Terms and Conditions
Terms of Use
Night Vision Devices, Inc. provides its online services to you subject to the following terms of use. By visiting this website, you accept these terms of use. These Terms and Conditions shall apply to all sales and supply of products made and services provided (“Products”) by Night Vision Devices, Inc.
Copyright
The entire content included in this site, including but not limited to text, graphics, logos, service names, page headers, button icons, images, digital downloads, data compilations, scripts, customer reviews, and software is copyrighted as a collective work under the United States and other copyright laws, and is the property of Night Vision Devices, Inc. The collective work includes works that are licensed to Night Vision Devices, Inc., Copyright 2022, Night Vision Devices, Inc., ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Night Vision Devices, Inc. or purchasing Night Vision Devices, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Night Vision Devices, Inc. or to purchase Night Vision Devices, Inc. products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited unless authorized by Night Vision Devices, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Night Vision Devices, Inc. used in the site are trademarks or registered trademarks of Night Vision Devices, Inc.
Other Trademarks
Trademarks appearing on this website that are not owned by Night Vision Devices, Inc. are the property of their respective owners, who may or may not be affiliated with Night Vision Devices, Inc.
Intellectual Property
All rights and interest to the inventions, information, technical data or drawings, copyrights rights, patent rights, trademark rights, know-how, trade secrets, related intellectual property, intangible and proprietary rights throughout the world, relating to the Products or disclosed to the Buyer in connection with any order or proposal, are the exclusive property of Night Vision Devices, Inc. All tooling and methods used in the assembly and manufacture of Products shall be the sole and exclusive property of Night Vision Devices, Inc.
The Buyer shall not (a) decompile, reverse engineer, disassemble, trace or otherwise analyze the Products, their content, operation, or functionality; or (b) modify, adapt, or translate the Products, nor create derivative works based on the Products.
Product Warranty
Our full warranty statement can be found here.
Repairs within Warranty Period
The Buyer must contact Night Vision Devices, Inc. or its authorized distributor within the applicable warranty period to obtain a Return Merchandise Authorization (RMA) number. Dated proof of original purchase from Night Vision Devices, Inc. or its authorized distributor and a detailed description of the defect will be required. Products sent in for warranty service must be clean, decontaminated and free of mildew. Night Vision Devices, Inc. is not responsible for Products or parts thereof received without an RMA, or not clean, decontaminated, or free of mildew, and is entitled to return them to the Buyer at Buyer’s cost and expense. Products shall be packed in the original shipping container or in a manner substantially equal to the original protective packing used by Night Vision Devices, Inc. or Night Vision Devices, Inc.’s dealer or distributor The Buyer must ship the defective Products and/or parts thereof at its own cost and expense to Night Vision Devices, Inc. or designated work shop while repaired or replacement Products and/or parts will be shipped to the Buyer at Night Vision Devices, Inc. cost and expense. Such repaired Products or parts thereof will be shipped as soon as reasonably possible. Night Vision Devices, Inc. shall, at its sole discretion, decide on the place of performance for work under warranty. For Products and/or parts thereof forming part of a fixed installation, such place of performance shall be the site of such installation and Night Vision Devices, Inc. shall have the right to charge for additional costs for such services under warranty if the site of such Product and/or part is different from where such Product and/or part was originally installed or shipped.
Cost of appraisal of Products that are alleged to be defective shall be borne by the Buyer if the alleged defect cannot be identified under reasonable conditions by Night Vision Devices.
Once the warranty period has lapsed, the Buyer may turn in the Product for repair and/or maintenance work after obtaining an RMA from Night Vision Devices, Inc. indicating the work shop where the Product is to be shipped to at the Buyer’s cost and expense. Night Vision Devices, Inc. is not responsible for Products or parts thereof received without an RMA number. Night Vision Devices, Inc. shall submit a Quotation to the Buyer prior to starting the repair or maintenance work. Cost of appraisal of Products that are alleged to be defective shall be borne by the Buyer (i) if the alleged defect cannot be identified by Night Vision Devices, Inc. and/or (ii) if the Buyer decides not to carry out the repair or maintenance work after the receipt of the Quotation from Night Vision Devices, Inc.
Alterations and Discontinuation of Products, Technical Documents
Night Vision Devices, Inc. reserves the right to modify the design, configuration or specifications of equipment ordered by the Buyer; however, such modifications will not materially affect the performance, form, fit or function. Additionally, Night Vision Devices, Inc. reserves the right to discontinue the manufacture of a Product or the provision of a service at any time with immediate effect.
Obsolescence of Parts
While Night Vision Devices, Inc. intends to provide parts in accordance with original design requirements, Night Vision Devices, Inc. reserves the right to make part substitutions provided the substituted part has the same form, fit and function as the item it replaces.
Limitation of Liability
Night Vision Devices, Inc. shall not be liable for any loss, damage, cost of repairs, incidental or consequential or special damages of any kind whether or not based upon express warranty or implied warranty (except for the obligations assumed by Night Vision Devices, Inc. under the Product Warranty Clause), contract, negligence, or strict liability, or other legal or equitable theory, arising in connection with the design, manufacture, sale, use or repair of the product. In no event will Night Vision Devices, Inc. be liable to Buyer for any amount in excess of the purchase price of the product which proves to be defective.
Indemnification
You agree to indemnify, defend, and hold harmless Night Vision Devices, Inc., its parents, subsidiaries and affiliates, and their respective directors, officers, employees, representatives, licensors and suppliers (collectively the “Service Providers”) from and against all claims, suits, losses, obligations, causes of action, damages and expenses (including attorney’s fees) relating to or arising out of any use of the Products by the Buyer, or relating to or resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Compliance
The Buyer agrees to comply in all respects with applicable provisions of the Foreign Corrupt Practices Act of 1997 (Public Law 95- 213) of the United States of America, which prohibits the making or offering of a bribe, kickback or payoffs to government officials, rebates to suppliers or subcontractors, violations of customs or currency control laws and violations of national laws or regulations. The Buyer agrees to save, hold harmless and indemnify Night Vision Devices, Inc. from Buyer’s violations thereof.
Certain Products manufactured and/or distributed by Night Vision Devices, Inc. contain lasers that may present a risk to health and safety and are regulated by the FDA and DOD. The Buyer agrees to resell or distribute such regulated Products in strict accordance with these agencies’ requirements. The Buyer agrees to ensure that manuals, labels and other safety information provided by Night Vision Devices, Inc. are forwarded with the Products to subsequent purchasers or users. The Buyer agrees to provide proof of appropriate end-user information and other documentation as required.
Confidentiality
The following information is deemed to be Confidential Information: (a) the existence and terms of this Order (provided that NVD and the Buyer may agree to issue a press release identifying that they have concluded an arrangement, without identifying or expressing the terms of this Order); (b) any and all business, technical and other information which is identified or labeled as “Proprietary” or “Confidential,” whether written, oral or otherwise furnished and shall include, but not be limited to all data, reports, interpretations, forecasts and records which Receiving Party or its respective agents or employees shall have been furnished or had access to heretofore or hereafter in the course of Night Vision Devices, Inc’s. and the Buyer’s discussions. Confidential Information shall also include information received as a result of plant tours, demonstrations or other visual or audio presentations or verbal disclosures that the Disclosing Party indicates in writing to the Receiving Party no later than thirty (30) business days after conveying such information that it is Confidential Information. The parties will observe and adhere to the following obligations regarding Confidential Information. Both Night Vision Devices, Inc. and the Buyer shall: (a) limit the dissemination of Confidential Information to persons within its direct employment having a need for access, and who are informed of the obligations of confidentiality and non-use imposed by this Agreement; (b) protect Confidential Information from disclosure to third parties with at least the same degree of care (but no less than a reasonable degree of care under the circumstances) as it uses to protect its own Confidential Information of like kind from unauthorized use or disclosure; and (c) use Confidential Information only for the purpose of internally administering or enforcing this Order.
Visitor-Supplied Content
Visitors to this website may send emails and other communications to Night Vision Devices, Inc. as long as the content is not illegal, obscene, threatening, defamatory, objectionable, invasive of privacy, infringing of intellectual property rights, or injurious to third parties.
Your online communications to Night Vision Devices, Inc. are not permitted to contain or consist of software viruses, commercial solicitation, chain letters, mass mailings, political campaigning, or any form of spam. You may not use false email address, impersonate any person or entity, or otherwise mislead as to the origin of an email or other content. Night Vision Devices, Inc. reserves the right to remove or edit such submitted content.
Night Vision Devices, Inc. is not responsible for liable or any content you post. You will indemnify Night Vision Devices, Inc. as per our Indemnification Clause stated above for any claims resulting from content you supply.
Reliability of Content
Night Vision Devices, Inc.’s intent is that the content on our website is as accurate as possible. However, we do not warrant that content of this website is accurate, complete, reliable, current, or error-free.
Typographical Errors
In the event that a Night Vision Device, Inc.’s product is mistakenly listed at an incorrect price, Night Vision Devices, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Night Vision Devices, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Night Vision Devices, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Third-Party Links/Affiliates
To provide increased value to our visitors, Night Vision Devices, Inc. may link to sites operated by third parties/affiliates. Even though a Third-Party may be affiliated with Night Vision Devices, Inc., Night Vision Devices, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Night Vision Devices, Inc. These linked sites are provided for your convenience and therefore you access them at your own risk. Nonetheless, Night Vision Devices, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). Please carefully review all privacy statements and terms of use.
Night Vision Devices, Inc. does not sell or make public availability of its customers, sales, or any other transactions to a Third-Party.
Delivery
Night Vision Devices, Inc. will use its best effort to fill all orders. However, orders will be processed in accordance with the U.S. Government’s Defense Priorities and Allocation System (DPAS) which requires that DPAS-rated orders take precedence over all non-rated orders. If any conditions arise which prevent compliance with delivery schedules, Night Vision Devices, Inc. shall make its best effort to advise of any delay in delivery. The Buyer agrees that Night Vision Devices, Inc. shall not be liable for any damages, general, consequential, or otherwise as a result in delay in delivery, or for failure to give notice of any delay in delivery.
Inspection
Night Vision Devices, Inc. shall perform inspections, quality control and production tests in accordance with its normal standards and procedures.
Shipping / Free Shipping / Flat Fee
All orders are shipped using UPS Ground (signature required) to anywhere within the United States. There are no expedited shipping options available at this time (ex: 2-Day, Overnight, etc.).
Shipments are F.O.B. Origin (Whitehall, PA). All orders are shipped in a single shipment regardless of stock status. Partial orders can be arranged; however, a request will need to be made from the customer along with payment required in advance for all partial orders.
FREE Shipping on orders over $2,000.
$24.95 Flat Shipping Fee for all orders under $2,000.
Taxes
Purchases in the State of Pennsylvania will include an additional sales tax fee. All other states in the Continental U.S. do not require sales tax charges and fees.
Changes
The Buyer may at any time request changes to the order within the general scope of work called for. If such changes cause an increase or decrease in the price of the Products sold, the Buyer shall be notified to this effect, and Night Vision Devices, Inc. shall not be obligated to proceed with such changes until it receives a written change order and agrees in writing to accept such change. Night Vision Devices, Inc. shall also be entitled to an extension of the delivery schedule as a result of such change(s).
Order Cancellation
Orders accepted by Night Vision Devices, Inc. are not subject to cancellation by the Buyer except with written consent of Night Vision Devices, Inc. In the event of cancellation, the Buyer will be advised of applicable cancellation charges, which may include charges for raw material, work in process and finished goods applicable to the Order, together with applicable overhead and allowance for profit. In addition, the Buyer will reimburse Night Vision Devices, Inc. for any expenses incurred by Night Vision Devices, Inc. specifically for the Buyer Order fulfillment.
Packing, Packaging, and Marking
Night Vision Devices, Inc. will package and label items for shipment in accordance with Night Vision Device, Inc.’s standard commercial practice.
The following events shall constitute force majeure under any resulting Contract: (a) acts of God or of a public enemy; (b) acts of Government; (c) fires; (d) floods; (e) epidemics; (f) quarantine restrictions; (g) strikes; (h) work stoppages; (i) freight embargos; (j) unusually severe weather conditions; (k) failure of the U.S. Government to issue or the withdrawal of any required export authorization(s) or permit(s) necessary to perform this Purchase Order and (k) other events entirely beyond the control and without fault or negligence of Night Vision Devices, Inc. or the Buyer that may impact performance. Night Vision Devices, Inc. or the Buyer shall give the other notice, as soon as reasonably possible, that such Night Vision Devices, Inc. or Buyer claims a Force Majeure condition that would prevent Night Vision Devices, Inc. or the Buyer from performing its obligations hereunder, and of the cessation of the condition. Night Vision Device, Inc.’s or the Buyer’s notice under this clause shall include Night Vision Devices, Inc.’s or the Buyer’s good faith estimate of the likely duration of the Force Majeure condition.
Disclaimer of Warranties and Limitation of Liability
This website is provided by Night Vision Devices, Inc. on an as-is and as-available basis.
We make no representations or warranties of any kind, express or implied, as to the operation or content of this website. Night Vision Devices, Inc. does not represent or warrant that this website, its servers, or email sent from this URL are free of viruses or harmful components, that the defects will be corrected, or that that the functions contained in the site will be uninterrupted or error-free.
Night Vision Devices, Inc. will not be liable for damages of any kind in connection with the use of this website. You expressly agree that your use of this website is entirely at your own risk.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Factory Warranty information is provided, where applicable, for individual products in their item descriptions listed on the site.
Applicable Law and Dispute Resolution
Your use of this site shall be governed in all respects by the laws of the state of Pennsylvania, U.S. without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Night Vision Devices, Inc. products) shall be in the state or federal courts located in Pennsylvania. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Night Vision Devices, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Night Vision Devices Inc.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between Night Vision Devices, Inc. or the Buyer nor trade practice shall act to modify any of these terms and conditions. Night Vision Devices, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Export Control
The Buyer hereby acknowledges receipt of notice that some or all of the items and/or technical data provided or exchanged pursuant to this Order falls under the export control of International Traffic in Arms (ITAR) regulations, 22 CFR sections 120 – 130, or the Export Administration Regulations (EAR), 15 CFR sections 768 – 799. The Buyer acknowledges that these statutes and regulations impose restrictions on the import, export, and/or transfer to foreign persons or entities of certain categories of items or technical data and that licenses from the U.S. Department of State and/or the U.S. Department of Commerce may be required before such items or technical data can be provided to non-U. S. Persons. Accordingly, the Buyer shall not disclose, provide or export such items and/or information to any foreign person or entity, whether within the U.S. or abroad, without obtaining appropriate export authorization in advance. The Buyer understands and acknowledges its awareness that intentional violation of such export requirements may constitute a crime.
Severability
If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be severable and will not affect the validity and enforceability of any remaining condition.
Modification of Website, Privacy Policy, or Terms of Use
Night Vision Devices, Inc. reserves the right to make changes to our Website, Privacy Policy and Terms of use at any time.
Independent Relationship
Unless explicitly set forth in a separate agreement, the relationship of the sale is that of Buyer and Seller and will act at all times as an independently on behalf of their own account. Neither Night Vision Devices, Inc. nor the Buyer may represent or hold itself out as an agent or representative of each other. Neither Night Vision Devices, Inc. nor the Buyer have any authority to, and is expressly prohibited from, creating or assuming any obligation on behalf of the other, and from otherwise making or extending any representation, warranty, guarantee, or other commitment for or on behalf of the other.
General
The terms and conditions outlined herein are severable and the invalidity, illegality or unenforceability of any one or more these provisions shall not affect the validity and enforceability of any other provisions. If any provision outlined herein is declared to be invalid, illegal, or unenforceable, both Night Vision Devices, Inc. and the Buyer agree that the court of competent jurisdiction should substitute a valid and enforceable provision that, to the maximum extent possible in accordance with all applicable law, preserves the legal and economic positions of each Party as originally intended.
The Buyer shall not assign or otherwise transfer, whether by contract, operation of law or otherwise, the Order or any of the rights or duties set forth herein without the prior written consent of Night Vision Devices, Inc. which consent may be withheld by Night Vision Devices, Inc. in its sole discretion.
Any provisions of an Order that by their nature are intended to survive any expiration or termination will survive expiration or termination of the Order for any reason.