Terms and Conditions
MANUFACTURER'S WARRANTY. General Starlight Co., Inc. (read further "GSCI") Warrants its Optical Products against genuine Manufacturer’s defects in materials and workmanship for a period of 7 (seven) years from the original date of purchase. This warranty is limited only by certain parts and components such as image intensifier tubes, focal plain arrays (thermal cores), VNIR Cameras, LCD or OLED displays which are covered by their respective original Manufacturer’s warranty. Any device returned for warranty service or repair must be examined by GSCI’s Technical Control Department (TCD) as having been used according to its original design intents. Misuse, neglect, or any abnormal use is not covered by this warranty. Product’s malfunction or deterioration due to normal use is not covered by this warranty. GSCI will repair or replace such products or parts which, upon inspection by TCD is found to be defective in either materials or workmanship. As a condition of GSCI obligation regarding a warranty work, the product must be returned to the place where it has been purchased with satisfactory proof of purchase (sales invoice must be presented). This warranty is null and void if equipment has been altered, tampered with, modified, or otherwise abused, mishandled or subjected to any unauthorized repairs. GSCI disclaims any other warranties, either expressed or implied, except as expressed herein. The sole obligation of GSCI is to repair or replace the covered device. GSCI expressly disclaims responsibility for any lost profits, general, specific, direct, undirect, or consequential damages which may result from breach of any warranty, or resulting from the use, or inability to use any GSCI’s product. Further, GSCI disclaims any responsibility, liabilities for the User’s body harm or death which may occur while using GSCI products. Do not return merchandise directly to GSCI without expressed permission of our Customer Service Representative who has to issue a Return Merchandise Authorization (RMA). GSCI accepts no responsibility for unauthorized returns. All items returned for exchange, upgrade, repair, service etc. must be with all accessories, in original packaging, shipping and insurance cost prepaid both ways. This warranty does not cover shipping and insurance cost, this is full responsibility of the Customer. Items received by GSCI without RMA, missing parts or accessories, or damaged due to inadequate packaging, or customer’s abuse (i.e. scratched, cracked body, burned IIT/FPA or broken lens) - will be returned back to customer or repaired for the cost. All returned merchandise must be accompanied with RMA number clearly visible on outer package as well as in invoice and shipping documents.
**the duration of the warranty may be extended. please contact GSCI for more details.
EXPORT PROCESS. All GSCI-made products are ITAR-free, however, most of them require a Canadian Export Permit. Our professional logistics team provides assistance to our customers by applying for an Export Permit on their behalf at no cost; however, we have no control over the issuance process and the time it takes to receive the Export Permit. The issuance of an Export Permit is entirely up to the decision of the Canadian Export Control department, and relies heavily on how much accurate and valuable information has been provided by the End User.
WARRANTY LIMITATIONS. All GSCI products have been built in accordance to and fully comply with GSCI specifications. All electronic, mechanical and optical parts in our systems have been fully factory tested, aligned and calibrated. However, due to limited ability of GSCI to conduct the final mounting and zeroing of some systems on the End User’s guns or day time scopes – GSCI waives and discharge all further claims related to the possible problems, discrepancies and/or inability of the final End User to do the proper mounting and zeroing of its systems.
BREACH OF CONTRACT. In the event when the ordering Customer wants to cancel an order or reduce volume of its order after the receiving from GSCI official confirmation in the form of Proforma Invoice indicating Job Order Confirmation number, there is restocking fees will apply in the amount of minimum 25%. This restocking fees may be maximum up to 100% of the total volume of contract. This money will be used to cover GSCI operating expenses related to the current contract in question, such as ordered parts, components, labour, office operating expenses, etc.
However if GSCI bears other loses and damages such as intellectual property, market share, loosing business due to the contract in dispute, then all discovered issues must be first resolved between two parties by mutually acceptable compromise, otherwise in the Court Of Ontario, Canada.
Unless otherwise agreed in the sales quotation or sales contract, payment of Purchase Price is to be made by an initial non-refundable deposit of 50%. This deposit will activate GSCI Job Order and become immediately due upon presentation of Proforma Invoice by GSCI. The balance shall be due and payable as per Proforma Invoice terms agreed by both parties. GSCI is not obliged to perform any of its obligations set out in the relevant Contract until Buyer has paid the initial deposit as stipulated.
If Buyer fails to pay the amount of money scheduled in Proforma Invoice in full by the date when it has become due ("Due Date"), then without prejudice to any other right or remedy available to GSCI, Buyer shall pay interest on the total overdue amount at the rate of 1.5% per month. Such interest shall accrue on a daily basis from the Due Date until the date of actual payment of the total overdue amount, whether before or after judgment.
Should Buyer default in paying any sum due under this Contract as and when such sum becomes due, Seller shall have the right either to (i) suspend further deliveries and/or cease any services on site until the default be made good or (ii) immediately cancel this Contract in respect of any balance of Goods then due for delivery and/or installation then due for completion.
Unless otherwise agreed, if Buyer refuses or fails to take delivery of the Goods (otherwise than by reason of Seller's default) after 30 days of the expected delivery date, then without prejudice to any other right or remedy available to Seller, Seller may: (i) terminate this contract with immediate effect and retain the Purchase Price or deposit paid by Buyer as liquidated damages; (ii) recover damages from Buyer for any and all losses suffered as a result of Buyer's breach or termination; (iii) sell the Goods at the beset price readily obtainable and charge Buyer for any shortfall below the Purchase Price; or (iv) arrange for the storage of the Goods at Buyer's risk and cost and Buyer shall reimburse Seller for all expenses incurred in connection with that storage until actual delivery, including insurance.
Seller shall not be liable for any losses, damages, costs and expenses directly or indirectly suffered by Buyer (including but without limitation to, loss of profits, loss of savings, loss of goodwill, loss of revenue or loss of contracts incurred by Buyer, whether anticipated or actual, or any special indirect or consequential damages of any nature whatsoever) or any action, claims and proceedings taken against Buyer by any third party or parties in connection with, incidental to and consequential upon the purchase, operation and use of the Goods, including but without limitation to, any losses and damages resulting from the interruption or failure in the operation of the Goods.
PAYMENT TERMS. All ordered goods, parts, components or finished products shall remain the sole and absolute property of GSCI until the ordering Customer has paid to GSCI in full for the ordered Goods and cleared all debts such as interest, export applications fees, shipping or insurance cost and others. No goods shall leave GSCI facilities until they are fully prepaid. GSCI honors and obliges to pay all bills for products which are delivered, tested and fully compliant, as well as for services which are ordered and approved by GSCI Management in writing only in the form of an official GSCI issued Purchase Order or Contract. No electronic means are considered and accepted as official approval of purchase, only hard copies which are explicitly signed and executed by the official signatory of GSCI.
ALL SALES ARE FINAL. As per GSCI policy no returns will be accepted and no refunds issued. However to maximize Customer’s satisfaction GSCI may offer by its own discretion upgrade or exchange of the sold model to the higher by value product(s). Additional charges may apply.
DISCLAIMER (technical). Technical description, view, weight, dimensions, some optical-electronic and/or mechanical features of the product shown herein and/or some of its parts/components are subject to change without prior notice by the sole discretion of the Manufacturer. Information contained in this message is proprietary of General Starlight Co., protected from disclosure, highly confident, and may be privileged. This information is intended to be conveyed only to designated recipients of the message. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, unauthorized use, distribution or copying of this material is strictly prohibited and may be unlawful.
DISCLAIMER (legal). General Starlight Co., Inc. (read further GSCI) has been involved in manufacturing of ITAR-free night vision and thermal imaging systems using components and parts that are neither made in the USA nor come from the USA. GSCI is not affiliated with any of the US-based manufacturers of the abovementioned systems. GSCI therefore has no information and cannot give any advice on availability, legality as to how to own and/or use of any electro-optical systems (including night vision and thermal imaging) that fully or partially use US-made parts and/or components. GSCI is not in position to provide any legal advise and reserves the right to refuse to reply to any related inquiries. Please consult your local or Federal authorities regarding legality of owning and using night vision or thermal imaging systems. GSCI operates in full compliance with internal as well as export control Canadian Laws and Regulations.
NOTICE TO CUSTOMERS / END USERS. If you just purchased or purchased before and have in possession any GSCI-made products, it is entirely your responsibility to observe and comply with all applicable Canadian and International laws and regulations how to own, use, transport, transfer to another person, company or entity, export or re-export of the abovementioned product.
DISCLAIMER (Non-Disclosure, Non-Competition). It is understood and agreed to that from time to time various parties would like to exchange certain information that may be considered confidential. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties which are involved are agree as follows:
Confidential Information shall include, and the parties shall have a duty to protect confidential and/or sensitive information which is:
1. Technical and business information relating to proprietary patentable and non-patentable ideas, trade secrets, existing and/or contemplated products and services, research and development, production, costs, prices, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.
2. The parties shall use the Confidential Information only for the purpose of evaluating potential business and/or investment relationships. Both parties agree that all abovementioned confidential information cannot and will not be used by either party for its own benefits, such as copying, implementing details, ideas, trade secrets, gathered from the other party into their products which might create competition or future conflict of interests.
3. The parties shall refrain and restrict disclosure of Confidential Information within its own organization to its directors, officers, partners, members, agents, advisors, funders, bankers, consultants and/or employees. If any of the above third parties have a need to know Confidential Information they will be required to sign Annex A (supplied upon request) in addition to the current ND, NC signatories and therefore are bound into this ND, NC having all legal responsibilities attached.
4. Both parties acknowledge and agree that the exchange of information under this Agreement shall not commit or bind either party to any present or future contractual relationship (except as specifically stated herein), nor shall the exchange of information be construed as an inducement to act or not to act in any given manner.
5. The present agreement has no expiration date and will be null & void only if one or both parties cease to exist, closed business or in other form become inactive. However even in such situation, the people who are in the possession of confidential information and later started to work for other companies, are still bind by this ND, NC terms. If previous Non-Disclosure Agreement was signed between Parties and has been expired, the current ND, NC terms come into immediate effect, also covering all sensitive information which was previously exchanged between 2 parties.
6. In case of the breach of this agreement by either party, all consequences and/or related issues must be resolved between two parties in good manner, however in case of losses, either intellectual or financial, which occur due to the breach of this agreement, then it shall be resolved in Court of Law of Ontario, Canada.