Terms of Service

ANY PERSON ACCESSING THIS SITE AGREES TO THE FOLLOWING:

COPYRIGHT AND TRADEMARK

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Nocturn Industries™ LLC. The collective work includes works that are licensed to Nocturn Industries LLC. *Copyright 2021-2023, Nocturn Industries LLC, ALL RIGHTS RESERVED.

SHIPPING

Most orders will ship in 1-2 business days if the item does not have a lead time.

If you have a special circumstance that requires expedite on your order, please contact sales@nocturnindustries.com to put in a request, please include your order information.

WARRANTY DISCLAIMER

All items manufactured by Nocturn Industries LLC come standard with a lifetime warranty. Factory defects are covered 100%. Items are guaranteed to handle moderate impact and drop heights of at least 6 feet. We want our customers to know we back our products and you are covered if you drop your night vision or it takes a heavy impact and the housing breaks. We will replace any component of your housing originally manufactured and supplied by Nocturn Industries LLC for the life of the product. If you purchased it second hand, it is still covered, no purchase order is needed.

If you purchased one of our original products from a dealer, please contact us for warranty replacements.

This warranty does not cover any damages to lenses or intensifier tubes.

This warranty does not cover items not OEM by Nocturn Industries LLC, please contact the original manufacturer of other retail items for their warranty information.

REFUND POLICY

A full refund can be obtained if requested within a 7 day period after placing an order. After 7 days a 30% restocking fee is retained.

LIMITATION OF LIABILITY

Nocturn Industries LLC shall not be liable for any damages that result from the use of or the inability to use the materials on this site or the products. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TRADEMARKS

All trademarks and trade names of Nocturn Industries LLC used in the site are trademarks of Nocturn Industries LLC.

Legal

Your use of this site shall be governed in all respects by the laws of the state of New Hampshire, U.S.A.

All applicable items on this sight are subject to I.T.A.R. and shall be treated as such. There are no international sales accepted on items that fall under I.T.A.R. Items include any night vision device, accessory, component or other items deemed export restricted

All users of this sight subscribe to and acknowledge the following:

I understand that the products listed on this sight and/or purchased from Nocturn Industries LLC are subject to one or more of the export control laws and regulations of the U.S. Government and that they fall under the control jurisdiction of either the Department of State’s International Traffic in Arms Regulations (ITAR) or the Department of Commerce’s Export Administration Regulations (EAR), or the U.S. Bureau of Industry & Security (BIS).

  • I understand that it is unlawful to export, or attempt to export or otherwise transfer or sell any hardware or technical data or furnish any service to any foreign person, whether abroad or in the United States (U.S.), for which a license or written approval of the U.S. Government is required, without first obtaining the required license or written approval from the department of the U.S. Government having jurisdiction.

  • I understand that, in ITAR (§ 120.16), a foreign person means any natural person who is not a lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is not a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any foreign corporation, business association, partnership, trust, society, or any other entity or group that is not incorporated or organized to do business in the U.S., as well as international organizations, foreign governments and any agency or subdivision of foreign governments (e.g., diplomatic missions). History: 59 FR 25811, May 18, 1994; 71 FR 20534, April 21, 2006.

  • I understand that I am responsible for compliance with any and all U.S. Government export controls and regulations and that, if I violate them, it could result upon conviction in severe criminal and civil penalties (including substantial fines, imprisonment, seizure of controlled products, and technical data, and/or suspension/removal of export privileges) for my company and me.

  • I understand that these items will NOT BE EXPORTED, provided to foreign persons in the U.S. (Including Foreign Embassies in the U.S.A.), or sold domestically for export by a third party (including U.S. Government agencies).If/when I resell these items, I will advise my customers of their duty to comply with U.S. export control regulations or face the possibility of severe criminal and civil fines including imprisonment if convicted.

  • If/when I resell these items, I will obtain and retain record of the sale.

  • If/when I resell these items, I will inform my customers that if these items are lost, stolen or destroyed, they must report to me this fact and provide the date of the incident as well as the associated serial number of the item.

Export of the commodities described herein is strictly prohibited without a valid export license issued by the U.S. Department of State Office of Defense Trade Controls prescribed in the International Traffic in Arms Regulation (ITAR), Title 22 Code of Federal Regulation, Parts 120-130.

Those who purchase a night vision housing(s) or device(s) will be required to sign an Export Agreement after checkout.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Nocturn Industries LLC. or its members and service providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account by you or any other person accessing the site.

*Denotes pending status