TERMS & CONDITIONS
Contract Conclusion
Upon submitting a purchase order (PO) or placing an order via NVSG, the Purchaser makes a legally binding offer to contract with NVSG.
Contracts are valid and binding on NVSG only after sales order acknowledgement. By submitting a PO or ordering through NVSG, the Purchaser agrees to these Terms and Conditions, thereby excluding their own general purchase conditions. Order amendments require a new order acknowledgement.
The Purchaser will be notified of contract conclusion either by NVSG confirmation or, at the latest, upon product delivery. NVSG reserves the right to reject orders.
When Issuing PO
The period for the supply of deliveries and services shall be governed by order acknowledgement. It shall begin on the date of the order acknowledgement, provided that all specifications have been given to NVSG before that date.
When submitting order via NVSG or any other means
The period for the supply of deliveries and services shall be governed by receiving the funds for the order.
General
Timely supply depends on the Purchaser’s prompt provision of all required approvals, and payment compliance. Failure to meet these conditions extends the supply period. If the Purchaser causes a delivery delay, notification of shipment readiness within the agreed period deems the supply timely. The Purchaser must compensate NVSG for damages resulting from delivery delays caused by them.
Delivery and service periods are indicative unless NVSG expressly states otherwise in writing, and NVSG is not liable for manufacturing or dispatch delays. Unforeseen events, such as war or strikes, that delay delivery, or services will lead to an extension of the period without either party incurring damages. If an unforeseen event lasts over three months, either party may withdraw from the agreement.
Cancellation, Returns, and Refunds
Upon receiving items, the Purchaser must inspect them before accepting delivery. All devices before shipping will be inspected by NVSG to match the spec sheet condition. If there is any damage to the device upon receiving the shipment customer should contact NVSG within 48 hours for replacement.
All goods are made or purchased to order and are not stocked unless stated otherwise. They are specifically ordered for the Purchaser. Ensure all special requests are on the order confirmation.
Legal Capacity of the Purchaser
The Purchaser confirms they are of legal age and capacity or have legal representative consent to place orders.
The Purchaser also confirms they will not misuse the goods for illegal purposes.
NVSG Limitations of Liability
NVSG’s financial responsibility to the Purchaser for any breach of a goods supply contract is limited to the price of those goods.
Should the Purchaser resell or transfer NVSG goods to a third party, the Purchaser agrees to indemnify and protect NVSG from all third-party claims related to those goods.
Except in cases of gross negligence, NVSG is not liable for lost contracts or profits, indirect, special, or consequential losses. Unless explicitly stated in these Conditions of Sale, NVSG is not responsible for any losses or damages incurred by the Purchaser due to a breach of a goods supply contract.
These liability limitations remain in effect even after the termination of any goods supply contract.
Use of Night-Vision
Night vision imaging equipment should always be considered supplemental, never a replacement for natural vision. Consequently, NVSG disclaims all responsibility for any harm to individuals or property resulting from the use of such devices.
Payment Terms
Payment terms are outlined in the NVSG order acknowledgement. Should no terms be specified, prepayment is required. Order processing will commence only upon receipt of full payment into NVSG’s account.
Defects after Delivery and Warranty
NVSG guarantees that their supplied goods will be free from material and workmanship defects, under the following conditions. This warranty, covering parts only (excluding imaging intensifier tubes), applies for twenty-four months from the shipment date.
Changes to these warranty terms are valid only through a written agreement based on NVSG’s prevailing Warranty Policy.
The Purchaser must allow NVSG reasonable time and opportunity to fix warranty failures. NVSG will either repair or replace the defective product at their discretion.
NVSG’s obligation to repair or replace does not extend to goods consumed during operation, those improperly stored, installed, used, maintained, or repaired, those modified without NVSG’s approval, those subjected to misuse or detrimental exposure (i.e. submerged in water), or those involved in accidents.
NVSG holds no warranty obligations for defects arising from unauthorized alterations or repairs by the Purchaser or their representative.
General
These Terms and Conditions, along with any order and acceptance, constitute the complete agreement between NVSG and the Purchaser concerning any goods supply contract. They override all prior agreements or representations related to such contracts.
Any alterations or waivers to a goods supply contract are valid only if documented in writing and signed by authorized representatives of both NVSG and the Purchaser. Neither the parties’ conduct, nor trade customs can change the contract provisions. If the Purchaser provides a purchase order or related documents, their standard terms will be void.
The Purchaser cannot transfer their rights or obligations under a good supply contract without NVSG’s prior written approval.
Should the Purchaser make arrangements with creditors, face legal action, or have their affairs controlled due to debt issues, NVSG can immediately terminate any goods supply contract.
Neither NVSG nor the Purchaser is liable for failure to meet contract obligations due to unforeseen events, including industrial disputes or circumstances beyond their reasonable control.
The Purchaser is responsible for properly disposing of all packing and transport materials for NVSG’s supplied products.
Validity of Contract
Should any section of these Terms and Conditions be deemed invalid, the rest of the agreement will still be considered in full effect.