For the purpose of the following conditions, 'the seller' shall refer to 'Tokai UK Ltd,' the official UK distributer of Tokai ophthalmic lenses. 'The buyer' shall refer to the person, firm or company to whom the seller agrees to sell or supply goods.
'The goods' shall mean lenses and/or additional services related to the sale of Tokai Ophthalmic lenses, which are the subject of any contract of sale or supply between the seller and the buyer.
(i) All quotations are given and all orders accepted on these terms, which supersede any other terms appearing in the seller's literature, or elsewhere.
(ii) All orders hereafter made by the buyer shall be made subject to these terms.
(iii) No modification to these terms shall be effective unless made by an express written agreement between the parties. The signing by the seller of any of the buyer's documentation shall not imply any modification of these terms.
All sales are made to the following terms and conditions and upon the express condition that, so long as the goods supplied are manufactured correct to exacting standards and the buyers required specification, there is no guarantee of their suitability for any specific purpose, even if that purpose is known to the seller.
Product changes – The seller reserves the right to make changes in design or to modify or improve products without imposing obligations on itself to incorporate any such modifications or improvements into products previously manufactured.
Where the buyer has specified that the goods shall be of a certain colour or size, such specification shall be subject to reasonable commercial variation, other than where specifically agreed with the seller.
The goods are warranted against defective material and workmanship under normal use and application. The seller's liability under this warranty is limited to the supply of a replacement product or part whereof and does not oblige the seller to make repairs of any kind or to bear labour costs. The warranty applies only if the goods are new, and/or if returned within a reasonable time period after delivery date.
The warranty does not cover items which have been misused or abused, or goods which have been installed or operated other than in accordance with the applicable European Standard.
The seller will not be liable for loss of expense arising in connection with the use or inability to use the goods, nor for the consequential loss or damage of any kind. This warranty is in lieu of all other warranties and conditions, implied or expressed, which exceed the above obligations and which are hereby disclaimed and excluded.
All delivery dates are estimates only and the time of delivery shall not be of the essence of the contract. The seller shall not in any way be liable to compensate the buyer in damages or otherwise for non-delivery or late delivery of the goods for whatever reason, or for any loss consequential or otherwise arising there from unless the buyer's claims are submitted in writing.
(i) For damage or partial loss in transit within 14 days of delivery.
(ii) For non-delivery of the whole consignment within 14 days of receipt of the monthly invoice.
Any successful claim is subject to the buyer operating within the sellers normal trading terms.
(ii) Glazing orders (or packages containing a frame belonging to the buyer) – dispatched via "Tracked & Signed" DX.
A charge for carriage and packing will be levied on all orders. The seller reserves the right where special deliveries are required to pass on these costs. The seller will make every effort to notify the buyer in this instance before delivery is made.
Should the seller be prevented from or hindered in delivering the goods or any part thereof by reason of war, riot, explosion, fire, flood, strike, lockout, shortage of materials or labour, or any cause beyond the seller's control, the time for delivery shall be extended by a period equal to that during which the cause preventing or hindering delivery exists.
Goods can only be returned by prior agreement with the seller, unless the goods are returned due to a faulty product, non tolerance, or incorrect dispatch, and should be returned with a completed returns form. Should the seller accept rejection of the goods or part thereof delivered against the contract, reasonable time will be allowed to the seller to replace the goods rejected or raise a credit note.
Products returned must be sent, insured and carriage paid to the seller's dispatch address. A full description of the goods, reason for return, and original order number are to be provided for accurate assessment of the return claim.
Unless otherwise stated the price of the goods shall be that ruling the date of delivery, the seller reserves the right to alter these prices at any time prior to delivery.
Terms of payment are 30 days from Statement date.
The seller reserves the right to levy a charge for copies of invoices and statements. Interest may be levied on all amounts overdue at a rate of 2% per month on the outstanding sum until payment is received, after as well as before any judgement therefore.
Risk of loss or damage to the goods shall pass to the buyer at the time of delivery until full payment has been made of all the sums outstanding from the buyer to the seller.
The seller's liability (if any) whether in contract or otherwise in respect of any defect in the goods or for any breach of this agreement or of any duty owed to the buyer in connection herewith shall be limited to the price of the goods in question. The seller shall not be liable for any loss of any duty owed to the buyer arising from any damage to the goods occurring after the risk has passed to the buyer however caused, nor shall any liability of the buyer to the seller be diminished or extinguished by reasons such as loss.
We may monitor and record information relating to your trade performance and such records may be made available to credit reference agencies, who will share that information with other businesses in assessing applications for credit and fraud prevention.
It is in your own interest to verify that the lenses supplied meet your requirements before edging. Credits cannot be processed for lenses ordered as 'uncuts', which have been edged by the buyer or third party laboratories acting on instruction by the buyer.
A credit will be issued only if the duplication was a Tokai error. In such cases, both delivery notes relating to the same order must be returned.
The Seller cannot be held responsible for any order cancelled by the customer after the order has been placed. The order will be charged to the buyer, regardless of whether or not delivery has been made to the buyer.
All frames sent to the seller, should be addressed to 'Tokai UK'. All frames, including scanned frames sent via the IC Tokai ordering system, must be CE marked or have been in distribution prior to the 13th of June 1998. The seller assumes that the optician has taken steps to ensure that non CE marked frames are in compliance with the Medical Devices Directive.
Reglazing is undertaken at the buyers own risk.
(i) The progressive lenses match the prescription ordered.
(ii) Lenses have been dispensed with the fitting cross no lower than the recommended minimum fitting height.
(iii) Have been correctly glazed.
(iv) Claims must be made within 90 days from the dispatch date of the original order.
(v) Claims will only be processed if the buyer is operating within the agreed trading terms.
(vi) The Tokai Optical UK Guarantee scheme is in addition to your statutory rights.
(vii) Ownership of goods listed on our invoices will not pass to the buyer until such time as payment has been made in full to the seller (Tokai UK Ltd).
To receive a credit, you should send the original order together with the lenses and a completed 'Tokai Optical Non Tolerance Claim Form' to the Tokai UK Returns Department (The Coach House, 6 Shawlands Court, Newchapel Road, Lingfield, Surrey, RH7 6BL).
The seller reserves the right to withdraw or cancel the Guarantee from an individual practice without notice or explanation.
N.B. Where possible, seek advice from your Tokai UK representative about the non tolerance, to assess using an alternative Tokai product.