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TERMS AND CONDITIONS OF USE

The terms and conditions set forth herein constitute a legal Agreement between the User of this Site ("User") and Laser Devices, Inc. ("LDI"). By accessing, browsing and or using the Site ("Site"), the User acknowledges having read and agrees to be bound by these terms and conditions. If you do not agree to these terms, you do not have permission to use this Site. LDI may at any time revise these terms of use by updating this page. By using this Site, you agree to be bound by any such revisions and should periodically visit this page to determine the then current terms of use to which you are bound.

The U.S. copyright laws, trademark laws and certain international treaties protect the materials provided on this Site. See Copyright and Trademark. LDI makes no representation that the materials accessed on this Site are appropriate for all Users or that the items being shown or described herein are available or legal to own or operate in all locations. Users who choose to access this Site are the sole parties responsible for compliance with applicable local laws. Any claim relating to the use of the Site and the materials contained herein are governed by the laws of California. For all purposes, this Agreement shall be deemed to have been reached in Monterey, California and the sole venue for any dispute shall be in the Superior Court of Monterey, California or the United States District Court located in San Jose, California. UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL LDI BE LIABLE FOR ANY DIRECT, INDIRECT SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF ELECTRONIC DATA, PERSONAL INJURY, DEATH, DISABILITY, OR CONSEQUENTIAL DAMAGES IN ANY FORM, ARISING OUT OF THE USE, FAILURE TO USE, OR INABILITY TO USE THE MATERIALS LOCATED ON THIS SITE.

INFORMATION LISTED

LDI tries to provide the User with the most accurate and up-to-date product information available. LDI, however, reserves the right to make adjustments and corrections to the information supplied due to errors, changing market conditions, product discountenances, typographical and photographic errors in advertisements and product descriptions. Nor, is any of the information supplied, including photographs and text, intended to describe firearm safety or approved law enforcement or military techniques in the use of firearms, lasers or tactical flashlights. All information obtained by the User from this Site is strictly to be used at the sole risk of the User.

INFORMATION TRANSMITTED TO LDI

Any information or idea that the User transmits to or posts by E-mail to LDI by any means will be treated as being non-confidential and non-proprietary, and may be disseminated and used by LDI for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing new LDI products. The User is prohibited by law from posting to or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, or inflammatory material that could give rise to any civil or criminal liability under the law. Notwithstanding the above, all personal data supplied to LDI shall be handled in accordance with LDI‚s privacy policy described herein. See Privacy Policy.

TERMS AND CONDITIONS OF SALE

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.


PRIVACY POLICY

LDI believes that individuals have a right to privacy and should not be subjected to a barrage of unsolicited E-mail from businesses and organization that are not related to the business contacted. As a result, LDI has formulated a privacy policy that will apply to the information submitted to LDI, as well as any information collected electronically by LDI.

LDI's Privacy Policy is as follows:
As part of your visit to this Site you may be asked to provide information that will enable LDI to enhance your visit or that may allow LDI to follow up with you following your visit. As part of gathering this information, LDI may ask you for your name, E-mail address, phone number, address, type of business, customer preferences as well as other personal and financial information. The information that you supply to LDI will be kept confidential and used for purposes of customer support and completing your purchase. Personal information including your name, address, E-mail address and telephone number, your order, and the products you purchase will not be given or sold to any outside organization for its use in marketing or solicitation without your consent. This information, however, may be provided pursuant to subpoena or by process of law to government agencies investigating criminal or potentially criminal activities, including export violations.

This information may also be used by LDI, its successors and assigns to keep you advised of new products, product modifications and to supply you with other information concerning the use of LDI products. We may also use this information to inform you about other types of products offered by our customers that may appeal to your interest in firearms, shooting sports and recreational equipment. In the event you decide that you do not want to receive any additional future E-mail, facsimile or written communications from LDI, you may request that your name be removed from LDI's marketing database by contacting: Sales and Marketing Department, Laser Devices, Inc., 2 Harris Court, Suite A-4, Monterey, California 93940, or you may make your request by facsimile to (831) 373-0903 or by E-mail to sales@laserdevices.com.

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 this invoice (hereinafter "Buyer") pertaining to the purchase of the products described herein, is set forth on the face and the reverse side hereof. 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.

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.

TERMS OF PAYMENT
1. Buyer agrees to pay the amount owed within the terms specified on the face of this invoice. In the event the face of the invoice fails to specify the terms of payment, then payment is to be received at the offices of LDI within thirty days (net 30) after the date of shipment specified herein.
2. All catalog, payment and negotiated discounts will be forfeited if payment is not received pursuant to the terms specified herein.
3. If Buyer fails to pay the invoice within said terms, Buyer shall pay a late charge of 1.5% per month on the balance owed.
4. 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 shall be on C.O.D. terms.
5. 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 this account.
6. Any dishonored check (for any reason) or credit card chargeback will be assessed a service charge of $35.00 per instrument.
7. 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. 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, Buyer agrees to pay all reasonable and necessary costs incurred by LDI as a result of the cancellation of an order.

PRICE
1. LDI reserves the right to change, without notice, LDI‚s published prices. All prices quoted in LDI's catalogues, price sheets and other documents shall be considered a cash and carry price FOB LDI's Monterey plant ("Cash Price"). All other purchases will 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 such 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 and 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. 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 on the invoice. LDI, however, shall not be liable for any delay or failure in performance or delivery of the goods or services. 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 days of receipt of goods if any error is found in shipment.
4. Buyer must contact LDI within 30 days of receipt of invoice if merchandise noted as shipped on said invoice has not been received. If Buyer does not contact LDI within the 30 days, Buyer is liable for all balances due on said invoice.

RETURNS AND WARRANTY TERMS
1. All special 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. The authorization 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 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 be performed 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.


WARRANTY TERMS

MANUFACTURER'S WARRANTY
LDI will furnish its standard form LIMITED WARRANTY in favor of its customers and the first end users of its products. The terms of the warranty are as follows: All LDI manufactured products (excluding flashlight bulbs, borelight inserts, batteries and other items that are ordinarily consumed during the normal use of the product) have a ONE (1) year limited warranty on parts and workmanship from the date of purchase. The warranty is void if the serial number or the manufacturer‚s labels affixed to the product have been removed, or products have been misused, modified, neglected or have been disassembled prior to return to the manufacturer. LDI will repair or replace defective products at its discretion. To the maximum extent permitted by law, LDI‚s election to repair or replace the devices shall constitute the purchaser's sole remedy in the event of a defect. LDI disclaims all other warranties, either expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Moreover, to the maximum extent permitted by law, LDI on behalf of itself, its suppliers, distributors, dealers and agents disclaims any and all other liability for damages, including, without limitation, actual damages, consequential damages and indirect damages, for personal injury, wrongful death, pecuniary loss and any other physical or financial loss, arising out of the use or the inability to use any LDI product, even if Laser Devices has been advised of the possibility of such damages. This limited warranty gives the purchaser specific legal rights, which may vary from state and jurisdiction to state and jurisdiction.
Revised July 5, 2000

WARRANTY ON THIRD PARTY MANUFACTURED MERCHANDISE
LDI does not offer an independent warranty on items manufactured by third parties. The purchaser's warranty for these types of items is therefore limited to the warranty offered by the original manufacturer of the device. For example, LDI purchases and resells holsters, belts, clip pouches, laser pouches and pointers and several other items that work with its laser aiming devices and tactical flashlights. Most of these products carry a manufacturer's warranty to the original purchaser of the item. The manufacturer of the item is the party responsible for any warranty repair on these types of items. LDI, therefore, disclaims liability under any other warranty, either expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Moreover, to the maximum extent permitted by law, LDI on behalf of itself, its suppliers, distributors, dealers and agents disclaims any and all other liability for damages, including, without limitation, actual damages, consequential damages and indirect damages, for personal injury, wrongful death, pecuniary loss and any other physical or financial loss, arising out of the use or the inability to use any such product.

DIODE MODULE AND OEM WARRANTY
No warranty is offered by LDI on laser diode modules, power supplies or other components purchased by OEM manufacturers except on the following terms: LDI offers a limited 90-day limited warranty to OEM purchasers of laser diode modules for use in products manufactured by the OEM purchaser. The warranty takes effect only after LDI has tested and certified the customer‚s product for use with the diode components and has authorized the specific assembly procedures and electrostatic discharge equipment used in the assembly of the product in which LDI‚s laser module assembly will be placed.

COPYRIGHT AND TRADEMARKS
The copyright to all materials used or contained within this Site are owned by LDI or the original creator of the material. Except as provided herein, none of the material on this Site may be copied or reproduced, distributed or republished, downloaded or otherwise transmitted in any form or by any means without the prior written consent of LDI. Permission for use is hereby granted to display, copy, distribute and download the materials on this Site for personal and non-commercial purposes. Any unauthorized use of the materials on this Site may violate copyright laws, trademark laws and international treaty. Trademarks and Service Marks used on this Site and protected by law include the following: Laser Devices, Inc.; Laser Devices (as used in conjunction with or without the starburst logotype); laserdevices.com; Super Power Point; Magnum Power Point; The Laser Leader; Laserscope; ULS-2001; TLS-4P; TLS-8R; BA-5; BA-2; SA-2; LAS/TAC; ARTAC; TL-2; MR-2; Duty Grade; ProTac Lights; Multi-Mount; MBS-1A; and MBS-1WE.

To request permission to use copyrighted materials used on this Site, please contact: Sales and Marketing, Laser Devices, Inc., 2 Harris Court, Suite A-4, Monterey, California 93940 or by Facsimile (831) 373-0903 or by E-mail to sales@laserdevices.com.