Custom Night Vision Night Vision Monoculars and Goggles (excluding manufacturer built systems which are subject to their manufacturer warranty) are guaranteed to be free from manufacturing defects in both material and workmanship under normal use for a period of five (5) years from the date of purchase. In the event that a defect covered by the warranty occurs during the applicable period stated above, Custom Night Vision, at its discretion, will either repair or replace the product; such action on the part of Custom Night Vision shall be the full extent of Custom Night Vision liability, and the Customer’s sole and exclusive reparation. Custom Night Vision also offers a limited lifetime service on all branded night vision devices. This allows customers to send us their branded night vision devices for re-purging, o-ring replacements, and cleaning. This warranty does not cover a product if it has been:

1. Used in any way other than its normal and customary manner
   B. Subjected to misuse or improper operation including impact damage and battery corrosion
   C. Subjected to light exposure, laser exposure, or over exposure
   D. Subjected to alterations, modifications or repairs by the Customer or by any party other than Custom Night Vision without prior written consent of Custom Night Vision
   E. Specially ordered, ordered from a selection of merchandise or merchandise sold by either Custom Night Vision or the Custom Night Vision dealer
   F. Discontinued by the manufacturer and either parts or replacement units are not available due to reasons beyond the control of Custom Night Vision .

Warranty claims falling outside of the scope of these written warranty terms may
incur repair, labor, and shipping fees charged to the customer

Custom Night Vision shall not be responsible for any defects or damage that in Custom Night Vision view are a result from the mishandling, abuse, misuse, improper storage or improper operation of the device, including use in conjunction with equipment that is electrically or mechanically incompatible with, or of inferior quality to, the product, as well as failure to maintain the environmental conditions specified by the manufacturer. THE CUSTOMER IS HEREBY NOTIFIED THAT OPERATION OF THE EQUIPMENT DURING DAYLIGHT HOURS OR UNDER ANY EXCESSIVE LIGHT CONDITIONS MAY PERMANENTLY DAMAGE THE INTERNAL COMPONENTS OF THE UNIT, AND SAID DAMAGE WILL NOT BE COVERED UNDER THIS WARRANTY. This warranty is extended only to the original purchaser. Any breach of this warranty shall be enforced unless the Customer notifies Custom Night Vision via email within the applicable warranty period.

The Customer understands and agrees that, except for the foregoing warranty, no other warranties written or oral, statutory, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, shall apply to the product. All such implied warranties are hereby and expressly disclaimed.

Limitation of Liability

Custom Night Vision will not be liable for any claims, actions, suits, proceedings, costs, expenses, damages or liabilities arising out of the use of any Custom Night Vision product. Operation and use of products are the sole responsibility of the Customer. Custom Night Vision exclusive undertaking is limited to providing the products and services outlined herein in accordance with the terms and conditions of this Agreement. The stipulation of products sold and services performed by Custom Night Vision to the Customer shall not be interpreted, construed, or regarded, either expressly or implied, as being for the benefit of or creating any obligation toward any third party of legal entity outside of Custom Night Vision and the Customer; Custom Night Vision obligations under this Agreement extend solely to the Customer. Custom Night Vision liability hereunder for damages, regardless of the form or action, shall not exceed the fees or other charges paid to Custom Night Vision by the customer or customer’s dealer. Custom Night Vision 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 a breach of warranty, a breach of agreement, negligence, strict liability or any other theory of liability.