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Limitations of liability, Warranty – Night Optics TM-X Thermal Camera (160x120 | 25mm) User Manual

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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.

The TM-X 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:

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.

WARRANTY

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NIGHT OPTICS USA

THERMAL IMAGING