Terms & Conditions of Sale

WEB SITE SALES

$25.00 Minimum Order

All prices and descriptions of products listed on this Site and any written documents received by the User shall be deemed to be a solicitation for bids and shall not be considered a firm offer that can be accepted by the User without the consent of LDI. No contract shall be formed without an acknowledgment or written acceptance by LDI. In the event LDI accepts the User's offer, the parties agree to be bound by LDI's standard Terms and Conditions of Sale which are specifically made part hereof. See Terms and Conditions of Sale. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, AT THE SOLE DISCRETION OF LASER DEVICES, INC. These Terms and Conditions of Sale shall apply unless modified by LDI in the form of a Proforma Quotation, Invoice or Customer Purchase Order acknowledged by LDI, or a separate written Agreement between LDI and the User.  Furthermore, LDI may change products, features, specifications, price, quantities, delivery times and locations without notice at any time.  In addition LDI’s listing of a product or service on this site does not mean that the products or services are available in all locations.

TERMS AND CONDITIONS OF SALE

GENERAL
This Agreement is entered into in the State of California and shall be interpreted, enforced and governed by the Uniform Commercial Code and the laws relating to business transactions taking place solely within the United States of America. The entire Agreement by and between Laser Devices, Inc. (hereinafter "LDI") and the purchaser named on the face of any invoice or purchase request (hereinafter "Buyer") pertaining to the purchase of the products described in this Site, is set forth herein. This Agreement supersedes and terminates all prior and contemporaneous negotiations, discussions, offers, understandings, and/or representations, either oral, written, expressed or implied, relating to the subject matter hereof. This Agreement is intended to be a complete and integrated expression of the Agreement between the parties, and may not be altered, amended, modified or otherwise changed in any way except by a written instrument, which identifies the intended alteration, amendment or modification. Neither LDI’s performance nor delivery shall be deemed as acceptance of Buyer’s additional or different terms and conditions. Buyer acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except for those explicitly set forth herein.  All terms and conditions set forth herein apply only to domestic transactions unless otherwise agreed in writing.

LIABILITY
All merchandise is being sold on express condition and understanding that LDI shall in no way be liable in connection with the resale or safe handling of the merchandise.  Nor has LDI represented or offerred any opinion by virtue of the sale that the products may be legally owned, possessed, bought or used in the location where the Buyer is located.  Nor, has LDI allowed, approved, authorized or otherwise offered any opinion as to the Buyer’s proposed use of the product.

TERMS OF PAYMENT

1. Buyer agrees that the sole form of payment acceptable for purchases is by wire transfer or cash payment in advance of shipment. 
2. In the event, Buyer has previously established payment terms, and this site or any Invoice issued by LDI fails to specify other terms of payment, then payment is to be received at the offices of LDI within thirty (30) days after the date of shipment specified on any shipping document or invoice accompanying the shipment.
3. All sale prices, catalog discounts, payment discounts or any other negotiated discounts will be forfeited if payment is not received pursuant to the terms specified herein.
4. If Buyer fails to pay for merchandise received from LDI within the terms established, Buyer shall pay a late charge of 1.5% per month on the balance owed.
5. LDI shall have the right, at its sole discretion, to suspend and terminate the terms granted to any Buyer at any time without notice. Upon revocation of credit terms, all amounts owed to LDI shall be immediately due and payable and future shipments may, in LDI’s discretion, be on C.O.D. terms.
6. Buyer agrees to pay on demand all collection agency charges (up to 30% of the balance owed) and all attorney fees and costs incurred in collection of its account.
7. Any dishonored check (for any reason) or credit card chargeback will be assessed a service charge of $35.00 per instrument.
8. If LDI agrees to accept a credit card payment for merchandise, Buyer hereby agrees and authorizes LDI to charge his or her credit card for the amount of the purchase, shipping costs, handling charges, export duties, freight forwarding charges and any applicable sales tax prior to shipment to Buyer. Buyer further agrees that LDI's authorization to process the credit card transaction by phone without Buyer's signature may not be revoked once the order has been shipped.

CANCELLATION
Upon cancellation of any order made on this Site, Buyer agrees to pay all reasonable and necessary costs incurred by LDI as a result of the cancellation of an order up to the full dollar value of the order.   

PRICE

1. LDI reserves the right to change, without notice, LDI’s published prices. All prices quoted on this Site or in LDI's catalogues, price sheets and other documentation shall be considered a cash and carry price FOB (Ex-Works) LDI's Monterey plant ("Cash Price"). All other purchases may be invoiced at the cash price plus two percent (2%). LDI specifically reserves the right not to accept payment for merchandise by any means other than cash. Prices do not include transportation and insurance, sales tax, use tax, VAT tax or any other taxes now in effect or hereafter levied by reason of this transaction. Buyer shall pay all taxes, other than taxes based on LDI’s net income, unless Buyer has provided LDI with an exemption or resale certificate. Buyer agrees to indemnify and hold LDI harmless for any liability for such tax, as well as the collection or withholding thereof, including penalties and interest thereon.
2. LDI specifically reserves the right to correct quotations, clerical or stenographic error(s) by notification to the Buyer. All merchandise and services covered by this Agreement shall be sold and invoiced at the prices in effect at the time of each shipment, unless Buyer and LDI have otherwise agreed in writing.

DELIVERY TERMS

1. A common carrier will be selected by LDI, unless otherwise agreed in writing. LDI does not assume any liability in connection with the selection of the carrier and the carrier shall not be deemed to be an agent of LDI.
2. LDI will use every reasonable effort to effect shipment on or before the date indicated. LDI, however, shall not be liable for any delay or failure in performance or delivery of the goods or services unless it has agreed to such liability in writing.  Further, LDI will not be liable for ANY failure or delay in performance or delivery to be made under this Agreement where such delay, failure or inability in whole or part, directly or indirectly, arises or results from any cause beyond LDI’s control or beyond the control of LDI’s suppliers or contractors, including but not limited to, fire, explosion, earthquake, storm, flood or other weather conditions, unavailability of utilities or raw materials, strike, lockout, unavailability of components or workers, war, insurrection, riot, act of God, act of public enemy, law, order, export control regulation, proclamation, decree, regulation, ordinance, or instructions of government, judgment or decree of a court. In the event of any cause beyond the control of LDI that results in delay or inability to perform, LDI will give written notice to Buyer stating the period of time the same is expected to continue. In the event of any such delay or inability to perform, LDI shall have such additional time within which to perform its obligations as is reasonably necessary under the circumstances. LDI shall also have the right, as the result of a contingency, to allocate available inventory among its customers as LDI considers equitable. If, as a result of any such contingency, LDI will be unable to perform this Agreement in whole or in part, then to the extent that LDI is unable to perform, such obligations shall be deemed terminated without liability to either party.
3. Buyer must notify LDI within five (5) days of receipt of goods if any error is found in shipment.
4. Buyer must contact LDI within thirty (30) days of receipt of invoice or Statement if merchandise noted as shipped on said invoice has not been received, or there are missing parts, components or batteries. If Buyer does not contact LDI within 30 days, Buyer is liable for all balances due on said invoice.

RETURNS AND WARRANTY TERMS

1. All special or custom orders of any type may not be returned or exchanged for credit. NO exceptions.
2. All returns of merchandise must be pre-approved by LDI and assigned a return authorization number (RMA). The RMA number is to be clearly marked on the shipping label and packaging material. Unauthorized returns will not be accepted. Proof of purchase is required.
3. Returned goods are to be shipped prepaid. NO C.O.D. packages will be accepted.
4. NO returns for credit or exchange will be accepted seven (7) calendar days after purchase. A 15% restocking fee will be charged on all returns of non-defective products.
5. NO credit or exchange will be allowed for discounted, sale goods, obsolete, misused, modified or neglected products. All returned merchandise unclaimed after six months becomes LDI's property.
6. Warranty on LDI manufactured laser aiming devices and tactical flashlights is found at the following link: WARRANTY TERMS.
7. Warranty on items manufactured by third parties and resold by LDI is found at the following link: WARRANTY TERMS.
8. Warranty on purchase of laser diode components by OEM manufacturers is found at the following link: WARRANTY TERMS.

JURISDICTION AND VENUE
All provisions of this Agreement are separate and divisible, and if any part is held invalid, the remaining provisions shall continue in full force and effect. This Agreement shall be governed by, and construed in accordance with the laws of the State of California in the United States of America. This Agreement shall for all purposes be deemed to have been formed and all performance is deemed to have taken place solely in Monterey County, California. The Superior Court for the County of Monterey shall be the sole venue for any dispute by and between the parties.