Warranties and Liabilities

10.       Warranties

10.1    You warrant that:

(a)       you have sought the advice of your optometrist or ophthalmologist regarding your visual requirements before ordering products on our Site;

(b)       if you are ordering contact lenses, you have not been advised by a doctor not to wear contact lenses, or to stop wearing the prescribed contact lenses;

10.2     To the maximum extent permitted by law, we do not warrant that:

(a)        the Products we supply will meet your requirements or are fit for any particular visual task;

(b)        the visual acuity that you will achieve with the Products;

10.3      To the maximum extent permitted by law, we exclude all representations, warranties, terms and conditions, whether express or implied (and including those implied by statute, custom, law or otherwise), except as expressly set out in these terms of trade.

11.       Liability.

11.1     To the maximum extent permitted by law:

(a)       we have no liability to you for any consequential, indirect, special, economic or incidental loss or damage, or loss of profits, however caused (including by breach of contract, negligence, other tort or breach of statute), which is suffered or incurred in connection with or relating to this agreement or otherwise arising out of the relationship between the parties, whether or not we were aware or should have been aware of the possibility of such loss or damage.

(b)       our total liability to you for any and all loss claims, losses, costs, expenses and damages, legal costs and disbursements on a solicitor and own client basis, sustained or incurred, whether directly or indirectly or consequentially or in any other way (including consequential loss to the extent it cannot be excluded under clause 11.1), however caused (including by breach of contract, negligence, other tort or breach of statute), which is suffered or incurred by you in connection with or relating to any order or otherwise arising out of the relationship between the parties created thereunder, is limited to the amount paid under the applicable order.

11.2     Each obligation of a party, other than the obligation to pay money, will be suspended during the time and to the extent that the party is prevented from or delayed in complying with that obligation by a circumstance beyond the reasonable control of the party including labour disputes, fire, floods, explosions, riots, civil disturbances, war, terrorism, unforeseeable weather conditions, natural disasters, direct government action or regulation, or acts of God that renders impossible a party's ability to perform its obligations under this Agreement.

11.3     Goods purchased from our Site are subject to New South Wales law only.
Nothing in these terms and conditions is to be taken to exclude or restrict any rights which applicable law grants to you in respect of such goods. Individual goods may be the subject of additional warranties or guarantees given by their manufacturers directly to you. 

11.4     The above exclusions of liability shall not apply to any damages arising from personal injury or death where they result from our negligence or the negligence of our servants and agents in the course of their duty.