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Legal
Terms of Service
Welcome
TriSpecs Inc. ("TriSpecs" or "We") grants you the right to use this website ("Site") subject to the terms and conditions of service ("Terms of Service" or "Agreement") set forth below. THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH THE SITE IS GOVERNED BY THE TERMS OF THIS DOCUMENT.
- License
- The documents and other information and content available on the Site (the "Site Content") are protected by copyright laws throughout the world. TriSpecs grants you a limited license to reproduce portions of the Site Content for the sole purpose of reviewing the Site Content as an applicant for employment, a current or potential customer, current or potential business partner, a current or potential investor of TriSpecs, or news or media outlet. All copyright and other proprietary notices on any Site Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited. TriSpecs reserves all rights not granted in these Terms of Service.
- Revisions
- TriSpecs may, from time to time, make revisions to its website, and reserves the right to do so without recourse from any user.
- Content
- All of the content on TriSpecs’s website including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are copyrights, trademarks, and other intellectual property owned, controlled, exclusively by TriSpecs Inc. and its subsidiaries and affiliates (“TriSpecs”). The contents of TriSpecs’ site are intended for non-commercial use, aside from purchases made on the site, by visitors to the site. TriSpecs retains all rights in its copyrights and trademarks, trade names, brand names, and trade dress depicted on this site.
- Feedback
- Any comments or feedback submitted by users of the website shall be and remain the property of TriSpecs. TriSpecs is under no obligation to pay for or respond to any comments or feedback provided by users.
- Linking
- Links may be established on TriSpecs’s website to those owned by third parties. TriSpecs does not control any such third party websites and is not responsible for any damages you may suffer from using third party sites.
- Controlling Law
- This site is controlled and operated by TriSpecs since its headquarters in New York. These terms of use shall be construed in accordance with the laws of the state of New York without regard to any Conflict of Law Provision. Any dispute arising under these Terms of Service shall be subject to the exclusive jurisdiction of any state or Federal Court located in New York.
- Disclaimer
- The contents of the TriSpecs website are provided on an as is basis, without warranty of any kind, neither expressed or implied, including without limitation, warranties of merchant ability or fitness for a particular purpose. You use TriSpecs’s site at your own risk and you assume all responsibility. TriSpecs will not be responsible for any damages you may suffer as a result of your use from this site.
To contact us regarding any legal issue, please email our legal department.
Terms of Sale
Terms of Sale ("Terms") apply to the sale of products and services (collectively, "Products") by TriSpecs Inc. throughout www.TriSpecs.com, (the “Site”). For terms not defined herein see Terms of Service. By purchasing any Product from TriSpecs, you agree to the Terms in this document.
- Price and Payment
- You agree to pay the price for the Product(s) you order, as specified on the Site. All prices are quoted on the Site exclusive of federal, state, or local excise, sales, use, or similar taxes, or any export or import fees, customs duties and similar charges applicable to the sale or to the products sold, except taxes based upon TriSpecs’ net income ("Taxes"). TriSpecs may collect Taxes with respect to certain jurisdictions. You agree to pay any and all Taxes, applicable shipping and handling fees, and other charges incidental to the purchase or sale of the Product. Without limiting other remedies, TriSpecs reserves the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
- Orders; Delivery; Title, and Risk of Loss
- Your order is subject to cancellation by TriSpecs, in its sole discretion. Any order is subject to cancelation for any or no reason. TriSpecs is not responsible for any, pricing, typographical, or other errors in any offer by TriSpecs and reserves the right to cancel any orders resulting from such errors. Delivery dates are to be used as estimates only. Delivery of each order is subject to availability of the Products and other factors. TriSpecs may deliver partial shipments. The risk of loss and title to Products passes from TriSpecs to you upon shipment from our facility or our affiliate’s facility.
- Acceptance and Returns
- Pursuant to the terms of this Section, you may return any Product purchased through the Site, for any reason or no reason, within thirty (30) days of the date the Product is purchased. You must obtain an RMA (return merchandise authorization) before returning or exchanging your Product, for which you will need a receipt and proof of purchase. You may request an RMA by sending a message via our contact form or via email (Store@TriSepcs.com Subject: Returns) within thirty (30) days after purchase. You must follow the RMA return procedures provided by TriSpecs. You must pay any costs of shipping and insuring the Product to TriSpecs. After TriSpecs has received your return the items TriSpecs will inspect and confirm that all components of the Product are included in your return and in new and unused condition, undamaged, and contain all original packing materials and included accessories and manuals. TriSpecs will refund you the amount you paid TriSpecs for the Product (excluding shipping and handling fees and other charges (restocking fees may apply - 15%). If we do not receive an RMA request from you within thirty (30) days after the ship date, the Product will be deemed to be irrevocably accepted by you.
Warranty
- Limited Warranty
- TriSpecs provides a limited one year warranty on Products purchased through the Site, as described in the Warranty section. EXCEPT AS PROVIDED ON OUR WARRANTY SECTION (WHICH IS HEREBY INCORPORATED INTO THESE TERMS), TRISPECS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFIRNGEMENT, SYSTEM INTEGRATION, QUIET ENJOYMENT, AND ACCURACY.
- Limitation of Liability
- IN NO EVENT SHALL TriSpecs OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, EVEN IF TriSpecs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY LOSS OF REVENUE, LOSS OF CUSTOMERS, LOSS OF GOODWILL, OR LOSS OF PROFITS, ARISING OUT OF OR IN RELATION TO THESE TERMS, WHETHER ARISING UNDER CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN NO EVENT SHALL TriSpecs’ TOTAL, CUMULATIVE LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM. MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY HEREIN.
- General
- If any provision hereof is held invalid, unenforceable or void in any respect, such provision shall be construed so as to render it enforceable and effective to the maximum extent possible, and the validity and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. You agree to adhere to all legal requirements applicable to the Products, including U.S. export laws. The parties are independent contractors and nothing herein shall be construed to imply a partnership, joint venture, principal-agent, or employer-employee relationship between the parties. Neither party shall have the right, power, or authority to create any obligation, expressed or implied, on behalf of the other party. You may not assign, by operation of law or otherwise, any of its rights, or delegate any of its duties, under this Agreement to any third party without TriSpecs's prior written consent. Any assignment, delegation or transfer in violation of the foregoing will be null and void. This Agreement constitutes the entire agreement between the parties as to the subject matter hereof and supersedes and merges all prior or contemporaneous oral or written agreements, representations, statements, negotiations, understandings, proposals, and undertakings with respect to the subject matter of this Agreement.
- Warranty info
- You must produce the Warranty Card enclosed in the TriSpecs package and the original proof of purchase when attempting servicing the product. In the event that this document cannot be produced, service charges together with part replacement charges will be applicable and the Consumer will be charged accordingly. To benefit from the limited warranty, you are advised to read Limited Warranty term provided overleaf together with the important End User Terms, Safety Information and Proper Care & Maintenance sections provided in the User Guide.
- Limited Warranty Terms
- TriSpecs warrants that this eyewear and/or genuine accessory ("Product") is free
from defects in material and workmanship, according to the following terms and conditions:
- The limited warranty for this Product extends for ONE (1) YEAR from the date of purchase. There is NO WARRANTY coverage for batteries.
- The Limited warranty is only valid in United States of America.
- During limited warranty period, TriSpecs repairs or replaces, at TriSpecs' option, without charges for parts/labor, material defective product with new or refurbished parts or Product, and return such repaired Product to the Consumer in working condition. All replaced parts and equipment shall become property of TriSpecs. The external housing and cosmetic parts shall be free from defects at the time of shipment and shall not be covered under these limited warranty terms.
- Warranty is not valid for prescription lenses made by the customer. Customers are advice to remove, or replace any prescription lenses with the original lens that comes with the product before sending in for servicing.
- The following are not covered under this warranty:
- Damages resulting from abnormal use, abnormal condition, improper storage, exposure to moisture or dampness, exposure to excessive temperature or other such environmental conditions.
- Defects and damage arising from unauthorized modifications, unauthorized connections, unauthorized repair including but no limited to use of unauthorized spare parts in repairs, misuse, neglect, abuse, accident, alternation, improper installation.
- Damages, losses, defects or malfunction as a result of fire, flood or other Acts of God, spill of foods or liquids, maladjustment of consumer controls and other acts which are beyond of reasonable control of TriSpecs including deficiencies in consumables parts such as fuses and breakage or damage to antennas, unless caused directly by defects in workman-ship or materials.
- Normal wear and tear, liquid damages, rusting or stains. Scratches and damages to the outer surface areas and externally exposed parts that are due to normal customer use.
- The Product was used with or connected to accessory not supplied by Tri-Specs, not fit for use with the eyewear or used in other than its intended use.
- TriSpecs shall not be liable for incidental or consequential damages physically and otherwise or a loss of anticipated benefits or profits, loss or impairment of privacy of conversations, works stoppage or loss impairment of data arising out of use or inability to use of the Product.
- Warranty information, product features and specifications are subjected to changes without prior notice.
To contact us regarding any legal issue, please email our legal department.
