Imagine Optic Terms and Conditions

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1. GENERAL TERMS

By visiting Imagine Optic Inc Website; by using our services or products, you agree to be bound by the following General Terms and Conditions. Specific Terms and Conditions or specific agreements are affixed to these General Terms and Conditions, unless otherwise agreed to by Imagine Optic Inc in writing. Imagine Optic Inc reserves the right to change the General Terms and Conditions without prior notice. 

Please read these Terms and Conditions carefully before accessing or using our website, or any of our services. If you do not agree to all these Terms and Conditions, then you may not access the website or use our services.

2. ACCEPTANCE

The general terms apply to all sales from Imagine Optic Inc, in addition to any specific terms. They may not be amended by contrary provisions in any of the Buyer’s documents except with the Seller’s express written consent. The Contract of Sale comes into effect when the Seller expressly accepts a purchase order. The supply is limited to the content of the purchase order accepted by the Seller. To issue a purchase order Buyers shall contact us by email at orders@imagine-optic.com.

3. CHANGE OF ORDERS

The Buyer shall have the right to make changes on an order before shipment, however those changes are subject to acceptance by the Seller. If such changes cause an increase or decrease in the amount due under the contract or in the time required for its performance, an equitable adjustment shall be made. The increase of the amount due shall be paid by the Buyer. Only changes agreed in writing by the Seller and the Buyer shall be valid. A form duly marked “Change of Order”, or similar terms will be liable to be binding. Once the order is accepted by the Buyer and the Seller, in the manner set above, any additional change of order will no longer be accepted.

4. SHIPMENT AND DELIVERY

Shipments are designated free-on-board form 444 Somerville Ave, Somerville, MA 02143, USA, unless otherwise agreed in writing.

Delivery times are best estimates but are not guaranteed by the Seller. The Seller is not liable for late delivery. A late delivery must not justify cancellation of the order. Delivery will be made to the location indicated on the purchase order upon:
– Acceptance of the order by the Buyer,

or

– Eight days after the notice of readiness for acceptance of the order, if the Buyer does not proceed with the acceptance within such time.

If delivery is delayed due to the Buyer, the goods shall be warehoused at the Buyer’s risk and expense, without change of the date on which the price is payable.

5. RIGHT OF INSPECTION

a) Right of inspection

All Goods and Services provided for herein may be inspected by the Buyer upon delivery. The Buyer may reject defective Goods or Goods that do not conform to descriptions furnished by the Seller within fifteen (15) calendar days after delivery. A Good is considered defective when its characteristics hinder its usability for the purpose for which it was designed and manufactured.

b) Return of Goods

After inspection, the Buyer may reject Goods that are defective or do not conform to the purchase order. The Buyer shall not return any Goods to the Seller without first obtaining written authorization (RMA) and instructions from Seller. Return authorization is granted upon receipt of sufficient proof of deficiency or lack of conformity. All returned goods must be in their original packaging and condition, otherwise a restocking fee of twenty percent (20%) will be applicable. Upon receipt, the Good will be tested to verify the defective status of the component. A repaired or replacement will be sent within a reasonable period of time.

c) Order Cancellation

If the order cancellation generates additional shipping fees, these fees must be supported by the party responsible for the order cancellation. If the Buyer cancels the order within seventy two (72) hours after acceptance and before delivery, a twenty percent (20%) cancellation fee will apply. If the Buyer cancels the order within (fifteen) 15 calendar days after shipping, a twenty percent (20%) restocking fee will apply and the Buyer will be in charge of returning the package.

6. WARRANTY

Unless stipulated otherwise in writing by the manufacturer, Goods are warranted for one (1) year from the date of manufacture. The warranty is limited to repair of operating or manufacturing defects that come to light in that period. The warranty is limited to replacement of parts found by the Buyer to be defective.

To be able to claim the benefit of the warranty, the Buyer must contact Imagine Optic Inc by phone or by email. A first remote diagnostic will be performed. Return will only be accepted this diagnosis reveals a default or a defect. In this case, the Seller will provide an RMA number and a RMA form, fillable by the Buyer within thirty (30) calendar days after issuance of the RMA form. 

The address to be used for all warranty and Buyer care request is as follows:

Axiom Optics Inc & Imagine Optic Inc 

Buyer Support– RMA number

444 Somerville Ave, Somerville, MA 02143, USA

7. PRICE

Prices are net and valid for thirty (30) calendar days from issuance of quote. Imagine Optic Inc reserves the right to require alternative payment terms. Additional sales tax might be billed at invoicing and are payable by the Buyer. It is the Buyer obligation to take all steps and complete all formalities to enable the price to be paid.

8. TERMS OF PAYMENTS

a) Terms

Unless otherwise agreed to by Imagine Optic Inc in writing, all invoices must be paid within thirty (30) calendar days from issuance, for price quotations inferior or equal to $50,000 USD.

Invoices superior to $50,000 USD will be charged as follow: (a) advance payment of fifty percent (50%) of the price quotation upon acceptance of the order; (b) a payment of fifty percent (50%) of the price quotation within thirty (30) calendar days from issuance of the invoice.

Any service such as installation, will be charged after service is provided. All payments must be in US dollars and remitted to: 50 Milk Street, 16th Floor, Boston, MA 02109, USA.

b) Late Payment

Payments not made within thirty (30) calendar days after reception of the order by the Buyer, shall be subject to a late payment charge of one and one half percent (1½%) per month or the maximum rate permitted by law.

Payment not made sixty (60) calendar days after reception of the order by the Buyer, shall be subject to a legal proceeding, payable by the Buyer, in addition to late payment charges. Any dispute arising out of or related to the Sales Order shall be brought exclusively in the courts of the State of Massachusetts.

c) Payments options

Imagine Optic Inc will only accept the following payment options: wire transfers, credit cards, debit cards, ACHs, checks, PayPal.

Fees: payments made from a third-party payment service are automatically charged with a convenience fee of four percent (4%) per transaction. Convenience fees are payable by the Buyer, unless otherwise agreed to by Imagine Optic Inc in writing. Wire transfer fees are payable by the Buyer.

9. DISCLAIMER OF LIABILITY

a) General disclaimer of liability

Unless otherwise agreed to by Imagine Optic Inc in writing, all risks are transferred to the Buyer when Goods are shipped from the Seller’s disposal. The Buyer shall produce, at its expense, a all-risks insurance covering the carried goods from door-to-door, at billing value and without deductible. At the Buyer request, the Seller shall supply it with all information it has that is necessary for purposes of insurance. In event of damage in transit, the Buyer shall take all recourse against the carrier or other parties involved.

If the Seller is exceptionally obliged to make arrangements for carriage of the goods, the goods shall be shipped by means of transport most appropriate in the circumstances and on the usual terms, and the Seller shall have no liability on that score.

In no case shall Imagine Optic Inc our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind; including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any our products procured using the service, or for any other claim related in any way to your use any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted or transmitted, even if advised of their possibility.

Because some states or jurisdiction do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdiction, our liability shall be limited to the maximum extent permitted by law.

b) Website disclaimer of liability

We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable. You agree that from time to time we may remove the Website for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.

10. USE OF GOODS

a) General use of goods

The Buyer acknowledges that the goods, parts and technical documentation may be concerned by The North American Free Trade Agreement regulations of export. Therefore, the Buyer shall not act in any way that would put the supplier in contravention of these regulations. Buyers may not use our products for any illegal or unauthorized purpose nor may violate any laws in this jurisdiction.

b) Use of Website

As a website user, you must not transmit any worms or viruses or any code of a destructive nature. You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other website, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

11. IMPORT AND EXPORT OF THE GOODS BY THE BUYER

The products are for professional application, and the Seller’s acceptance of an order is with the understanding that only qualified individuals, trained and familiar with users’ procedures, will handle them. If the Buyer fails to observe this obligation, the Buyer agrees to hold the Seller harmless from any liability resulting from the operation of the products.

12. FORCE MAJEURE

The Seller is released from its delivery and warranty obligations by fortuitous events and force majeure. Fortuitous events include total or partial strikes, floods, fires, mobilization, wars, epidemics, interruption of transports, shortages of raw materials, equipment breakdown and all other analogous events.

13. OBLIGATIONS

The products are for professional application, and the Seller’s acceptance of an order is with the understanding that only qualified individuals, trained and familiar with users’ procedures, will handle them. If the Buyer fails to observe this obligation, the Buyer agrees to hold the Seller harmless from any liability resulting from the operation of the products.

14. GOVERNING LAW AND DISPUTE RESOLUTION

a) Governing law

This Agreement shall be deemed to have been made in the Commonwealth of Massachusetts and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, exclusive of its rules governing choice of law and conflicts of law.

b) Dispute resolution

If a legal dispute arises between the Buyer and the Seller, both parties must settle the dispute through negotiation. If Parties do not agree on the resolution of the dispute thirty (30) days after occurrence of the negotiation, Parties might choose to settle the dispute through an Alternative Dispute Resolution, before litigating. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.