New User Registration
Agreement and Disclosure Statement
This agreement (Agreement is made and entered between the Customer (Customer,you,or yours who applies for e-Order Services. The Customer agrees to be bound by the Agreement, if the Customer has applied for, and accepted or used the Lab e-Order Services. The Customer is an existing customer of the Lab, and Customer represents that it has the necessary equipment and telephone line to receive the contemplated facsimile or e-mail transmissions from the Lab.
The Customer authorizes the Lab to transmit facsimile or send e-mail, to a facsimile machine or personal computer of the Customer designation, a transcript statement (“Transcript Statement? pertaining to the previous business day work-in-process per Customer order request, between the hours of 6:00 a.m. and 10:00 a.m., Pacific Standard Time, and on a daily basis (Monday through Saturday, except Holidays) until the service is terminated. In addition, all e-Order Services are subject to the provisions on the Customer account Credit Application, and any other agreement, which is applicable to the Customer account.
TERMS & CONDITIONS
This Agreement shall continue and remain in force and effect until it is terminated. The Lab or the Customer shall have the right to terminate this Agreement for cause or for no cause. If termination is by Customer it shall be only upon written notice to Lab. Lab may terminate this Agreement without notice, at any time. The e-Order Services shall begin on the second business day following the full execution and delivery of this Agreement.
For purposes of this Agreement, our business days (“Business Day(s)? are Monday through Saturday, excluding Sunday and Holidays.
An “account?is one where the account holder is engaged to sales of eyewear including italee products.
The specific categories of information to be provided in the Transcript Statement are: account number, account name, job order number, date of transaction, and description of transaction. Each Transcript Statement will reflect information as of the previous business day of transmission. You will be deemed to have received each Transcript Statement as of our transmission.
DISCLOSURE OF INFORMATION
In the ordinary course of business, the Lab may disclose information to third parties about the Customer account(s) or the transactions the Customer makes.
A. Where it is necessary to complete transactions to or from the Customer account(s) or to resolve errors involving them; or
B. In order to verify the existence and condition of the Customer account(s) for a third party, such as a credit bureau or a merchant; or
C. If the Customer gives the lab written permission.
FEES FOR e-ORDER SERVICES
The e-Order Services shall be provided at a fee free. Other fees, as described in the Credit Application, which govern the Customer relationship may apply.
DUTY TO REVIEW
You agree to review each Transcript Statement upon receipt. You agree to notify us immediately if you think there is an error or an unauthorized transaction shown on your Transcript Statement. If we transmit a Transcript Statement, which contains or discloses an unauthorized order or an alteration, you must notify us promptly of that fact, but no later than 3 days after we transmit the Transcript Statement to you. If you do not, we may refuse to reimburse you for subsequent unauthorized transactions by the same wrongdoer(s). If you claim a credit or refund because of a forgery, alteration or any other unauthorized order, you agree to provide us with an affidavit containing whatever reasonable information we require concerning your account, the transaction and the circumstances surrounding your claim. You also agree to make a report to the police and provide us with a copy of the report upon our request. You assume full responsibility for monitoring and reviewing the activity of your account and the work of your employees and agents.
CANCELLATION OF ORDERS
We will not be responsible for failure to cancel the order if we have already shipped the item, or if we do not have a reasonable opportunity to respond to and process your cancellation of order.
LIMITATION ON LIABILITY
Notwithstanding the foregoing, you understand that by providing the Information for your review, we are not making any representations or warranties regarding whether the items reflected will or will not ultimately charge against your account. Furthermore, we well not be liable in the event the Information fails to list every order received for payment against your account.
LIABILITY FOR FAILURE TO TRANSMIT
Except as specifically provided in this Agreement or where the law requires a different standard, the Customer agrees that the Lab shall not be responsible for any loss, property damage, or bodily injury, whether caused by the equipment, transmission, or the Lab in providing the e-Order Services. The Lab shall not be responsible for any direct, indirect, special, or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment or transmission or provision of the e-Order Services. If the Lab does not complete an electronic transmission on time according to the Agreement, the Lab shall not be liable for the Customer losses or damages, for instance:
A. If circumstances beyond the Lab control (such as fire, flood, labor dispute, or power or computer failure) to prevent the electronic transmission from being completed, despite reasonable precautions that the Lab has taken.
B. If the Customer account(s) has been placed a hold due delinquency, closed or if the Customer‘s e-Order Services Agreement has been cancelled.
C. If the Lab does not receive the information necessary to complete the e-Order Services.
RIGHT OF REFUSAL
The Lab reserves the right to refuse to honor any order request for any reason, including but not limited to, refusal because the order request looks suspicious or counterfeit, or appears to have been altered.
In consideration for our providing the Service to you, you agree to defend, indemnify and hold us, and our officers, directors, agents and employees, harmless against any and all liability, actions, losses, costs, damages or expenses, including attorney fees and expenses, which we may sustain or incur by reason of, or in consequence of providing the Services in accordance with this Agreement.
The Lab reserves the right to change this Agreement from time to time. The Lab may delete, add to, modify, or otherwise change the e-Order Services in whole or in part. Notice will be given to the Customer promptly before the effective date of such deletions, additions, or modifications that will raise the costs to the Customer of providing the e-Order Services. No advance notice is required, however, if such deletions, additions, modifications, or otherwise change is made for security reasons. The Customer agrees to be bound by such deletions, additions, and modifications until termination of the Agreement.
OTHER AGREEMENTS, RULES & REGULATIONS
In addition to this Agreement, the Customer agrees to be bound by and will comply with the requirements of the applicable Credit Application, the Lab policy, and applicable state and federal laws and regulations.
If the Customer account is a joint account, each separately, and both of the Customers together are responsible for complying with the Agreement (called “joint and several liability?.