ALL SALES ARE FINAL. RETURNS ARE ACCEPTED AT THE SOLE DISCRETION OF SPI CORP AND WILL BE SUBJECT TO 25% RESTOCKING FEE.
In General
Sierra Pacific Innovations Corp. (“spi-wholesale.com”) owns and operate this Website. This document governs your relationship with spi-wholesale.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by spi-wholesale.com. spi-wholesale.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Export Regulations
General ITAR and Export Compliance Information
The U.S. Department of Commerce and/or the U.S. Department of State, Directorate of Defense Trade Controls regulates our and similar products. We require that customers acknowledge the receipt of the following compliance information to document our compliance with these regulations. If you require additional information regarding export regulations, contact:
U.S. Department of Commerce Office of Defense Trade Controls Services:
PH (202) 482-4811 Website: http://www.bis.doc.gov
U.S. Department of State Bureau of Industry and Security Office of Exporter
Response Team:
PH (202) 663-1282
Website: http://www.state.gov
Thank you for your cooperation in complying with the regulations.
Export Regulations
Export of night vision equipment and optical sighting equipment (including user manuals) is controlled by the U.S. Department of State Directorate of Defense Trade Controls, in accordance with the International Traffic in Arms Regulations (ITAR), Title 22, and Code of Federal Regulations Part 120-130 and/or the U.S. Department of Commerce Bureau of Industry and Security in accordance with the Export Administration Regulations (EAR), Title 15, Code of Federal Regulations Part 730. Some of this equipment may require a license for export or re-export from the United States. Any sale of equipment is intended to be made in strict compliance with U.S. export control laws. Diversion contrary to U.S. law is prohibited.
It is the purchaser’s responsibility to request and obtain any required export licenses for the subsequent export or re-export of the subject items and to ensure that the requirements of all applicable laws, regulations and administrative policies are met. In addition, subsequent transfers of any products to individuals or entities on the List of Debarred Parties, Denied Persons List, Specially Designated Nationals List, Entity List, Unverified List or Nonproliferation Sanctions List, as well as sales or transfers to embargoed countries, are strictly prohibited. It is the purchaser’s responsibility to be aware of these lists and reference websites are provided in this document.
Export Compliance Acknowledgement Form
I understand that all products obtained from 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 or the Department of Commerce.
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 the 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, Apr. 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 further understand that sales or transfers of products to individuals, entities and countries named in the lists referenced in the Lists of Prohibited Individuals, Entities and Countries are strictly prohibited.
Lists of Prohibited Individuals, Entities and Countries
Denied Persons list: http://www.bis.doc.gov/dpl/Default.shtm
Unverified list: http://www.bis.doc.gov/Enforcement/UnverifiedList/unverified_parties.html
Entity list: http://www.bis.doc.gov/Entities/Default.htm
Specially Designated National: http://www.treas.gov/offices/enforcement/ofac/sdn/
Debarred list: http://pmdtc.org/debar059.htm
Nonproliferation Sanctions: http://www.state.gov/t/isn/c15231.htm
Embargoed Countries (see part 746): http://www.access.gpo.gov/bis/ear/ear_data.html and/or http://www.ustreas.gov/offices/enforcement/ofac/programs/index.shtml
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at https://spi-wholesale.com/privacy/. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and spi-wholesale.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of spi-wholesale.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by spi-wholesale.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. ALL PRODUCTS ARE SOLD AS-IS UNLESS OTHERWISE SPECIFIED IN WRITING. No warranty expressed or implied as to suitability of use, quality or reliability.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with spi-wholesale.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. You must comply with all EXPORT REGULATIONS. spi-wholesale.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be spi-wholesale.com or may in some cases be a third party. Where a contract is made with a third party spi-wholesale.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
(d) Returns
Products are sold AS-IS with a no return policy. All sales are final. Any returns are at the sole discretion of spi-wholesale.com and subject to 25% restocking fee. Any return item must be in original sale condition and in original packaging. Any return must have a valid RMA number. Do not ship any product back without a valid RMA number. To discuss return issues contact [email protected]. ALL RETURNS SUBJECT TO 25% RESTOCKING FEE.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law spi-wholesale.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect spi-wholesale.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with spi-wholesale.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to spi-wholesale.com.
Indemnity
You agree to indemnify, defend and hold harmless spi-wholesale.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation
spi-wholesale.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you andspi-wholesale.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of spi-wholesale.com.