Terms and Conditions
1.1 In these conditions “The Seller” means Jai Kudo. “The Buyer” means the individual firm or company with whom the seller contracts to sell the Lenses.
2. CE COMPLIANCE
2.1 All Jai Kudo products comply with European Directive 93/42/CEE. All lens packaging carries the CE mark indicating our compliance with, and adherence to, CE regulations, as evidenced by our EC Declaration of Conformance noting compliance with annex VII. The Seller is fully compliant with The Producer Responsibility Obligations 1997 (SI 1997 No.648) and as amended in 2002 (SI 2002 No.732). The Seller meets all applicable UK Legal Requirements, including the General Product Safety Regulations 1994. This includes compliance with Packaging (Essential Requirements) Regulations 1998 (SI 1998 No.1165).
3. LENS ORDERS AND SPECIFICATIONS
3.1 By placing an order with The Seller, The Buyer is agreeing unequivocally to be bound by The Seller’s Terms and Conditions of sale.
3.2 Order lines are open from 9.00am to 5.00pm Monday to Friday. The Seller will dispatch all stock lens orders (subject to availability) received by 5.00pm on the same day.
3.3 The primary couriers used for deliveries within the UK are The Dx and Royal Mail. The Seller cannot be held accountable for any consequential loss incurred by The Buyer as a result of a delayed, lost or stolen order.
3.4 Full details of carriage charges are available upon request.
3.5 The Seller will take every precaution to ensure that all lens specifications displayed in its literature and on its website are correct at the time of release. However, specifications may change subsequently without prior notice.
4. PRICING AND PAYMENT
4.1 Invoices are issued on the last day of every month. Payment shall be made in full by The Buyer within 30 days of the date of the invoice.
4.2 The Buyers credit limit is subject to credit checks being conducted and is at the discretion of the seller.
4.3 The Seller reserves the right to require payment for goods in advance of dispatch.
4.4 In certain circumstances, The Seller may impose a surcharge on its advertised rates for postage and packing.
4.5 Should The Buyer fail to make payment by the due date, The Seller reserves the right, without prejudice, to any other remedy which it may choose to explore - to cancel this contract and/or any other contract between itself and The Buyer and/or to freeze any outstanding orders until such time as payment has been made.
4.6 The Seller reserves the right to charge interest to The Buyer at the rate of 2% per month on all overdue balances for the period from the date upon which payment is due until the date upon which payment is made both prior to and subsequent to any court judgement. Nothing herein shall entitle The Buyer to withhold or delay any payment due to The Seller after the date upon which it falls due, or in any way prejudice or affect The Seller’s rights in relation to such a non payment.
4.7 The Seller reserves the right to alter prices without prior notice.
5. RETURNS, CREDITS, REORDERS AND QUALITY CONTROL
5.1 The Seller recommends careful inspection of lenses for any flaws prior to glazing. Once a lens has been glazed it is no longer eligible to be returned unless suffering from a coating flaw (as described in Clause 6 below).
5.2 Any lens thought to be incorrect or defective must be returned to The Seller within 30 days of delivery to qualify for credit or replacement. The Seller will not accept any responsibility for lenses lost in transit. It is therefore strongly recommended that all returns are made using Recorded Delivery.
5.3 A lens will be eligible for credit consideration or replacement if:
- it is cracked, scratched or broken
- it has been supplied with incorrect power/diameter/coating
- it is suffering from a coating flaw.
5.4 The Seller will not accept any responsibility for errors or omissions made by The Buyer when placing an order. It is recommended that orders are submitted either online or by fax to ensure that all information is correct.
5.5 The Seller would advise all customers that the tinting of products might vary in both the tinting process and the results. Due to the nature of the tinting process The Seller cannot guarantee an exact match on any tinted orders. Orders for single tinted lenses will be treated as Special Orders and are not recommended for the reason stated above.
5.6 The Seller strongly discourages the glazing of different lens indices into a single frame and will not accept liability for any problems that arise as a result.
5.7 In the case of Rx or progressive lenses ordered for supra or rimless frames, where the shape and frame details were not provided by the client, The Seller cannot raise a credit for reason of unacceptable edge thickness.
5.8 All returned lenses must be accompanied by a fully completed Jai Kudo Returns Form before credit or replacement can proceed. Original delivery note numbers must be provided on the Returns Form together with the reason for the return.
5.9 Replacement lenses will always be invoiced. A credit will then be raised for the returned lenses, provided they are eligible under the terms of this policy.
5.10 Lenses that have been glazed and are thought to be suffering from a coating flaw must be removed from the frame before return. The Seller is not responsible for damage to (or loss of) any frame that has been enclosed with returned lenses.
5.11 The Seller does not supply complimentary glazing consumables for use on any of its lenses. This applies to all surfaced lenses and coating options. Appropriate glazing and super hydrophobic pads must be used when glazing the premium coated lenses.
5.12 Only progressive lenses can be returned for non-tolerance. This does not include OCCUPATIONAL or Bifocal lenses.
5.13 The Seller reserves the right to decline a credit request if it considers the lenses have been misused, incorrectly glazed and/or incorrectly ordered.
6. COATING GUARANTEE
6.1 The Seller offers a two year guarantee on all its HMAR lens coatings and will, within this period, replace or credit any lens suffering from an inherent coating flaw, where such a flaw can be substantiated by its QC specialists. This liability is strictly limited to defects that become apparent in the course of proper use and under reasonable conditions of operation. It does not extend to defects that arise as a result of patient misuse, negligence (particularly exposure to heat or harmful cosmetic sprays) and/or general wear and tear.
7. SINGLE VISION STOCK LENSES
7.1 Unwanted or duplicated orders of stock single-vision lenses must be returned to The Seller within 30 days of the original order date; all returned stock lenses must be in “as new” condition (unopened and undamaged). Lenses received after 30 days will not be credited.
7.2 Unwanted or duplicated stock lenses will be subject to a handling fee of 25% for between one and fifteen lenses and 45% for sixteen or more lenses.
8. SURFACED LENSES
8.1 Surfaced Lenses are lenses that have been specially made for The Buyer. This includes all RX single-vision lenses, all progressive lenses and bifocal lenses.
8.2 Replacement Surfaced Lenses must not be ordered without first contacting The Seller to advise of the problem with the original order. This will avoid repeated issues with the same order and ensure that the product is supplied to the correct specifications.
8.3 In the unlikely event that an RX or Progressive lens is thought to be defective, The Buyer should advise The Seller immediately and arrange for a replacement to be ordered. The original lens should then be returned for examination and, where a flaw can be substantiated, a credit will be raised.
8.4 Surfaced lenses (as defined in Clause 8.1) may ONLY be cancelled on the day of ordering. Thereafter they will be charged to The Buyer in full and The Seller cannot accept any responsibility for any omissions or errors made by The Buyer when ordering. In the case of progressive lenses, The Seller strongly recommends that both the lens type and frame size are carefully checked against our published fitting charts to ensure that the appropriate corridor length is used.
8.5 All on-line surfaced lens orders must be checked thoroughly before submitting as they cannot subsequently be cancelled or amended due to the fact that processing now commences automatically, to optimize delivery times.
9. NON-TOLERANCE POLICY FOR PROGRESSIVE LENSES
9.1 Rejection of progressive lenses for reason of ‘non-tolerance’ will be considered valid only if the patient has been given a period of minimum of three weeks to adjust to his/her new lenses. In such cases, the rejected lenses must be returned to The Seller within three months from date of delivery.
9.2 Progressive lenses cannot be returned for non-tolerance if any part of the functional reading or distance areas has been removed during glazing or they have not been glazed in accordance with the original order specifications.
9.3 Lenses that have been returned for non-tolerance will not be accepted if they have been re-ordered as the same design.
9.4 Non-tolerance does not apply to lenses that have not been worn by the patient.