1. Warranties: LaCroix optics are warranted to meet the specifications contained in the written quotations. OTHER THAN THE WARRANTY CONTAINED HEREIN, NO OTHER WARRANTY EXPRESSED OR IMPLIED IS GIVEN. In no case shall LaCroix Optical Co. liability exceed the price of the materials and workmanship contained in the written quotations. Under no circumstances shall LaCroix Optical Co. be liable for loss of profit, processing cost, or other consequential damages.
2. Tool Charges, if any, are specific to the unique optical component being purchased. Changes or modifications to the optical component may result in additional tooling charges. Tools will be kept at LaCroix Optical Co. for a period not to exceed 3 years from the date of last order. Since the original charges include only a portion of their total cost, title and possession of the tools will be retained by LaCroix Optical Co.
3. Deliveries: Every reasonable effort will be made to complete orders within the time promised, subject to strikes, fires, accidents, delay in route or other causes beyond our control. If such an event occurs the customer will be notified in a timely manner of such delay.
4. Customer Material: Every reasonable effort will be made to handle customer’s material with the greatest possible care; however, all such handling is done at the customer’s risk and LaCroix Optical Co. liability is limited to the value added.
5. Cancellation: Orders in process may not be cancelled (or deferred) without written consent of LaCroix Optical Co., subject to any necessary cancellation charges to cover all expenses incurred by LaCroix Optical Co. prior to any agreed cancellation date.
6. Claims: LaCroix Optical Co. reserves the right not to accept for credit or replacement, any parts damaged or otherwise changed by further processing or assembly. We cannot be responsible for performance of optics, which conform properly to customers design or specifications. Should such designs or specifications be an infringement of any letters of patent, buyer will defend and save harmless, LaCroix Optical Co. from any and all damages, claims, charges or expenses, including reasonable attorney’s fees, incurred by La Croix Optical Co. by reason of such infringement.
7. Rejected Material: In case the customer believes that a part is not made to the agreed specifications contained in the written quotations, LaCroix Optical Co. must receive written notification within 90 days of the delivery of such part to the customer providing a detailed description of any claimed defect. Upon notification, LaCroix Optical Co. will investigate the claim of the customer and, if valid, will advise the customer of the best procedure for replacing the parts.
8. Quantities: Variation in quantities shipped not exceeding 5% more or less than the quantities ordered shall constitute compliance with the contract unless otherwise noted on the face of the quotation. The total contract price will be adjusted to reflect the quantity delivered.
9. Quotations: Quotations are in effect for 60 days from the date of the written quotation, unless a different time span is requested in writing and accepted by LaCroix Optical Co. The date of delivery is subject to change due to material availability and shop load at the time the order is placed. Quotations are subject to revision if not accepted within 60 days of the date of the written quotation. Typographical errors are subject to correction.
10. Attorney’s Fees: If LaCroix Optical Co. takes action (by itself or through its representatives) to enforce any of the provisions of these Terms and Conditions, including collection of damages or any amounts due hereunder, LaCroix Optical Co. shall be entitled to recover from you, (the customer) and you agree to pay, in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.
11. Right to Sell to Third Party: Nothing herein or in any written quotations shall restrict, limit or prevent LaCroix Optical Co. from contracting to provide products or services to any possible customer or users of the service and products provided by LaCroix Optical Co., including, but not limited to, any party to which any of our customers also provide goods, products or services.
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