Terms and Conditions

All sales are subject to the following terms and conditions:

1. Installment Deliveries: Except where otherwise stated delivery may at Sellerʼs option be by installments. In all cases seller is entitled or bound to delivery by installment. Failure to deliver or defective of one or more installments shall not entitle Buyer to cancel or reject or withhold payment for any other installments. Where installment deliveries are made at the request of Buyer, packing charges, quantity extras and minimum charges, if applicable, shall be based on the installments requested.

2. Limitation of Liability/Purchaser's Indemnity: All orders are accepted and shipped strictly subject to these general terms and conditions and no other terms and conditions printed on buyer's purchase order or otherwise, shall be applicable to your order.

3. Method of Shipment: Whenever possible, we will ship products by the method specified on your order. We work closely with Fedex and find we can service you best when using Fedex Service. We will be happy to utilize other carriers based on your requirements.

4. Terms and Prices: All orders are shipped FOB Seller's shipping point.

5. Insurance and Custom Declaration: Where goods are sent by Seller to Buyer in circumstances in which it is usual for Buyer to insure. Seller shall be under no obligation to give such notice to Buyer as may enable Buyer to insure the goods during transit. Unless otherwise agreed the goods are sold F.O.B., F.A.S. and F.C.A. Buyer shall attend at his/her own expense to all Customs declarations and other requirements of Governmental or other authorities. For the purpose of this contract the expressions, F.O.B., F.A.S., and F.C.A. shall be deemed to mean that the delivery of goods into the custody of the carriers or its agent shall be sufficient delivery under the contract.

6. Order Changes/Cancellations: No change by Purchaser of any term or condition of this contract or any of Seller's rights or remedies hereunder shall be binding on Seller, nor shall the order hereby acknowledged be changed or canceled by Purchaser unless approved in writing by an authorized officer of Hexagon Optics, LLC. There are no representations, agreements, promises, or understandings between Purchaser and Seller that are not expressed herein.

7. Claims for Lost or Damaged Shipments: We urge you to inspect all packages immediately upon receipt and report any damage, shortage, or defect to our Customer Service Department as soon as possible. CLAIMS FOR THESE DISCREPANCIES MUST BE MADE WITHIN 10 DAYS OF YOUR RECEIVING THE MATERIALS. All products are sold FOB Seller's shipping point unless otherwise noted. Delivery of goods to the carrier at Seller's plant or to other loading point, shall constitute delivery to Buyer, and regardless of shipping terms, all risks of loss or damage in transit shall be borne by Buyer. 

8. Return Shipments: Some materials are not returnable to Hexagon Optics LLC. Returned shipments cannot be accepted by Hexagon Optics LLC unless prior arrangements have been made. If it is necessary to return any materials, contact us to obtain a return authorization number. REQUESTS FOR RETURN AUTHORIZATION NUMBERS MUST BE MADE WITHIN 10 DAYS OF YOUR RECEIVING THE MATERIALS. Only items authorized by Seller for return will be accepted. Final disposition of returned goods will be made only after receipt and inspection of goods. Collect shipments will not be accepted unless previously authorized. Material must be received on or before the Return Authorization expiration date.

9. Limited Liability/Purchaser's Indemnity: Claims for rejected, non-conforming product, or any other claim against us, must be made in writing and must be received and acknowledged by us in writing within thirty (30) days of customer's receipt of the product in question. Any claims not satisfying this condition shall be deemed waived. Upon the approved return of any such product, we shall have the option to replace such product with conforming product or to return the purchase price to customer, at our sole discretion. PURCHASER'S EXCLUSIVE REMEDY, FOR ANY CAUSE OR CLAIM WHATSOEVER, INCLUDING BUT NOT LIMITED TO ALLEGED BREACH OF WARRANTY, PRODUCT LIABILITY, NEGLIGENCE, OR OTHERWISE, SHALL BE FOR MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE PAID BY PURCHASER FOR THE PRODUCT IN RESPECT TO WHICH THE CLAIM IS MADE. IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER PURCHASER'S CLAIM IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN CONSIDERATION OF THE SALE OF PRODUCT TO PURCHASER, WHICH SALES WE WOULD NOT OTHERWISE MAKE, PURCHASER AGREES TO INDEMNIFY AND HOLD US HARMLESS FROM ALL CLAIMS, EXPENSES, LOSSES, AND LIABILITY OF ANY NATURE WHATSOEVER ARISING OUT OF PURCHASER'S HANDLING AND/OR USE OF PRODUCT, WHETHER USED ALONE OR IN COMBINATION WITH ANY OTHER SUBSTANCE.

10. Governing Law: This order shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of the choice of law rules thereof, and shall not be governed by the provisions of the U.S. Convention on Contracts for the International Sale of Goods, 1980.

11. Statute of Limitation: Any cause of action arising from this order, or its breach must be commenced within one (1) year after the cause of action has occurred. 

12. Excusable Delays/Force Majeure: Neither party shall be liable for delays or defaults arising from caused beyond its control, including acts of God, acts of war, fires, floods, strikes, freight embargoes and unusually severe weather.

13. Entire Agreement; Assignments: This order, together with any documents referred to on the face hereof, constitutes the entire agreement between the parties can only be modified by a writing signed by both parties. 

End of Terms and Condition of Sale.