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and Typographical Errors
Veatch Instruments, we strive for accuracy in both pricing and product
information. However, despite our best efforts, sometimes our web
site contains errors.
pricing is inaccurate, we will contact you after your order has been
received. We reserve the right to change the pricing on products
without prior notice.
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Terms and Conditions constitute an agreement between You and
Eclyptic, Inc., d/b/a Veatch Ophthalmic Instruments (“VOI”). By
purchasing our products and/or services, You acknowledge and agree that You
have read and agree to be bound by these Terms and Conditions.
1. Disclaimer of representations and warranties.
All new products sold pursuant to this agreement are subject to a manufacturer
warranty. VOI hereby assigns the applicable manufacturer
warranty(s), without recourse, to You. You are required to fulfill
any and all obligations necessary to keep the manufacturer warranty in
effect including, but not limited to, the satisfaction of any
preventative maintenance requirements. VOI will provide You with the
applicable manufacturer warranty(s) at the time of delivery of the
products. In the event that You purchased used products ("Used
Products") from VOI, VOI, in its sole discretion, will either repair
the product, if possible, replace the product with another used product of
equal or lesser value, or refund the actual cost of the product within
thirty (30) days of Your purchase. No claims of the limited warranty
provided herein for Used Products shall be effective after thirty (30)
days of Your purchase.VOI disclaims any further liability and all
implied warranties including, without limitation, the implied warranties
of MERCHANTABILITY and fitness for a particular purpose, and all express
warranties other than those explicitly made in these Terms and
2. Limitation of liabilities
agree that, except as otherwise provided under applicable laws, neither
VOI nor its affiliates, directors, officers, employees, agents,
contractors, successors, or assigns shall be liable for any damages arising out
of or related to the use of this product or service except as provided
herein.This waiver of liability applies to all damages,
including any punitive damages, lost profits, or business interruption,
even if VOI is notified in advance. Except as provided herein for
Used Products, You expressly agree that any liability, claims, causes, or
choses in action asserted by You against VOI shall be solely limited to
the lesser amount of the following: (i) One hundred percent
(100%) of the total amount that was actually paid to and received by VOI
pursuant to this agreement, or (ii) $3,000.00.
AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF THE USE OF THIS PRODUCT,
SERVICE, OR THESE TERMS AND CONDITIONS MAY BE BROUGHT MORE THAN ONE
YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
expressly agree that the laws of the State of Arizona will govern these
Terms and Conditions and all other disclaimers, terms, and
conditions. In the event of a dispute, You further agree that any legal
action shall be governed by
law, and venue shall be in an appropriate court in Maricopa County, Arizona.
You further agree that, in the event of any such legal action
arising out of this agreement, the prevailing party shall be entitled to an
award of their attorneys’
and costs incurred in such action.
agree to defend, indemnify, and hold VOI harmless for any loss, damages,
or costs, including attorneys’ fees, resulting from any third party claim
resulting from Your use of VOI’s products or breach of these Terms and
Terms and Conditions and the other policies contained on this invoice represent
the entire agreement between You and VOI. VOI reserves the
right to change these Terms and Conditions and all other policies at any
herein shall be construed as creating any agency, partnership, or joint
enterprise between You and VOI. In the event that any provision of
these Terms and Conditions is deemed invalid or unenforceable, the remainder of
Conditions shall remain in full force and effect.