Warranty, Limitations of liability – Night Optics D-930 Gen 3 Gated Clip-on Night Vision Scope User Manual

Page 17

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WARRANTY

The NO/D-930 is covered by a limited 2 year warranty from time of sale. The warranty is valid

only for the original purchaser.

The manufacturer warrants its products to be free from defects in material and workmanship

during the warranty period. If the product proves to be defective during this period, the

manufacturer will repair the original product or replace it with a like product at the sole

discretion of the manufacturer.

This limited warranty does not cover:

1. Any product on which the serial number has been defaced, modified, or removed.

2. Any product that has experienced deterioration or a malfunction from: accidents, misuse,

neglect, fire, water, lighting or other acts of nature, unauthorized product modification or

failure to follow instructions supplied with the product, repair or attempted repair by anyone

not authorized to do so, use of supplies or parts not meeting manufacturer’s specifications,

normal wear and tear, and/or extreme wear and tear caused by battlefield conditions or other

extreme environments.

No other warranties, expressed or implied, are valid without an agreement in writing provided

by the manufacturer.

All shipping involved in warranty work / replacement is the sole responsibility of the purchaser.

LIMITATIONS OF LIABILITY

Night Optics USA, 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 this

product are the sole responsibility of the Customer. Night Optics USA, Inc.’s sole responsibility

is limited to providing the products and service outlined herein in accordance with the terms

and conditions of this Agreement. The provision of products sold and services performed by

Night Optics USA, Inc. to the Customer shall not be interpreted, construed, or regarded, either

expressly or implied, as being for the benefit or creating any obligation toward any third party

of legal entity outside Night Optics USA, Inc. and Customer; Night Optics USA, Inc.’s obligations

under this Agreement extend solely to the Customer.

Night Optics USA, Inc.’s liability hereunder for damages, regardless of the form or action,

shall not exceed the fees or other charges paid to Night Optics USA, Inc. by the Customer or

the Customer’s dealer. Night Optics USA, 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 breach of warranty, a breach of

agreement, negligence, strict liability, or any other theory of liability.

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