WARRANTY TERMS AND CONDITIONS Effective Date: August 3, 2023 These Warranty Terms and Conditions (the "Warranty") apply to the purchase and use of Lenses (the "Product") sold by Hemsley Lens USA (the "Seller") to the original purchaser (the "Customer"). By purchasing and using the Product, the Customer agrees to be bound by these Warranty Terms and Conditions.
1. Warranty Coverage:
The Seller warrants that the Lenses from Hemsley Lens USA will be free from defects in materials and workmanship for a period of 10 days from the original date of purchase or 14 days from the order date (the "Warranty Period"), whichever is later, provided that the Lenses have been used for less than 10 hours since delivery. If during the Warranty Period the Lenses become defective due to manufacturing defects or faulty workmanship, the Seller will, at its sole discretion, repair or replace the defective Lenses without charge to the Customer.
2. Warranty Exclusions:
This Warranty does not cover damage to the Lenses resulting from:
a) Misuse, abuse, or improper maintenance;
b) Unauthorized repairs or modifications;
c) Accidents, theft, fire, flood, or any other external causes;
d) Normal wear and tear, cosmetic damage, or discoloration;
e) Use of the Lenses in a manner contrary to its intended purpose or in violation of the operating instructions;
f) Any damage caused during transportation or shipping after delivery;
g) Hemsley Lenses purchased from unauthorized dealers or resellers. O-rings Requirement: This Warranty is contingent upon the Customer's purchase of the appropriate O-rings for use with any Atezr lenses sold by Hemsley Lens USA. Failure to purchase and use the recommended O-rings may void the Warranty for the Lenses sold by Hemsley Lens USA.
3. Atezr Customers
O-rings Requirement: This Warranty is contingent upon the Customer's purchase of the appropriate O-rings for use with any Atezr lenses sold by Hemsley. Failure to purchase and use the recommended O-rings may void the Warranty for the Hemsley Lenses.
4. Making a Warranty Claim:
To initiate a warranty claim, the Customer must:
a) Contact Hemsley Lens Customer Service Department at [ info@hemsleylensusa.com ];
b) Provide proof of purchase (receipt or order number);
c) Describe the nature of the defect or issue with the Lenses.
5. Warranty Service:
Upon receipt of a valid warranty claim, Hemsley Lens USA will:
a) Provide instructions for returning the defective Lenses (if required);
b) Inspect the Lenses to determine the cause of the defect;
c) Repair or replace the defective Lenses, at Hemsley Lens USA discretion;
d) Return the repaired or replacement Lenses to the Customer.
6. Shipping and Transportation Costs:
The Customer is responsible for all shipping and transportation costs associated with returning the defective Lenses to Hemsley Lens USA and returning of the new replacement lenses. The Customer is responsible for any postage costs associated with returning the Lenses Hemsley Lens USA.
7. Warranty Extension or Transfer:
This Warranty is non-transferable and applies only to the original purchaser. The Warranty period is not extended in the event of any repair or replacement of the Lenses From Hemsley Lens USA.
8. Limitation of Liability:
To the extent permitted by applicable law, Hemsley Lens USA liability under this Warranty is limited to the repair or replacement of the defective Lenses. In no event shall Hemsley Lens USA be liable for any indirect, consequential, or incidental damages arising from the use or inability to use the Hemsley Lenses.
9. Governing Law and Jurisdiction:
This Warranty shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles. Any disputes arising under or in connection with this Warranty shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].
10. Entire Agreement:
This Warranty constitutes the entire agreement between the Customer and Hemsley Lens USA with respect to the Product's warranty and supersedes all prior or contemporaneous communications, representations, warranties, and understandings, whether oral or written.
11. Modifications:
Hemsley Lens USA reserves the right to modify or amend this Warranty at any time. Any such changes will be effective immediately upon posting on Hemsley Lens USA website or other official channels.
By purchasing and using Lenses from Hemsley Lens USA, the Customer acknowledges that they have read, understood, and agreed to these Warranty Terms and Conditions, including the requirement to purchase and use the recommended O-rings with any Atezr lenses to maintain the Warranty's validity.
