TERMS & CONDITIONS
Product is guaranteed to be free from manufacturing defects in material and workmanship under normal use for a period of 2 years from the date of purchase. 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. at the address noted below 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 & THIRD PARTY LINKS
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.
TYPOGRAPHICAL ERRORS & 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.
RENTALS AND SHIPPING
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. All items are expected to ship within a week of payment confirmation. These terms do not apply to event rentals, as they are distributed by a coordinator.