Terms and Conditions

Please note that some inventory levels are hard to maintain and products may not be available for an extended period of time. Please call before you place your  order if you are not willing to wait to make sure the item(s) is  available. The credit card company will NOT return the processing fees  (up to 4%) so you will NOT receive a full refund if you cancel. If you  prefer to pay at the time of shipment please give us a call. Payments by Check will receive an additional 3% Discount.

  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 NV 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 NV will not be held responsible for unlawful  usage.

  Please understand that most of the products, technologies and  services obtained from KERIF NV 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

    If you are unhappy with your purchase or if the item is  defective, you MUST contact KERIF NV 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 NV 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 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 NV by the card  processing bank regardless of the situation.

    Unless KERIF NV 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 NV 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 NV 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 NV, 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 NV.

    A Return Merchandise Authorization (RMA) 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, Clearance items and products sold “as is” are non-refundable. Items received by KERIF NV 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 NV, 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 NV 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 NV 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 NV 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 NV 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 NV.

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.

     A – Please be advised that in many areas across the United  States and other countries, it may be illegal to hunt with or even  posses certain types of laser, thermal and night vision equipment.  Please do your research and agree that you are solely responsible to use  all equipment purchased from KERIF NV in a legal and  responsible way. In no way will KERIF Night Vision be responsible for illegal or inappropriate use  of the sold equipment.

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.

     A – By making a purchase and checking our Box at Checkout, you  agree and state that “I am purchasing this product for use within the  destination country specified in the shipping address only and agree to  familiarize myself with and abide by the ITAR and U.S. State Department  rules and regulations governing export of laser equipment, daytime,  night vision and thermal optics devices.” 

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.)  MANUFACTURERS WARRANTIES AND REMEDIES:   MANUFACTURER 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 MANUFACTURER facility or duly authorized and certified  field personnel, then at its own cost, MANUFACTURER shall correct such  failure, by, at MANUFACTURER 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.

   This warranty shall not extend to any item that, upon examination by MANUFACTURER, 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.

Domestic US Sales ONLY

*Prices Listed on this website are subject to change without notice

**KERIF NV reserves the right, at our sole discretion, to  refuse any sale it deems questionable and we will report anyone that  tries to break the Law!

CAN I PURCHASE OPTICAL EQUIPMENT FROM OUTSIDE OF THE U.S.?

     We have a few manufacturers that can help you get an exporting  license if indeed, your Country, Government or Law Enforcement Agency is  qualified.  To find out more information on this topic we suggest you  visit the ITAR (International Traffic in Arms Regulations) reference  center.

Once you have reviewed this documentation and believe you qualify to purchase and export, please contact us for purchase.

NO SALE WILL BE MADE TO ANY COUNTRY OR INDIVIDUAL UNLESS THESE RULES  AND REGULATIONS HAVE BEEN MET. ALL INTERNATIONAL AND FLEET PURCHASES ARE  SUBJECT TO SCRUTINY BY THE GOVERNMENT OF UNITED STATES OF AMERICA. WE  SUPPORT THE WAR ON TERRORISM AND WILL DO OUR PART TO KEEP OUR  TECHNOLOGY, DATA, COMMUNICATIONS AND EMPLOYEES SECURE AND SAFELY AWAY  FROM THE WRONG HANDS.

WHO IS ALLOWED TO PURCHASE MULTIPLE OPTICAL DEVICES?
     We can  sell multiple devices to anyone in the US who is a legal citizen or  company within the borders of the USA and has made payment for the  purchase. Fleet purchases from Dealers, Government & Law Enforcement  Agencies, Military Personnel and Re-Sellers are always welcome and have  the added incentive of fleet purchase discounts. For more information  on fleet purchase discounts, please email us at  sales@kerifnv.com, Fax to (702) 869-8451 or call (702) 324-6463 and request a Price Quote. Requesting a price quote does not  require Payment Method information.
If you are requesting Payment Terms, please indicate this on the bid request.

Thank You for giving KERIF NV your Consideration