Terms & Conditions

TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS OF USE") OF AMERICAN OPTICS INC. ("AO") WEB SITE (THE "SITE") CAREFULLY. BY ACCESSING OR USING THIS SITE YOU EXPRESSLY AGREE TO ACCEPT THE FOLLOWING TERMS AND CONDITIONS OF USE. YOU SHOULD REVISIT THIS PAGE FROM TIME TO TIME AS YOUR USE OF THE SITE IS SUBJECT TO THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS OF USE POSTED ON THE SITE AT THE TIME OF SUCH USE. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SITE.

OUR TERMS AND CONDITIONS ARE DIVIDED INTO SECTION I AND SECTION II; SECTION I DEALS WITH GENERAL POLICIES, CONDITIONS AND LEGAL MATTERS, THE LATTER DEALS WITH CLIENT-SPECIFIC TOPICS PERTAINING TO NATIONAL AND INTERNATIONAL ORDERS.

SECTION I - GENERAL POLICIES

Copyright

Copyright for this Web site is held by American Optics Inc., 2001 - 2007. All rights reserved. Copyright for all material found on this Web site is held by AO or its licensors.

Copyright law gives the owner of an original work - including literary, dramatic, musical and artistic pieces - the sole right to produce or reproduce the work in question or to permit anyone else to do so. This includes the right to translate, to prepare derivative works based on the copyrighted work, to adapt the work, to distribute copies or to publish online. Individuals, who wish to use copyrighted material, in whole or in part, may need to request permission from the copyright owner.

Generally, you may reproduce or otherwise use materials found on this Web Site only in accordance with Canadian copyright law and provided that credit is given to the original source. Some exceptions apply. Any other use requires permission of the copyright holder. In the case of photocopying or other reprographic copying, including republishing, redistribution, storage in a retrieval system or posting on another Web Site please contact AO for permission.

You may, for your non-commercial use, reproduce, in whole or in part and in any form or manner, unlimited copies of AO Policy Statements provided that credit is given to the original source. Any other use, including republishing, redistribution, storage in a retrieval system or posting on a Web site requires explicit permission from AO.

Rights and Permission to Use This Site

Provided that you comply with the Terms and Conditions of Use, you have the right to use this Site to:

  1. view various materials, including information, documents, and other content on the Site (collectively, the "Materials"),
  2. access services that AO may provide from time to time, such as discussion forums, educational tools and an online store (collectively, the "Services"), and
  3. obtain products, such as software, educational books and videos, and promotional accessories that may be offered from time to time (collectively, the "Product(s)").

AO reserves the right to restrict, suspend or terminate your access to all or part of the Site at any time.

Ownership of Material on the Site

The Materials on the Site are owned by AO and its licensors and suppliers. They are copyrighted and protected by Canadian and international intellectual property laws, treaties and conventions. You may not copy, adapt, reverse engineer, modify, display, perform, transmit, frame, distribute, resell, commercially exploit or otherwise use the Materials in any manner whatsoever, except as expressly permitted herein, without the prior written permission of the relevant rights holder(s).

You may not create a hyperlink directly to a page on the Site, other than the default, index or home page found at http://www.american-optics.com without prior written permission of AO.

The trademarks and/or service marks of AO and others used on the Site are the property of AO or their respective owners. You may not use any trademark displayed on the Site without the written permission of AO or the respective owner.

Your use of the Site is conditional upon your abiding by all notices of copyright, trademark and other proprietary rights appearing in the Materials. You are forbidden from removing or altering any such notices in full or in part from Materials that you print or download.

Communications / Submissions From / By You to the Site

All communications to the site and any information, files, comments or submissions of any kind that you provide to AO through the Site or post to the Site for viewing, access or download by others ("Submissions") will be considered non-proprietary and non-confidential. Subject only to the Privacy Policy, AO shall have no obligations of any kind to you respecting your Submissions and will be free to use them on an unrestricted basis for any purpose(s). You are prohibited from sending AO or any other user of the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other Submissions that would violate any law or the rights of others under applicable law. You are solely responsible for the legality of your own Submissions and, by submitting or posting such Submissions, expressly warrant that you have all necessary intellectual property rights necessary to do so. AO shall have the right, but not the obligation, to review your Submissions to ensure that they comply with the Terms and Conditions of Use and any applicable laws or regulations. AO reserves the right to edit or delete Submissions at its sole discretion, without notice and without liability. AO will comply with any court order directing it to disclose the identity of anyone sending or posting Submissions of any kind to the Site.

Third Parties

From time to time this Site may contain references and links to content, products, services or other offerings of third parties ("Third Parties"). Such references and links do not constitute or imply an endorsement or recommendation by AO of any such Third Party and in no way should be interpreted as an acceptance of responsibility or liability for Third Parties. You expressly acknowledge and agree that AO shall have no liability of any kind for any content, products, services or other offerings made available by Third Parties.

Applicable Laws

By accessing the Site you agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with your access and use of the Site. You also agree to submit to the exclusive personal jurisdiction and venue of the courts of the Ontario with respect to such matters.

If any provision of the Terms and Conditions of Use is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions. The parties agree that this agreement and all related documents be written in the English language. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.

Liability

AO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THOSE ARISING BY LAW OR FROM A COURSE OF DEALING, OR USAGE FOR TRADE. ANY APPLICABLE CONSUMER RIGHTS ARE NOT AFFECTED BY THIS CLAUSE. WITHOUT LIMITING THE APPLICABILITY OR GENERALITY OF THE "DISCLAIMER AND LIABILITY" PROVISIONS ABOVE, TO THE FULL EXTENT PERMITTED BY LAW, AO SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, DELAY IN DELIVERY, OR USE OF PRODUCTS or SERVICES ACQUIRED OR LICENSED FROM AO. AO SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS or SERVICES BY YOU OR ANY OTHER PERSON OR ENTITY. THE LIMITATIONS IN THIS SECTION WILL APPLY, WHERE PERMITTED, NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY WARRANTY REMEDY.

SECTION II - NATIONAL AND INTERNATIONAL ORDERS

All purchase orders placed at AO either through email, fax, and telephone or through use of our website (http://www.american-optics.com) are specifically subject to the Terms and Conditions, including provisions relating to warranty and limitation of liability.  Please review the Terms and Conditions carefully prior to placing any order.

Consumer Information

Individuals or organizations that wish to order a Product or Service from AO’s online store must supply current, complete, and truthful information as prompted. This information is collected for the purpose of fulfilling your order. You agree to notify AO promptly of any changes in this information until such time as the order has been fulfilled. Products and services may be purchased for lawful purposes and by end-users only.

Purchase Orders must contain Bill / Ship To address (es), contact phone and fax, a PO number, Date, Revision-level (if any), appropriate product description and / or code, quantity required, shipping instructions and any additional information deemed necessary to ensure accuracy and effectiveness.

AO will undertake to keep your information current in its databases however please inform us of any changes as soon as you can to ensure accuracy.

All custom orders must accompany an adequate drawing that contains (and is not limited to) revision-level, glass-type (composition), tolerances, drawing name, any or all measures of quality (client-determined).

Pricing

Product prices listed on the Site are provided for informational purposes only, and do not constitute an offer to sell Products. Unless otherwise stated, prices are quoted in US currency and do not include applicable taxes, shipping, handling or insurance costs. You accept sole responsibility for the importation of any Products, including required licenses and permits, HS codes, HS descriptions and all associated costs, from Burlington, Ontario, Canada into other jurisdictions. AO’s prices are subject to change without notice.

Warranty

AO makes no warranties or representations of any kind for the products and services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by AO or its agents or employees shall create a warranty. AO provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on or via the service is free from viruses or other harmful components. Under no circumstances shall AO be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, Shopping Cart Service, any other service we supply or are associated with, to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with AO service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on AO servers, including but not limited to uploads done by you to facilitate usage of the AO e-commerce Engine, that such information becomes available to all Internet users and that AO has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of AO servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through AO or on the Internet generally.

AO will provide you with a reasonable amount of technical support to assist you in integration of the AO shopping cart service into your web site. You understand that the level, duration, and hours of availability of the support provided is determined at the sole discretion of American-Optics.com, and that providing any support does not constitute a warranty of any sort, nor does it warrant that you will successfully complete the integration of the AO shopping cart service into your web site.

Return Policy

All sales are final and non-cancelable however please note AO’s specific rules regarding returned goods administration (“RGA”).

  • All returns must be packaged in such a way as to preserve the item in order to study its state of defect.
  • All returns must be accompanied by a copy of AO’s invoice including short, written description of the problem. Any additional data such as pictures, descriptions and reports may help with administration but does not guarantee a specific result.
  • All returns must be made within 45 days of receipt of product otherwise your return may be rejected. Please call AO ahead of time to get an RGA number otherwise one will be given at time of receipt. AO will pay for shipping costs to / from your location provided that the defect originates from AO’s operations / vendors. Any misuse, sabotage, R&D, mishandling (shipping or otherwise) may result in denial of your claim. All shipping charges will be billed to you for re-imbursement.

Re-stocking fees of 5% of the value of the returned goods may apply to a return resulting from a customer-error. We do not accept returns or exchanges of our products purchased from other vendors. Please refer to their return / exchange policy.

Licensing and Payment Terms

Orders are not binding upon AO until AO in its sole discretion accepts the order. When you select Products or Services for purchase and ”confirm” your order on the order page, the total of the Product or Service price, taxes and any applicable shipping, handling, and insurance costs (if any) will be charged to the credit card number you provide. If a credit card is not provided, all charges, costs, arising from the sale will be charged during invoicing. You acknowledge that AO may use third party credit card processing or authorization services during the course of verifying your credit information and/or completing your purchase. You confirm that you are authorized to use such credit card number to make this purchase and permit AO to take steps to verify such authorized use.

You are responsible for all charges incurred in your use of the Site, whether or not authorized by you. You should inform yourself of the extent of your liability for unauthorized charges under any credit card agreement(s) that may apply to you. Upon AO delivery of the shipment to the carrier, you assume the risk of loss and / or damage to the Products and title passes to you. You may not assign an order for a Product without the prior written permission of AO. Sales transactions are void wherever such transactions are prohibited.

  • AO does not guarantee that all Products advertised online will be available at all times. AO reserves the right to limit quantities.
  • AO reserves the right to discontinue a product / group of products at its own discretion even though it may appear to be offered online.
  • AO will not be held responsible for any losses resulting from mis-statements, errors, omissions and immediate changes to its product mix.

Sales Tax

Sales taxes (GST, HST) are charged for orders shipped within Canada (regional jurisdiction). All international shipments are levied with GST however they are zero-rated. All zero-rated shipments will not show GST charges on the invoice.

Back-Orders and Batching (Reserving your Order)

All backorders are shipped when stock is replenished unless you request us to batch until further notice. Please note that we will reserve items no longer than 5 business days. Exceptions apply on a case-by-case basis.

Shipping and International Orders (non-US)

AO accepts all international orders. The customer is responsible to maintain an account with either FedEx or UPS since AO is set-up to use either one efficiently. Non-US (international) clients must have an account in order to receive their items. Since customs policies differ from country to country; AO has no control over these charges and cannot predict what they may be. If the shipments are received and the customs / brokerage fees are not paid, we reserve the right to bill the customer for the fees. If the customer refuses to pay the fees and the shipment is returned to us, the customer will be billed the return shipping charges and any additional fees.

Saturdays, Sundays and Holidays are excluded in calculating delivery time. AO is not liable for failure to deliver by a date specified by the carrier.

Order Cut-Off Time

Orders received after 4pm EST will be processed in sequence however fall out of range for guaranteed next-day delivery (next-day service available only to areas that UPS and FedEx deem possible). Unless stated otherwise, orders are shipped same-day otherwise they are batched till further notice (see Back-Orders and Batching). Please note that although your order may have been received after 4pm EST, AO will attempt to fulfill your request to ship next-day however is not guaranteed.