ITAR COMPLIANCE

By ordering any product(s) from Night Vision Inc.’s website (www.nvincorporated.com), you certify that you, or third-party entities at your direction, will not sell, transport, ship or transfer outside the borders of the United States, nor to any foreign person*, any product(s) which are export-restricted by U.S. export-control law and regulation, without proper U.S. Government export authorization, licensing, and documentation.

You must indicate on your order if you intend for an item(s) to be exported. An indication of desire of exportation in no way compels Night Vision Inc. to assist with export in any way, before or after purchase of an item(s). Export, or attempt to export, any controlled or prohibited items outside of the U.S. without complying with U.S. export control regulations can result in severe civil and criminal penalties and/or constitute a federal crime. Night Vision Inc. will not participate in any transaction, directly or indirectly, involving the illegal export or re-export of any prohibited items.

“Foreign Person” under ITAR § 120.16 means “any natural person who is not a lawful permanent resident as defined by 8 U.S.C. § 1101 (a)(20) or who is not a protected individual as defined by 8 U.S.C. § 1324b(a)(3)”, and can mean “any foreign corporation, business association, trust, society, or any other entity or group that is not incorporated or organized to do business in the U.S., as well as international organizations, foreign governments, and any agency or subdivisions of government (e.g. diplomatic missions).”

IF YOU ORDER AN ITAR CONTROLLED PRODUCT AND ARE NOT A UNITED STATES CITIZEN OR HAVE A SHIPPING ADDRESS OUTSIDE OF THE UNITED STATES YOUR ORDER WILL BE CANCELED AND SUBJECT TO A 25% CANCELLATION/RESTOCKING/REFUND FEE. NO EXEMPTIONS.

 

 

WARRANTY

Product is guaranteed to be free from manufacturing defects in material and workmanship under normal use for the period stated in product descriptions. Products that were purchased as factory refurbished or as samples are not covered by warranty unless it is noted in sales agreement.

In the event a defect that is covered by the foregoing warranty occurs during the applicable period stated above, Night Vision Inc. at its option, will either repair or replace the product, and such action on the part of Night Vision Inc. shall be the full extent of Night Vision Inc.’s liability, and the Customer’s sole and exclusive remedy. All shipping expenses are born by the purchaser of product. This warranty does not cover a product (a) used in other than its normal and customary manner; (b) subjected to misuse; (c) subjected to alterations, modifications or repairs by the Customer of by any party other than Night Vision Inc., without prior written consent of Night Vision Inc.; (d) special order or “close-out” merchandise or merchandise sold “as-is” by either Night Vision Inc. or (e) merchandise that has been discontinued by the manufacturer and either parts or replacement units are not available due to reasons beyond the control of Night Vision Inc..

Night Vision Inc. shall not be responsible for any defects or damage that, in Night Vision Inc.’s opinion, is a result from the mishandling, abuse, misuse, improper storage or improper operation, including use in conjunction with equipment which is electrically or mechanically incompatible with or of inferior quality to the product, as well as failure to maintain the environmental conditions specified by the manufacturer.

THE CUSTOMER IS HEREBY NOTIFIED THAT OPERATION OF THE EQUIPMENT DURING DAYLIGHT HOURS OR UNDER ANY EXCESSIVE LIGHT CONDITIONS MAY PERMANENTLY DAMAGE THE INTERNAL COMPONENTS OF THE UNIT AND SAID DAMAGE WILL NOT BE COVERED UNDER THIS WARRANTY.

This warranty is extended only to the original purchaser. Any breach of this warranty shall be waived unless the customer notifies Night Vision Inc. within the applicable warranty period. The customer understands and agrees that except for the foregoing warranty, no other warranties written or oral, statutory, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, shall apply to the product. All such implied warranties are hereby and expressly disclaimed.

 

 

LIMITATION OF LIABILITY

Night Vision Inc. will not be liable for any claims, actions, suits, proceedings, costs, expenses, damages or liabilities arising out of the use of this product. Operation and use of the product are the sole responsibility of the Customer.

Night Vision Inc.’s sole undertaking is limited to providing the products and services outlined herein in accordance with the terms and conditions of this Agreement. The provision of products sold and services performed by Night Vision Inc. to the Customer shall not be interpreted, construed or regarded, either expressly or implied, as being for the benefit of or creating any obligation toward any third party of legal entity outside Night Vision Inc. and the Customer; Night Vision Inc.’s obligations under this Agreement extend solely to the Customer.

Night Vision Inc.’s liability hereunder for damages, regardless of the form or action, shall not exceed the fees or other charges paid to Night Vision Inc. by the customer or customer’s dealer. Night Vision Inc. shall not, in any event, be liable for special, indirect, incidental or consequential damages, including, but not limited to, lost income, lost revenue or lost profit, whether such damages were foreseeable or not at the time of purchase, and whether or not such damages arise out of a breach of warranty, a breach of agreement, negligence, strict liability or any other theory of liability.

 

 

TRADEMARKS AND CONTENT

All trademarks, service marks, and trade names of Night Vision Inc. used on the site are trademarks or registered trademarks of Night Vision Inc.

In terms of Third Party Links, and in an attempt to provide increased value to our visitors, Night Vision Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Night Vision Inc., Night Vision Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Night Vision Inc.. These linked sites are only for your convenience, and therefore, you access them at your own risk. Nonetheless, Night Vision Inc. seeks to protect the integrity of its own website, and the links placed upon it. Night Vision Inc. requests any feedback on not only its own site, but for sites it links to as well. Night Vision Inc. does not sell or make public availability of its customers, sales, or any other transactions to a 3rd party.

 

 

ERRORS AND INDEMNIFICATION

In the event that an item on the Night Vision Inc. site is mistakenly listed at an incorrect price, Night Vision Inc. reserves the right to refuse or cancel any orders placed for any product listed at the incorrect price. Night Vision Inc. reserves the right to refuse or cancel any such orders, regardless of if it has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, Night Vision Inc. shall issue a credit to your credit card account in the amount of the incorrect price.

As a user of this site, you agree to indemnify, defend and hold harmless Night Vision Inc., its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account. This is including negligent or wrongful conduct by you or by any other person accessing the site with your Internet account and/or connection.

 

 

REFUNDS AND RETURNS

Shipping costs are non-refundable. Each refund will be treated on a case by case basis depending on circumstances. Returns must be reported to Night Vision Inc. by email at [email protected] along with the invoice number, contact information and member ID. No shipments will be accepted without an RMA number. It is under the full discretion of Night Vision Inc. management to allow or deny returns which fall outside of the scope of this policy.

You have 15 days after product purchase to request a refund. All refunds will incur PayPal or Sezzle fees and are subject to a 15% restocking/cancellation fee. We advise that you purchase your products with care and consult if you are not sure of the application or capability of your product. Discounted or sale items are not eligible for refunds.

IF YOU ORDER AN ITAR CONTROLLED PRODUCT AND ARE NOT A UNITED STATES CITIZEN OR HAVE A SHIPPING ADDRESS OUTSIDE OF THE UNITED STATES YOUR ORDER WILL BE CANCELED AND SUBJECT TO A 25% CANCELLATION/RESTOCKING/REFUND FEE. NO EXEMPTIONS.

In the event that a rental unit is returned damaged, regardless of if the damage is accidental or intentional, the customer agrees to reimburse Night Vision Inc. for the cost of repairs. In the case that an item is not returned, Night Vision Inc. reserves the right to charge the customer for the device in full. Night Vision Inc. also reserves the right to refuse or cancel any orders placed without prior warning if an issue arises. As a user of a rental unit of Night Vision Inc., you agree to indemnify, defend, and hold harmless Night Vision Inc., its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your purchase.