Export of Night Vision Equipment is regulated by the Office of Munitions Control, US Department of State in Accordance with the guidelines in the International Traffic In Arms Regulation (ITAR) per Title 22, Code of Federal Regulations (CFR), Parts 120-130. Shipment without proper licensing or consent is strictly prohibited and is a federal crime. KERIF Night Vision is NOT licensed to export any products, however some of our manufacturers have an International Sales Department and can help with your International product needs. Please contact us for assistance.

     It is the Buyer's responsibility to request and obtain export licenses for the export of the subject items, and to ensure that the requirements of all applicable laws, regulations and administrative policies are met.

 

Other Restrictions:

Restrictions on the use of night vision with a weapon vary from state to state. You are strongly advised to learn these laws and adhere to them. KERIF Night Vision will not be held responsible for unlawful usage.

Please understand that most of the products, technologies and services obtained from KERIF Night Vision are subject to one or more of the export control laws and regulations of the U.S. Government and that they fall under the control jurisdiction of either the Department of State or the Department of Commerce. It is unlawful to export, or attempt to export or otherwise transfer or sell any hardware or technical data or furnish any service to any foreign person, whether abroad or in the United States, for which a license or written approval of the U.S. Government is required, without first obtaining the required license or written approval from the Department of the U.S. Government having jurisdiction.

Refund/Exchange & Returns Policy for Night Vision Devices

     If you are unhappy with your Night Vision purchase or if the item is defective, you MUST contact KERIF Night Vision within 48 hours of receipt for a refund and within seven (7) days for Exchange, subject to a 20% Restocking and Handling Fee or full credit towards another purchase (fee not applicable to damaged products or warranty agreements). This fee may be charged if the unit needs to be sent back to the factory for inspection, recalibration, refurbishing and repackaging. Shipping Costs are Non-Refundable. Return shipping and insurance costs are the responsibility of the customer on no-fault returns. No returned parcels will be accepted freight collect or COD. Time of use will be determined as the time package is accepted from shipping authority, whether the package is sealed, opened and in use or not. KERIF Night Vision is not liable for loss of use or any damage to persons or property from the improper use or setup, inoperability or diminished function. All Night Vision sales are final after seven (7) Days. Buyer has a thirty (30) day return window for all other items. For “No Fault” Returns, if the merchandise was ordered and paid with a credit card and the order was canceled after the credit card was processed, a four percent (4%) Credit Card Processing Fee plus Shipping & Handling costs will be withheld from your refund. These fees are charged to KERIF Night Vision by the card processing bank regardless of the situation.

     Unless KERIF provides Free S&H, buyer is responsible for requesting additional shipping insurance if the item’s replacement cost exceeds basic $100.00 coverage. All shipments must be carefully inspected for damage at the time of receipt and documented with the shipping company. KERIF Night Vision is not responsible for shortage or damage incurred during shipment. Any and all shipping containers, boxes, and paperwork must remain available for insurance investigators to inspect. A signed, written statement by the receiver must be provided to KERIF by email or mail within seven (7) days, so that we may file an insurance claim. Failure to provide this statement or to keep the unaltered box available will void your claim to a replacement or refund. Replacement items will be reshipped upon receipt of the insurance settlement. If such insurance payments are refused due to customer/receiver negligence and/or fraud or adjusted, through no fault of KERIF Night Vision, any balances due must be paid prior to releasing your order or deducted from any refund due.

Important: Returned Merchandise must have prior approval from KERIF Night Vision.

     A  Return Merchandise (RM) number will be generated and assigned to your order and must be accompanied by a copy of our invoice and must appear on the outside of the returned box. Without this number, returned merchandise may be refused. All items returned for exchange or refund must be new, unused and must include the original, undamaged packaging, manual and all accessories. An external shipping container MUST be used. Simply placing a shipping label on the product package will result in the refusal of the package. Refunds or credits will be adjusted accordingly in the event items are missing or damaged. Special orders, close-outs and products sold "as is" cannot be returned. Items received by KERIF Night Vision which are damaged by use, as a result of inadequate packaging or neglect, (i.e. burned intensifier tubes, cracked housing, water damage, etc.) may, at the customer’s option, be returned “as is” or the full amount of repair costs will be recovered prior to a return or withheld from the refund. ALL BATTERIES MUST BE REMOVED PRIOR TO SHIPPING.

KERIF NV reserves the right to refuse & return merchandise, or charge a 20% restocking fee under the following conditions

1.       Product was returned after the seven (7) day period, which begins once the item is received by the customer from the shipping facility.

2.       The return authorization number was not visible on the outside of the box.

3.       The returned merchandise was incomplete, damaged, showed signs of use or scratched.

4.       The original invoice, data sheets or literature relating to the product was not included.

5.       Product was shipped with batteries installed.


GENERAL TERMS AND CONDITIONS:

 

KERIF Night Vision, hereinafter referred to as SELLER, hereby offers to supply the goods and services identified in a quotation, proposal, or acknowledgement expressly conditional upon the BUYER’S acceptance of the following general terms and conditions.  SELLER, by commencing performance, shall not prejudice its rights to enforcement of these general terms and conditions.

 

1.)    OFFERS:  Offers, proposals, and/or quotations provided to prospective customers are not valid unless issued in writing by a KERIF Night Vision duly authorized official.  Any offers generated verbally or conveyed in a manner other than writing, express or implied, are not valid unless subsequently issued in writing and assigned a valid quotation number.

 

2.)    OFFER EXPIRATION:  All offers of sale by SELLER are for sixty (60) days from the date of the offer unless otherwise explicitly stated in SELLER’s offer or as otherwise may be agreed to expressly in writing by the SELLER

 

3.)    PRICING:  Prices offered by SELLER for items and services sold do not include any customs duties, fees, taxes (however characterized), transportation charges, or insurance costs.  Where applicable, these costs shall be borne by the BUYER.  Pricing includes packaging in accordance with best commercial practices unless otherwise specified by the BUYER.  Special packaging requests shall be performed, if agreed to by SELLER, at BUYER’s expense.

 

4.)    ORDER/CONTRACT ACCEPTANCE:  Orders become contracts only upon acceptance in writing by a KERIF Night Vision duly authorized official.  No terms and/or conditions issued by the BUYER shall alter SELLER’s General Terms and Conditions in any respect and shall not apply to the transaction unless specifically agreed to in writing by a duly authorized KERIF official.  Any BUYER terms and conditions shall only be considered as an offer not binding on the SELLER unless expressly accepted by a duly authorized KERIF official. 

 

5.)    EFFECTIVE DATE:  Unless mutually agreed, no contract becomes effective until all of the following conditions are met:

        a.)            The Sales Order has been approved and signed by BUYER

        b.)            Where required, any down payment has been accepted and is on deposit, or, Where a letter of credit (L/C) is the form of payment, the L/C terms have been approved by KERIF Night Vision.

 

6.)    SCHEDULED DELIVERY:  SELLER shall use its best effort to make delivery in accordance with (IAW) the contract, but shall not be liable to the BUYER for delays in manufacturing or delivery due to causes beyond its reasonable control, including, without limitation, fire, accidents, acts of God, acts of war (declared or undeclared), civil commotion, terrorism, hostilities, inability to secure materials or labor, non-issuance, lapse or withdrawal of U.S. export license, and government acts, laws, or regulations.  In the event of such a delay, SELLER reserves the right to extend the date for delivery by a period of time equal to the time lost by reason of the delay.  In the event of late payment or performance on the part of BUYER, both parties shall negotiate an equitable adjustment in price and/or schedule.

 

7.)    PAYMENT:  Payment shall be made in full in U.S. Dollars immediately available to SELLER by wire transfer, letter of credit, or via other monetary instruments and vehicles as otherwise agreed in the contract to which these terms and conditions are attached.  Terms, when offered based on the submission of a credit application by BUYER and subsequent adjudication by SELLER of creditworthiness, are NET 30 DAYS calculated from the date of shipment.  In addition to any other rights or remedies available to SELLER, failure to pay the amounts due within the time specified shall result in a late charge of one-and-one-half (1.5%) per month prorated daily to BUYER’s account until final payment is accepted and cleared.

 

8.)    TITLE & PROPERTY OF SELLER:  Title of all goods and services shall pass to BUYER only upon payment in full.  Until such time as title of goods and services rendered is transferred, SELLER retains collateral interest in products and services.  All designs, inventions (whether patented or not patented), processes, technical data, drawings, plans, trade secrets and/or confidential information related to the items or services to be purchased, not furnished by BUYER, are the exclusive property of SELLER, and all rights, title, and interest in and to such properties shall remain exclusively with SELLER notwithstanding SELLER’s conveyance and/or disclosure of any part thereof to BUYER or BUYER’s payment to SELLER for engineering or nonrecurring charges.  BUYER shall not use or disclose such property to any third party or to anyone not having a “need to know”, including employees, without the expressed prior written consent of SELLER.  Title to all tools, test equipment and facilities not furnished by BUYER or specifically paid for by BUYER as a separate line item under any order, shall remain with SELLER.  SELLER does not agree to submit to BUYER as a result of the consideration paid under any order, any information, technical data or drawings that are proprietary to SELLER; nor does SELLER agree to grant to BUYER any patent rights, title or license without SELLER’s expressed prior written consent.

 

9.)    FINAL INSPECTION & ACCEPTANCE:  Final inspection and acceptance shall occur at SELLER’s premises prior to shipment of goods.  Final inspections, source inspections, and acceptance shall only occur AFTER satisfactory completion of testing performed by SELLER in accordance with SELLER’s quality processes and procedures.  Final inspections, source inspections, and acceptance MAY be regulated by the U.S. Government for foreign and classified programs.  Failure to secure BUYER inspections and acceptance approval at SELLER’s facility constitutes a force majeure event.  Requests for source inspection by BUYER must be submitted at time of order placement.

 

 

10.)  COMPLIANCE WITH U.S. LAW:  BUYER shall comply with all applicable Federal, State, and local laws including, but not limited to:  laws concerning procurement integrity, particularly the Office of Federal Procurement Act (41 USC 423), laws prohibiting the offer and payment of bribes and/or gratuities (18 USC 201), the Foreign Corrupt Practices Act of 1977 and amendments (15 USC 78), Omnibus Trade and Competitiveness Act of 1988, Export Administration Regulations (EAR), Arms Export Control Act of 1976 (PL 90-629) and  the International Traffic in Arms Regulations (22 CFR 120-130).  BUYER acknowledges that if purchased items and services are destined for export (as defined in 22 CFR 120-130), BUYER has the complete responsibility and agrees to comply with all export laws and regulations of the U.S. Department of Commerce and the U.S. Department of State.  Certain equipment offered for sale by SELLER contains active emitting lasers that may present a risk to health and safety and may be regulated by the Food and Drug Administration (FDA) and/or the U.S. Department of Defense (DoD).  BUYER agrees to resell and/or distribute regulated products in strict accordance with relevant agency requirements.  BUYER agrees to ensure that manuals, labels and other safety information provided by SELLER are forwarded with the equipment to any and all subsequent purchasers or users.  BUYER agrees to provide proof of appropriate end-user information and other documentation as may be required.

 

11.)  EXPORT:  BUYER understands that all products and services purchased for the purpose of export must be divulged to SELLER and accepted in writing.  Approved permanent export license issued by the U.S. Government is required prior to delivery.

 

12.)  SHIPMENT: All supplies and services are sold FOB origin (except approved Governments Contracts).  That point of origin is the SELLER’s factory at the location identified in the quotation, proposal, and/or offer.  SELLER assumes no responsibility for delays, breakage, damage, or loss after delivery to the carrier.  SELLER reserves the right to make partial shipments at its discretion.

 

13.)  INSURANCE:  BUYER shall maintain its usual and customary insurance coverage for third party claims to include, but not limited to: workmen’s compensation, liability, security interest and lien holder’s protection during the performance of this order and until such time that final payment is made by BUYER, received and cleared by SELLER, and title to goods and services are fully transferred.

 

14.)  ORDER CANCELLATION:  In the event of order cancellation for breach of the contract provisions by BUYER, SELLER shall have no further liability to BUYER and SELLER shall not be liable for any costs of cancellation, special, incidental, or consequential damages (including punitive or exemplary damages) for any cause whatsoever and such cancellation shall be in addition to any other rights and remedies of SELLER under this order or law.  Further, SELLER reserves the right to cancel this order or any portion thereof without liability if BUYER fails to make payment as required by the terms of the order or if BUYER is adjudicated bankrupt, files a petition of bankruptcy, makes an assignment for the benefit of creditors or if action under any law for the relief of debtors is taken.

 

If this order is accepted under a U.S. Government contract, it may be terminated for the convenience of the U.S. Government only in accordance with applicable federal procurement laws and regulations that shall govern the rights and obligations of the parties.

 

If this order is accepted under a non-U.S. Government contract, it may be terminated for convenience by BUYER at a rate established to compensate SELLER for purchase of long-lead items, labor, administrative fees, general administration, overhead and profit equal to not less than twenty percent (20%) of the total contract value.

 

15.)  WARRANTIES AND REMEDIES:  SELLER warrants that all products and services under this limited warranty shall be free from defects in material and/or workmanship at the time of shipment and shall perform during the warranty period in accordance with the specifications of the order.  Should any failure to conform to these warranties be discovered and brought to the attention of SELLER during the warranty period, and be substantiated by examination at SELLER’s facility or duly authorized and certified field personnel, then at its own cost, SELLER shall correct such failure, by, at SELLER’s own and sole option, repair or replacement of the nonconforming item or portion therefore or return the unit purchase price of the nonconforming item or component.  BUYER agrees that this remedy shall be its sole and exclusive remedy against SELLER.  In no event shall SELLER be liable for any costs or expenses in excess of those described in this paragraph and expressly excluding any liability or damages for special, incidental, and/or consequential damages.

 

The limited warranty period for end-item systems shall extend twelve (12) months from date of invoice issuance.  These warranties periods apply unless a different warranty period is expressly agreed to by SELLER in writing.  This warranty shall not extend to any item that, upon examination by SELLER, is found to have been subject to:

        a.)            mishandling, misuse, negligence or accident,

b.)            installation, operation, maintenance (or lack thereof) that was either not in accordance with SELLER’s specification, instructions, and/or was otherwise improper,

                        c.)            tampering as evidenced by broken seals, damaged packaging containers, repair and/or alteration by anyone other than SELLER or SELLER’s certified and authorized field network without SELLER’s express advance written approval,

                        e.)            damage due to battery leakage.

This warranty does not apply to expendable items such as batteries, bulbs, cleaning supplies, and other consumables nor does it cover cosmetic damage that does not impeding form, fit, and function.  SELLER shall be the sole determining evaluator and authority for adjudicating warranty claims by BUYER.  BUYER shall conform to SELLER’s established return procedures.

 

16.)  LIMITATIONS:  The expressed Warranties and Remedies constitutes SELLER’s entire warranty and BUYER’s sole remedy with respect to any defect or nonconformance in equipment manufactured by and services provided by SELLER.  These warranties and remedies are exclusive and lieu of all other warranties expressed or implied, including the implied warranties of merchantability and of fitness for a particular purpose.  SELLER shall not, under any circumstances, be liable for any damages greater than the unit price of any item(s) and/or service(s) sold with respect to which any claim is made, including all costs and expenses and attorney fees, special, incidental or consequential damages of any nature whatsoever whether arising from SELLER’s breach of contract, or breach of expressed or implied warranty, arising in tort, at law or in equity, or any law giving rise to a claim of strict liability or for any other cause.  SELLER shall not, under any circumstances, be liable to any third party for any special, incidental and/or consequential damages arising from claims for personal injury, property damage, or for any other claim due to use, possession, or operation of the products sold hereunder, whether alleged to be due in whole or part to SELLER’s fault and/or negligence.

 

17.)  INSPECTION OF BOOKS AND RECORDS:  SELLER agrees that the Controller General of the United States or his duly authorized representative shall, until the expiration of three (3) years after final payment of the order, have access to and the right to examine any directly pertinent and relevant books and records available.  SELLER does not agree to any other audits or examination or records including but not limited to quality control records and process documents.  SELLER does not agree to any examination and/or audit of books and records by any other BUYER unless expressly accepted in writing.

 

18.)  BUYER’s OBLIGATION OF ASSISTANCE:  Except where SELLER has otherwise assumed such responsibility for itself under expressed provisions of a statement of work, BUYER shall agree to cooperate in all reasonable ways necessary to SELLER’s performance of the work.  BUYER covenants that it has disclosed fully and accurately to SELLER all general and local conditions that can affect performance of the work prescribed in the order or the price thereof (for example:  mounting platforms, information on interfaces, mission profiles, etc.).  BUYER acknowledges that SELLER is entitled to rely on information furnished by BUYER in developing its specifications, equipment selection, price and other terms of the order.  For equipment interface requirements, BUYER shall agree to provide access to all relevant system platforms and fielded mounting interfaces related to completion of the work.

 

19.)  PATENT INFRINGEMENT:  To the extent that the items ordered are manufactured to designs, drawings, specifications, or instructions furnished by BUYER, BUYER guarantees that the manufacture and sale or use of such items will not infringe upon any U.S. or foreign patents.  BUYER further agrees to indemnify and hold harmless SELLER from any expense, loss, cost, damage, or liability of any kind that may be incurred because of any such infringement or alleged infringement of patent rights with respect to such items and to defend, at its own cost and expense, any action and claim in which such infringement is alleged.  BUYER shall promptly notify SELLER of any such action and shall provide SELLER an opportunity, at SELLER’s option, to participate in any defense of such action or claim as SELLER’s own expense.  SELLER shall hold BUYER harmless from costs actually incurred arising directly from the defense of any suit for infringement of any domestic or foreign patent by a SELLER-manufactured item, provided that SELLER shall be given timely written notice of such suit and the option to replace the same, obtain a license, demonstrate proof of indemnification, make other arrangements to avoid litigation or to defend the suit.  No indemnification is offered for alleged infringement arising from the use of SELLER’s items in combination with other items supplied by BUYER or from compliance with drawings, specifications, or instructions furnished by BUYER as described above.  Further, no indemnification by SELLER applies if order is accepted under a U.S. Government contract containing an Authorization and Consent Clause applicable hereto as prescribed under federal procurement laws.

 

20.)  CONFIGURATION STATUS AND SUBSTITUTION OF MATERIALS:  If the BUYER does not specify a product revision level, then the SELLER shall interpret it to mean “same as last build” or latest revision in SELLER engineering files, whichever is the most recent revision.  SELLER reserves the right to make substitution of materials without degrading the quality of the product or affecting form, fit, and function.  BUYER approval shall be solicited when changes affect form, fit and function.  SELLER further reserves the right to discontinue any items without notice and to change or modify specifications at any time without incurring any obligation to incorporate new or modified features in components and products previously sold or shipped.

 

21.)  FORCE MAJEURE:  In addition to other liability limitation herein contained, neither party shall be responsible to the other for any loss or damage due to a failure or delay in performance or delivery of any of the items or services required under this order when such delay or failure is due to causes beyond the reasonable control of the failing or delaying party.  Such causes shall include, without limitation, fires, floods, epidemics, quarantines, unusually severe weather events, embargoes, wars (declared and undeclared), political strife, riots, delays in transportation, compliance with any regulation or directives of any national, state, or local government or authority, and unforeseeable shortages in fuel, power, materials, or labor.

 

23.)  NON-WAIVER:  The failure of SELLER to enforce at any time any of the provision of this order shall not constitute a waiver of such provisions or a waiver of the right of SELLER to enforce any or all provisions.  If any term or provision of this order is held invalid or unenforceable by any court of competent jurisdiction, as defined in the JURISDICTION clause, the remainder of this order shall continue to be valid, in force, and binding upon the parties unless performance thereof is rendered legally impractical and no longer fulfills the intention of the parties under this order.

 

23.)  JURISDICTION:  This contract shall be deemed to have been made and performed in, and shall be construed, interpreted and the rights and obligations of the parties determined by the law of the State of Nevada, USA, excluding choice of law rules.  All disputes that cannot be amicably resolved shall be decided by a state or federal court of competent jurisdiction located in the State of Nevada.

 

24.)  ORDER TERMS EXCLUSIVE:  This order constitutes the entire agreement between BUYER and SELLER concerning the subject matter of this order and the parties acknowledge and agree that none of them has made any representation with respect to the subject matter of this order or any representations including the execution and delivery hereof except as specifically set forth herein.

 

25.)  MODIFICATION OF TERMS:  This order may not be modified, added to, deleted from, cancelled, or rescinded except through written instrument executed by both parties with the same formality.  In the event of a dispute between the General Terms and Conditions and the SELLER’s offer, the SELLER’s offer shall take precedence.