Broken glasses and liability

hoxtonbabe

Hi,

So a couple months ago I had my usual eye test, and asked for my new lenses to be put into my current frames ( trying to save money and all) the frames are in good condition, never broken or repaired in two years, I get asked to sign a waiver stating if they break then it’s on me, I signed it as this is quite standard with this particular chain.

New lenses arrive and the opticians fit them into my frames, as soon as I put them on I could tell they were not quite right, but I gave it 2 weeks as they always recommend to get used to them, anyhoo they were just as bad on day one as they were on day 14, so off I go again to the opticians to get them looked at, they decide it’s probably because I didn’t have the pupil distance on them as to why they were fuzzy, they also did another test and said the readings were similar to the one they did 2 weeks prior so will do another set of lens, this time with the pupil distances, so 2 weeks later I get them back again and it’s made zero difference.

After a bit of questioning of other opticians and comparing previous prescriptions an optician manager ( but not an optometrist) from a totally different place said he was concerned by the number difference in my left eye as it isn’t normal to be that significant a jump or drop. He didn’t test my eyes he just used logic/experience. So I go back to my opticians and I get told to come in for a 3rd test. This time I’m armed with my previous prescription ( which is the same as the glasses I’m wearing into the store that they used to get a baseline of where to start with the new test) and it transpires that the two previous tests they carried out were incorrect /wrongly diagnosed hence why I was having issues and the numbers that the other person was concerned about and should have been picked up most certainly from the second test was indeed part of the problem, so I have been prescribed a new prescription and once again they have to make new lenses.

The cheeky manager after all this palava and not having glasses that are comfortable for 2 months says “the waiver that you signed in March still stands” but I was in such a rush to get out as my sons tutor was coming I just nodded my head and went off but then it dawned on me on the bus that whilst I was happy to accept this for one fitting, I wasn’t expecting them to be messing about with it 4 times ( one other time was when they popped out the lenses to check something on it) as the more chance of it snapping. Apparently I can’t get them done elsewhere as I have my nhs voucher attached which I can’t get again ( although I’m sure if they cocked it up there should be some kind of get out rather than being forced to stay with that company)

Would I be within my rights to tell them to replace if they break it, given the only reason it’s been handled more than it needed to was purely down to their mistake. I understand I signed the waiver but that was signed and dated for the first one and the subsequent lenses/frame fiddling (especially as it’s their fault) should now fall on them?

unholyangel

A bit premature is it not? I fiddle with my glasses often - remove both of the lens, nosepads etc and clean every nook and cranny. Never broken them yet - and I'm not a professional handling dozens/hundreds of pairs every day.

What exactly did the waiver say? I don't really understand why they got you to sign a waiver. They'd only be liable if they were negligent and they can't disclaim liability for that. The waivers pointless - other than potentially (depending on exactly what it said) misleading people into thinking they can't claim when they can.

sheramber

You say the waiver is standard for this chain so did you know about it beforehand.

When my husband's frame broke they gave him his choice of a new frame at no charge.

My optician does not fit the lenses. That is done by those making the lenses and they come back complete.

kirtondm

The waiver is pointless. Breakage is just a business cost to bear. If the frame is particaully valuable or expensive ( antique horn or something ) would refuse to relens.

We break prehaps one pair every 2 years. We cover the cost and supply a new frame or similar.

Decent frames do not break often at all.