LIABILITY
Except for the warranties stated herein, the customer’s sole and exclusive remedy is expressly limited to the terms of the agreement. Omega shall not be liable to the customer for any other costs or damages. Under no circumstances will Omega Optical be liable for: (a) any damages to customer including but not limited to, loss of profits, business, revenues or savings, even if Omega Optical has been advised of the possibilities of such damages; (b) any claims, demands or actions against customer by any third party; (c) any loss or claim arising out of or in connection with the customer's use of the product or implementation of recommendations by Omega Optical. In the event of any liability incurred by Omega Optical, the entire liability for damages from any cause whatsoever will not exceed the lesser of: (a) the dollar amount paid by customer for the product(s) giving rise to the claim; or (b) $50,000.
Contact your customer service representative to request an RMA. Please note, that 75% of customer returns to Omega are found to be compliant upon re-inspection. Omega may proactively request conference call with our quality engineers to discuss non-compliance issues before the parts are returned.
- Omega Optical will not accept return packages without an RMA# clearly marked on the outside of the box. Contact your sales representative for an RMA#.
- Restocking Fee: Omega Optical Stock Parts returned at the customer’s discretion will be subject to a 30% restocking fee. No custom or “production overrun” parts may be returned if compliant to specifications.
- Returned parts passing re-inspection will be returned to customer at the customer’s expense.
- Parts failing re-inspection will be replaced or credited during the warranty period.
CUSTOMER SUPPLIED MATERIALS
When the customer supplies material (i.e. substrates, associated hardware or software, etc.), Omega Optical will take every precaution with its proper handling. However, Omega Optical will not be held liable for the quality of the finished product or for loss of material, or any contingent liability.
Blanket Contract Pricing is for a term up to 12 months. The time is calculated from the date of the placement of the given Blanket Purchase Order, not the date of first delivery. In order to provide the best possible service, Blanket Purchase Order deliveries must be scheduled at the time of order placement with sufficient time for production. The remainder of the total quantity ordered will be scheduled for delivery on the anniversary date of the blanket order.
Customer, only with the express written consent of Seller, may cancel work which remains to be furnished under a contract. Omega Optical will place the order on customer hold status and assess the amount of product in process and in inventory. The product in inventory will be shipped and invoiced. Either the product that is in process will be shipped and invoiced upon completion or; it will be cancelled and invoiced based upon the percentage of completion. Per-part pricing will correspond to the price quoted for the quantity shipped. For example, if the quote contained separate pricing for 500 and 1000 parts, and the order is cancelled after shipping 700 parts, then the 500-part pricing will apply.
Any export of Omega products shall be in accordance with the Department of Commerce Export Administration Regulations. The Customer agrees that it will not divert, use, export or re-export such items contrary to United States law. Customer expressly acknowledges and agrees that it will not export, re-export, or provide such items to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes Cuba, Iran, North Korea, Sudan, and Syria. The Customer also expressly acknowledges and agrees that it will not export, re-export, or provide such items to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or on the United States Commerce Department’s Denied Persons List, Entity List, or Unverified List.
Contests, Sweepstakes and Promotions
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of Omega Optical Inc and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Omega Optical Inc.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Omega Optical Inc
Omega Optical Inc has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Omega Optical Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Omega Optical Inc and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Omega Optical Inc, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Omega Optical Inc its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Vermont, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please email us at email@example.com