CONSUMER PURCHASE TERMS AND CONDITIONS
This Agreement applies to any order, purchase, receipt, delivery or use of (collectively, “purchase”) any products (“Product” or “Products”) from NVEYETECH, LLC, a Delaware limited liability company, or any of its subsidiaries or affiliates (“Seller”).
1. Payment Terms
Advertised prices are in U.S. dollars [and exclude shipping, handling and taxes unless otherwise noted]. You are responsible for paying all taxes associated with your order. Seller may change prices without notice to you before Seller enters your order and may modify and substitute Products and components without notice to you prior to shipping. Full payment of the Final Invoice is due before any Product is shipped.
2. Shipping and Title
Seller will arrange to ship Product to you. Title and risk of loss to Product pass to you when Seller’s designated shipper delivers Product to the address you specify. You must notify Seller of damaged or missing items from your order within [three] days after you receive your Product.
3. Product Limited Warranty
Products are guaranteed against manufacturing defects one (1) year from the original date of purchase. Seller’s sole obligation in the event of such defects during this period is to repair or replace the defective part or Product with a comparable part or Product at Seller’s sole discretion. Except for such repair or replacement, the sale, processing or other handling of Products is without warranty, condition or other liability even if the defect or loss is caused by negligence or other fault. Damage resulting from use, misusue, accident, or normal wear and tear is not covered by this or any warranty.
You must assist Seller in diagnosing issues with your Products and follow Seller’s warranty processes. If Seller determines your Products require service, you may be required to deliver it to Seller. You are responsible for properly packaging your Products, paying all shipping costs, loss or damage to the Products during shipping, and any other taxes, fees or charges associated with transporting the Products to Seller.
Replacement parts will be comparable in function and performance to the original part, and warranted for the remainder of the original warranty period. Purchasing additional Products from Seller does not extend your warranty period. If Seller asks you to return defective parts or Products, you must do so within [three] days after you receive the replacement parts or Products. Seller will charge you for replacement parts or Products if you fail to do so.
THIS LIMITED WARRANTY DOES NOT COVER MISUSE OR MINOR IMPERFECTIONS WITHIN DESIGN SPECIFICATIONS OR WHICH DO NOT MATERIALLY ALTER FUNCTIONALITY. SELLER DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OR USE OF SELLER BRANDED PRODUCTS WITH OTHER PRODUCTS.
4. Disclaimer of Warranties; Limitation of Liability
Seller assumes no liability for any accident, injury, death, loss, or other claim related to or resulting from the use of this product. In no event shall Seller be liable for incidental or consequential damages relating to or resulting from the use of this product or any of its parts.
EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, SELLER DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
SELLER’S MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS. SELLER IS NOT LIABLE TO YOU IF IT IS UNABLE TO PERFORM DUE TO EVENTS YOU OR IT ARE NOT ABLE TO CONTROL, SUCH AS ACTS OF GOD, OR FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
You acknowledge and agree that you are solely responsible for operating any motor vehicle, motorcycle, watercraft, or other transportation device in a safe and prudent manner at all times. You acknowledge that you will never and understand that you cannot solely rely on the Products for night vision or visibility purposes whatsoever.
5. Dispute Resolution
You and Seller agree that any Dispute (defined below) between you and Seller will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (“Arbitrator”) and conducted under its rules, except as otherwise provided below. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and Seller. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held in Cleveland, Ohio. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than Arbitrator, the arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C.A. Section 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to: (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, (ii) the Purchase of any Product, or (iii) any other dispute arising out of or relating to the relationship between you and Seller.
You may not assign this Agreement without Seller’s written consent. Seller and its subsidiaries and affiliates are intended beneficiaries of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to Products purchased from Seller, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to your order shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Ohio without giving effect to conflicts of law rules. Please send correspondence regarding this Agreement to:
7. Technical Support
Seller will provide technical support for Products at no additional charge for [number of days] days from the date of shipment or invoice. The scope of technical support consists of a variety of on-line, telephone and other methods. Using one of these methods, Seller will help you install the Products or restore it to the original factory configuration at no additional charge during the time period set forth in this paragraph. Seller will inform you before it provides you with technical support for which a fee will be charged. Seller may change the means through which it provides technical support at any time. It is likely that many of your questions will be answered by the documentation shipped with, and information loaded on, the Products. SELLER DOES NOT GUARANTEE ISSUE OR ERROR RESOLUTION FOR ALL PROBLEMS YOU EXPERIENCE WITH A PRODUCT.
8. Return Policy
You may return new Products within [seven] days after you receive your Products with a [ten percent (10%) re-shelfing fee deducted from your refund (“Restocking Fee”)]. To return Products you must follow Seller’s return procedures. Seller will refund the original purchase price of Products and related sales taxes less the Restocking Fee. SHIPPING & HANDLING, DELIVERY AND SIMILAR FEES (INCLUDING RELATED SALES TAXES) ARE NOT REFUNDABLE. YOU ARE RESPONSIBLE FOR PRODUCTS UNTIL SELLER RECEIVES THEM. YOU WILL BE CHARGED SHIPPING AND HANDLING AND A [TEN PERCENT (10%) RESTOCKING FEE] TO RETURN PRODUCTS. Returned Products must be in the same condition as you received them. THIS RETURN POLICY IS NOT A WARRANTY.