ONE-YEAR LIMITED WARRANTY
What is Covered
GSRx, Inc. d/b/a Proper Optics (“Proper Optics”) warrants the Proper Optics eyewear products purchased in the United States online at www.properoptics.com (the “Website”) against defects in factory-supplied materials and/or factory workmanship, subject to the limitations set forth in this Limited Warranty. Please read this Limited Warranty carefully when purchasing Proper Optics eyewear products.
This limited warranty extends only to the original consumer purchaser (after this, “you” or “your”) and can’t be assigned or transferred to anyone else. If you purchased your Proper Optics product in the United States online at the Website, you may obtain coverage under this limited warranty. If you purchased Proper Optics product somewhere else, this limited warranty doesn’t apply.
What is Not Covered
This limited warranty doesn’t cover any problem caused by (i) commercial use, (ii) normal wear and tear, (iii) misuse, accident (including but not limited to collision, fire, and spilled food or liquid), neglect, theft, abuse, alteration, unusual stress, modification, improper or unauthorized repair, or improper storage, or (iv) any eye exams or other medical expenses associated or resulting from the defect or in obtaining replacement eyewear. This limited warranty is void if a product is returned with removed, damaged or tampered labels or any alterations. PROPER OPTICS DOES NOT WARRANT AGAINST ANY SCRATCHED, FRACTURED, OR SHATTERED LENSES. Also, consequential, indirect, and incidental damages are not recoverable under this warranty, including, but not limited to, any delay in rendering service under this limited warranty or loss of use during the period that the Proper Optics eyewear product is being repair or otherwise awaiting parts.
The warranty period is one (1) year from documented date the original consumer purchaser purchased the Proper Optics eyewear product.
What You Must Do
Proper Optics will provide warranty coverage if your warranty claim complies with all terms of this limited warranty and you follow the return procedure below. If you don’t follow the return procedure, you can’t obtain warranty coverage.
To obtain warranty service for your Proper Optics eyewear product purchased in the United States on the Website, please call us at 480-748-4548 or email [email protected] to obtain a Return Material Authorization (“RMA”) and prepaid UPS return shipping label. When contacting Proper Optics via telephone, other charges may apply depending on your location.
If your claim is covered by this limited warranty, Proper Optics will pay the cost of shipping the product back to you after the warranty service is completed.
Any product returned to Proper Optics without a valid warranty claim, without an RMA, or without proof of purchase may be rejected, returned to you at your cost or kept for a period of 30 days. If after 30 days you have not paid for the cost of return shipping, Proper Optics may dispose of your product in its sole discretion after notifying you by phone or email that it intends to do so and giving you a final opportunity to make arrangements for return shipping. By sending a product for warranty service or replacement, you agree to transfer ownership of the original product to Proper Optics at the time at which it arrives at our warehouse if Proper Optics determines that replacement is appropriate.
What Proper Optics Will Do
If Proper Optics authorizes you to return your product to Proper Optics and your claim is covered by this limited warranty, Proper Optics will decide whether to, in its sole discretion (i) repair free of charge the defective product, or (ii) replace the defective product. If a product is replaced, Proper Optics will decide, in its sole discretion, whether to replace it with a new or remanufactured product. Repaired or replaced products will be warranted for the remainder of the original product warranty or ninety (90) days, whichever is greater.
Disclaimer of Additional Warranty
This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state. This limited warranty does not affect any additional rights you have under laws in your jurisdiction governing the sale of consumer goods. TO THE EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, PROPER OPTICS DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, OR INFRINGEMENT. IF PROPER OPTICS CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN, TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation of Liability
EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL PROPER OPTICS, OR ITS AFFILIATES, MANUFACTURERS, SUPPLIERS, RESELLERS, OR DISTRIBUTORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE OR RESPONSIBLE FOR, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY OR FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, INTERRUPTION OF OR LOSS OF BUSINESS, LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF REVENUE, LOSS OF THE USE OF MONEY, LOSS OF ANTICIPATED SAVINGS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, OR COSTS OF REPLACEMENT OF EQUIPMENT OR PROPERTY, BODILY INJURY OR DEATH. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The total cumulative liability to you, from all causes of action and all theories of liability, will be limited to and will not exceed the purchase price of the Proper Optics eyewear product paid by you.
The laws of the State of Arizona govern this limited warranty. In the event of any dispute regarding this limited warranty, each party hereto submits to the exclusive jurisdiction of the state and federal courts located in Maricopa County in the State of Arizona, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Nothing herein will affect the right of any party to serve legal process in any other manner permitted by law. If any legal action or other proceeding is brought in connection with this limited warranty, the prevailing party will be entitled to recover reasonable attorneys’ fees, accounting fees, and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS LIMITED WARRANTY. Each party further agrees that this limited warranty may not be extended, altered or waived except in writing signed by an authorized officer of Proper Optics. ANY ACTION FOR BREACH HEREUNDER MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. Proper Optics shall be entitled to recover legal fees, costs and expenses in defending and enforcing this limited warranty against you and others.
This limited warranty is provided by GSRx, Inc. d/b/a Proper Optics.