PURCHASE ORDER TERMS AND CONDITIONS
THESE PURCHASE ORDER TERMS AND CONDITIONS (THESE “TERMS”) GOVERN THE PURCHASE BY EYECARE PARTNERS, LLC (OR ITS AFFILIATE IDENTIFIED AS “BUYER” OR “PURCHASER” IN THE WRITTEN PURCHASE ORDER) (“BUYER”), FROM THE SELLER IDENTIFIED IN THE WRITTEN PURCHASE ORDER, PROPOSAL, CONTRACT OR AGREEMENT WHICH ATTACHES, INCORPORATES OR REFERENCES THESE TERMS (THE “PURCHASE ORDER”; SAID SELLER, “SELLER”) OF ALL GOODS (“GOODS”) AND/OR SERVICES (“SERVICES) IDENTIFIED IN THE PURCHASE ORDER. THE PURCHASE ORDER IS AN OFFER TO PURCHASE IN ACCORDANCE WITH THESE TERMS, NOT AN ACCEPTANCE OF ANY OFFER. THE PURCHASE ORDER EXPRESSLY LIMITS SELLER’S ACCEPTANCE TO THE TERMS OF THE PURCHASE ORDER. THE PURCHASE ORDER IS NOT BINDING ON BUYER UNTIL SELLER ACCEPTS THIS AGREEMENT IN WRITING OR BY STARTING TO PERFORM IN ACCORDANCE WITH THE PURCHASE ORDER. UPON SELLER’S ACCEPTANCE, THE PURCHASE ORDER, TOGETHER WITH ALL DOCUMENTS SPECIFICALLY REFERENCED IN THESE TERMS OR THE PURCHASE ORDER (COLLECTIVELY, THIS “AGREEMENT”), WILL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN BUYER AND SELLER, SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS UNDERSTANDINGS, AGREEMENTS, NEGOTIATIONS, DISCUSSIONS, COMMUNICATIONS AND DEALINGS, WHETHER WRITTEN OR ORAL, WITH RESPECT TO THE SUBJECT MATTER OF THE PURCHASE ORDER, AND MAY NOT BE MODIFIED OR TERMINATED EXCEPT BY A WRITING SIGNED BY SELLER AND BUYER. SELLER’S ACCEPTANCE OF THE PURCHASE ORDER WILL BE EFFECTIVE ONLY IF IT CONTAINS NO ADDITIONAL TERMS. ANY TERMS CONTAINED IN ANY QUOTATION, ACCEPTANCE, INVOICE OR OTHER FORM OR DOCUMENT PREVIOUSLY OR HEREAFTER SUPPLIED BY SELLER TO BUYER (COLLECTIVELY, “SELLER DOCUMENTS”), WHICH ARE IN ADDITION TO OR DIFFERENT FROM THIS AGREEMENT ARE EXPRESSLY OBJECTED TO AND HEREBY REJECTED, AND SHALL NOT BE BINDING ON BUYER NOR PART OF THE CONTRACT OR AGREEMENT BETWEEN BUYER AND SELLER. BUYER’S RECEIPT OF OR PAYMENT FOR THE GOODS OR SERVICES DESCRIBED IN THE PURCHASE ORDER WILL NOT BE CONSTRUED AS AN ACCEPTANCE OF ANY TERMS IN ANY SELLER DOCUMENTS.