Terms & Conditions of Sale
1. DEFINITIONS
“Leopard Imaging” shall mean Leopard Imaging Inc.
“Customer” shall mean a legal entity or business buying Products from Leopard Imaging.
“Product” shall mean Leopard Imaging Products, excluding any of the following items: Software, parts not installed or added by Leopard Imaging in its factory.
“Order Confirmation”: shall mean a formal acknowledgement email sent by Leopard Imaging to the Customer for the Product ordered by the Customer.
“Price”: shall mean Price stated in Order Confirmation Email.
“Product”: shall mean Product described in Order Confirmation Email.
“Software” shall mean computer operating systems, applications and middleware.
2. PRODUCTS
Leopard Imaging may revise and discontinue Products. In case the Products are changed, discontinued or no longer in stock, Leopard Imaging will either promptly refund or ask customers if they would prefer an alternate product similar in functionality.
Customers may place orders through Leopard Imaging’s online webstore. By submitting an order to Leopard Imaging, the Customer agrees to be subject to these Terms and Conditions in their entirety. No order shall be binding on Leopard Imaging unless Leopard Imaging sends an Order Confirmation email. Leopard Imaging may request details about the purpose of the ordered Products. Leopard Imaging reserves the right to reject and cancel any order at its own discretion and without providing reasons. Customers should thoroughly verify Order Confirmation and inform Leopard Imaging of any error in writing immediately upon receipt of the email. Otherwise the details stated in the Order Confirmation shall apply to this Agreement.
3. PRICING
Unless otherwise specified by Leopard Imaging, prices are for the specific quantity stated and do not include taxes nor charges for transportation, insurance, China Tariffs, and customs. Handling & Shipping charges are added separately during the time of online checkout, or in the case of print and call, the charges will be billed in an invoice. Prices for any undelivered goods or services may be increased by Leopard Imaging in the event of any increase in the cost to Leopard Imaging of supplies, raw materials, labor or services, or any increase in Leopard Imaging’s cost resulting from any cause beyond Leopard Imaging’s control.
4. PAYMENT
All Products will be shipped only on 100% advance payment unless and otherwise agreed by Leopard Imaging in writing. Payment can only be made in US Dollars. If payment is made through wire transfer, bank charges and wire transfer charges are to be handled by the customer.
5. TERMS
(a) Standard payment terms require receipt of cash in advance of performance for all new accounts. In the event that the Seller extends credit to the Buyer, the following additional terms set forth in (b)-(e) below are hereby agreed to be applicable. Application for credit may take up to 30 days to process and is subject to approval by Seller.
(b) Buyer agrees to keep the account current and agrees to pay each invoice according to its terms from the date of invoice. Buyer agrees to provide funds in advance if their account has large disbursements that exceed the established credit limit. Where applicable, Buyer agrees to pay tooling and/or non-recurring engineering (NRE) fees on receipt of invoice for the same. Lead times for sample delivery begins upon receipt of a signed, Buyer-approved specification and/or drawing and if applicable, receipt of payment for any tooling or NRE fees. Any credit terms extended to Buyer are not applicable to tooling and/or NRE fees. The amount of credit extended to the Buyer is subject to periodic review and any decision to increase, decrease or revoke the amount of credit granted to the Buyer shall be at the sole discretion of the Seller.
(c) Seller reserves the right to require payment in advance or C.O.D. or otherwise modify credit terms either before or after shipment of any or all of the goods specified herein, if, for any reason, Buyer’s credit is or becomes objectionable to Seller. If Seller believes in good faith that Buyer’s ability to make the payment called for by this contract is or may be impaired, Seller may cancel this contract or any remaining balance thereof, without incurring any liability. Buyer remains liable to pay for any goods already shipped.
(d) In the event that the Buyer fails to keep the account current, all amounts owed by the Buyer shall immediately become due and payable. The Buyer shall also become indebted to the Seller for costs of collection, including reasonable attorney fees, which arise if payment terms are not met. Said invoices not paid by maturity date will have a 1‑1/2% per month late payment charge assessed against any unpaid balance from the due date of the invoice until the date of payment.
(e) If any indebtedness remains unpaid for thirty (30) days after the demand for payment, the Seller may, in addition to any other rights it has under other agreements and/or applicable law, exercise any or all of the rights of a secured party and forward Buyer to collections.
6. TAXES
Unless otherwise agreed in writing, Buyer shall be responsible for the payment of any and all Federal, state and local sales, use, and excise taxes and all other taxes and charges assessed in connection with sales made under this contract.
7. SHIPMENT
All shipments will be made ExWorks Seller’s factory unless otherwise specified in Seller’s Order Acknowledgement. In the absence of specific instructions, Seller will select the carrier. Title to the goods shall pass to Buyer upon delivery thereof by Seller to the carrier; thereupon, Buyer shall be responsible for the goods. Transportation from the ExWorks point designated in Seller’s Order Acknowledgement, handling and insurance are at the cost of Buyer. Goods held for Buyer, or stored for Buyer, shall be at the risk and expense of Buyer. Claims against Seller for shortages must be made within 10 days after arrival of shipment.
8. REFUND AND CANCELLATION
Products once shipped cannot be cancelled. Customers may return the product within 2 weeks of receiving their order. A refund, excluding the shipping and handling fee, will be issued if the product is returned within 2 weeks. A 20% restocking fee will be charged if the return is past the 2-week period or the product has been damaged.
9. WARRANTIES AND DISCLAIMER Of WARRANTIES
Leopard Imaging warrants to the Customer that Products meet the specifications at the time of delivery to the Customer and that Products will be free from any substantial defects under normal use during the Warranty Period, which begins on the date of shipment by Leopard Imaging to Customer. The warranty period for most of our products is 1 year.
10. FORCE MAJEURE
Leopard Imaging is not liable for any performance delays or for failures in whole or in part, caused by situations beyond its reasonable control; examples include pandemics, riot, strikes, war, terrorist acts, transport/supplier/production problems, sabotage, accident, natural disasters, fire, explosion, exchange fluctuations, etc., If such situation exceeds a period of 3 months, this Agreement may be terminated by either party without compensation.
11. TERMINATION
Leopard Imaging reserves the right to decline or terminate any order without explanation and refund the customer as soon as possible. Leopard Imaging shall have the right to terminate this Agreement immediately by email message if Customer or anyone associated with the customer has breached or are suspected to breach their country’s customs regulations.
12. DATA PRIVACY AND PROTECTION
Please refer to our Data and Privacy webpage for more information.
13. CURRENT POLICIES AND MODIFICATIONS
Customer should review details on Product, current Leopard Imaging policies, which can be found at www.leopardimaging.com Leopard Imaging reserves the right to make changes to its policies and these Terms and Conditions at any time, effective upon posting of an updated version to its website at www.leopardimaging.com. Customer is responsible for reviewing the websites for any further updates.
14. EXPORT CONTROL
Seller hereby certifies that it understands its obligations to comply with International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR) and their authorizing statutes.
Export of certain vision equipment and optical sighting equipment is controlled by the U.S. Department of State Office of Defense Trade Controls, in accordance with International Traffic Arms (ITAR), Title 22, Code of Federal Regulations Part 120-130 and/or the Export Administration Regulation (EAR) U.S. Department of Commerce.
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, 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.
It is the Resellers/End Users responsibility to request and obtain export licenses for the export of the subject item, and to ensure that the requirements of all applicable laws, regulations and administrative policies are met. Sales or transfers to entitles on the List of Debarred Parties, Denied Persons list and Embargoed Countries are strictly prohibited.
These lists can be found at the above US Government websites or at the following links
Specially Designated National list: https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx
Debarred List: https://www.pmddtc.state.gov/d
If you should have any questions or require additional information regarding export regulations please contact:
U.S. Department of Commerce
Bureau of Industry and Security Office of Exporter Services:
PH (202) 482-4811, www.bis.doc.gov
U.S. Department of State
International Traffic in Arms Regulations
Office of Defense Trade Control: