Terms & Conditions

GENERAL SALES POLICY

Prices
Prices listed do not include freight, handling fees, or taxes. Prices are subject to change or correction without notice.

Sales Tax (Except Online Orders Shipping to Illinois)
FJW only collects sales tax for orders that ship to a destination in Illinois, USA. Customers are responsible for paying all applicable taxes for destinations other than Illinois. Customer assumes responsibility for, and unconditionally guarantees payment or reimbursement of, all applicable taxes, fees, and expenses as may be applicable. FJW Optical Systems, Inc. is required to charge applicable state, and local tax, on products shipping to Illinois for which Customer has not provided valid tax-exemption certification. When ordering, Customer shall indicate clearly which products are tax-exempt.

Tax for Online Orders
When ordering online, if the order is purchased from, or will ship to a destination in Illinois, we may be required to collect sales tax. Taxes will be added as a separate line item on orders for which we are required to collect Illinois sales tax. When ordering, the customer shall indicate clearly which products are tax-exempt.

Sales Tax Exemption

If your order is placed from Illinois and is shipping to an Illinois destination and you have a valid tax exemption certificate, you must place your order via mail, telephone, fax or e-mail so we can accommodate your tax-exempt status. Your tax-exempt status cannot be accommodated when ordering from the online site.

GENERAL PAYMENT TERMS

FJW Optical Systems, Inc. accepts purchase orders, American Express, MasterCard, and Visa. For customers with established FJW Optical Systems, Inc. credit, payment terms are net-30 days from the date of shipment. Anticipation and cash discounts are not allowed. If credit has not been established with FJW, you may purchase using American Express, MasterCard or Visa. All payments must be in U.S. dollars. Currently purchase orders are not accepted at our online store. Only American Express, MasterCard or Visa are accepted for online orders. Purchase Orders must be forwarded to FJW Optical Systems, Inc. via mail, telephone, fax, or e-mail.

Online Store Payment Terms
All online orders must be paid for via American Express, MasterCard or Visa. Currently we only accept online orders that are paid for with these credit cards.

Credit Balance
Customer agrees that any credit balances issued will be applied within one (1) year of its issuance. If not applied to a balance or requested for payment within one (1) year, any balance remaining will be subject to cancellation, and FJW Optical Systems, Inc. shall have no further liability. 

Cancellation
Any cancellation by Customer must be approved by FJW Optical Systems, Inc., and may be subject to restocking and other charges.

Quotations
Quotations are available upon request. Please contact FJW Optical Systems, Inc. sales department and we will be happy to accommodate you. Please feel; free to call or use our Contact Form.

Product Suitability
We want you to be happy with your selection. Before purchase and use of a product, please review the product application carefully. If you have any questions regarding its suitability for your application, please contact technical support at FJW Optical Systems, Inc. We will do our best to confirm that the product is appropriate for your intended application.

Availability
Certain products may not be available for sale in all areas.

PRODUCT RETURNS
We understand that there may be times when you need to return a product to us. If so, please contact FJW Optical Systems, Inc for instructions. Before returning any product, either write to FJW Optical Systems, Inc., 322 N. Woodwork Lane, Palatine Illinois, call Customer Service at 1-847-358-2500, or email us to obtain an RMA number. To contact by email, use our online contact form. Provide the date and number of the original invoice and describe the reason you wish to return the item.

All claims for a refund must be made within 30 days of shipment. After 7 days from receipt, returns for credit are subject to a 10% restocking charge. No returns are accepted without prior approval and acquisition of an RMA, (return materials authorization) number from FJW Optical Systems, Inc. Click here to download the RMA Form.

SHIPPING TERMS

Where We Ship
We accept orders only for shipment to countries that are not restricted or embargoed by the United States. For orders that will ship outside the USA, we may need to contact you for additional information. The following list shows restricted countries and is subject to change. Crimea and Covered Regions of Ukraine, Cuba, Iran, North Korea, Sierra Leone, Palestinian Territories, South Sudan, and Myanmar.

Shipment to a PO Box
We cannot provide delivery to a P.O. Box. An actual “street address” is required.

Required Shipping Information
The consignee’s ZIP or Mail Code is a required part of the address for shipments. When available, ZIP+4^® should be used. UPS also requires the consignees’ name and telephone number for use in case of difficulty delivering the item.

How We Ship
We ship your online order via UPS. We offer six levels of domestic service, and 2 levels of international service for your online order shipment.

When We Ship
We ship within 1-2 Business days ARO for 95% of all orders. We will also advise you of the UPS estimated delivery date and tracking number for your shipment if requested.

Shipping Point
Products are shipped EXW factory with freight costs and handling fees Prepaid by FJW Optical Systems, Inc. and added to the invoice. Shipping point is usually Palatine, IL USA.

Shipping and Handling Costs
Shipping fees are based on the weight of your order and delivery service level (speed). All orders include a $5.00 per order, processing/handling charge. When you select a shipment method during checkout, the processing/handling charge is already included in the calculated shipping charge that is shown.

Alternate Shipping Methods
To ship against your UPS account number or to ship using another carrier, your order must be placed with FJW via mail, telephone, fax or e-mail. All orders include a $5.00 per order, processing/handling charge. Other terms and conditions may apply for freight collect, or special handling. Any extra charges incurred for additional services, such as customer’s carrier or special handling by the carrier, must be paid by the customer.

Lost or Damaged Shipment
Title and risk of loss pass to the customer upon tender of shipment to the carrier. If product is damaged or lost in transit, the customer must file claim with the carrier. UPS automatically protects every shipment against loss or damage up to a value of US$100.00. With Declared Value, you can request additional protection up to US $50,000.00 per package.

If you wish to declare a value greater than $100.00 with the carrier, your order must be placed with FJW via mail, telephone, fax or e-mail. The declaration of a higher value will increase your shipping charge. We will be glad to advise you of the specific rates if requested. 

Reporting Damaged or Missing Items from Shipment
Upon receipt, it is your responsibility to inspect the shipment for any external damage to the shipping carton. Notice of damage to the carton or claims for damage must be reported to the shipping company immediately upon receipt.

Should you find that an item is missing from a shipment you must notify FJW in writing within 7-business days after your receipt of the shipment. You may either write FJW Optical Systems, Inc., 322 N. Woodwork Lane, Palatine Illinois 60067, fax Customer Service at 847-358-2533, or e-mail at e-mail form. Give the date and number of original invoice, and advise what item you are missing. Claims will be reviewed by FJW.

Backorders
We strive to have all items in stock. However, there may be times when an item you ordered is on backorder. If this occurs, we will contact you so you can decide if you want us to make a partial shipment or need to ship complete.

Signature Upon Delivery

For your protection, orders that ship via UPS may require a signature upon delivery. They employ a “drivers’ discretion” policy as to requiring a signature. If specifically requested, you can require a signature upon delivery. To require a signature upon delivery, you must place your order via mail, telephone, fax or e-mail so we can accommodate your request.

Package Tracking Numbers / Delivery Confirmation
If requested, once your order ships, we will send you a Shipment Notification via email. This notice will include the tracking number of your package and a link directing you to the UPS website. Please allow up to one (1) business day for your tracking number to be uploaded into the carrier’s system. Delivery confirmation is also available at the UPS website.

International Orders
We accept orders through our online site only for shipment within the United States. If you are outside the USA, please click our “Find a Distributor” button in the header of this page. When you find a distributor for your country, please contact them for pricing and availability of our products. If there is no distributor listed for your country, please contact FJW directly by using the “Contact Us” form.

Special Shipping Requirements
If you have other shipping parameters that are outside of those listed above under Alternate Shipping Methods, please contact us directly and we will be glad to help you. You must place your order via mail, telephone, fax or e-mail so we can accommodate your requirement.

PRODUCT WARRANTIES

FJW Optical Systems, Inc. FIND-R-SCOPE^® Limited Warranty applies to the following Models.

FJW Optical Systems, Inc. warrants the FIND-R-SCOPE^® models listed above (exclusive of batteries) to be free from defects in workmanship and material. This obligation shall be limited to the repair and/or replacement (at FJW OPTICAL SYSTEMS, INC. option) of articles or parts for which notice of defect is given in writing by the purchaser to FJW OPTICAL SYSTEMS, INC. within 6-months from the date of shipment to the purchaser. Additionally, FJW OPTICAL SYSTEMS, INC. warrants the Infrared Image Converter Tube (excluding tube breakage) to be free from defects for a period of 90-days from date of shipment. This additional obligation is limited to the repair and/or replacement (at FJW OPTICAL SYSTEMS, INC. option) of these items. A notice of defect must be given in writing by the purchaser to FJW OPTICAL SYSTEMS, INC. within 90-days for the tube and 6-months from the date of shipment to the customer. This warranty is in lieu of all other warranties and expresses the sole liability of FJW OPTICAL SYSTEMS, INC. with respect to the product. Product must be returned to FJW Optical Systems, Inc., shipping costs prepaid. Any viewer repaired or replaced under this Limited Warrantee will be shipped to customer at our (FJW) expense.

Non Find-R-Scope Products Warranty

All non-FIND-R-SCOPE^® products sold are warranted by FJW Optical Systems, Inc. against defects in workmanship or materials under normal use for 6-months after date of shipment from FJW Optical Systems, Inc. Any product determined by FJW Optical Systems, Inc. to be defective in material or workmanship and returned to FJW Optical Systems, Inc., shipping costs prepaid, will be, as the exclusive remedy, repaired or replaced, or at FJW Optical Systems, Inc.’s option, the purchase price refunded.

Warranty Disclaimer

No warranty or affirmation of fact, express or implied, other than as set forth in the limited warranty statements above are made or authorized by FJW Optical Systems, Inc. FJW Optical Systems, Inc. disclaims any liability for product defect claims that are due to product misuse, improper product selection or misapplication, and any description does not express or imply a warranty that the products are merchantable or fit for a particular purpose.

Limitation of Liability

Any liability for consequential, incidental, special, exemplary, or punitive damages is expressly disclaimed. FJW Optical Systems, Inc.’s liability in all events is limited to, and shall not exceed the purchase price paid for the product that gives rise to any liability.

Return Merchandise Authorization

What appears to be a defective instrument might be resolved by a discussion with our Technical Services department. If that does not resolve the problem and it appears that the instrument is defective, you need to acquire an RMA.

Before returning any product that Customer believes is defective, Customer shall write or call FJW Optical Systems, Inc. with the date and number of the original invoice, the part number, and a description of the defect. Customer must have an RMA (Return Merchandise Authorization) number to return the item to FJW Optical Systems, Inc. See “Product Returns” of General Sales Policy section for additional terms.

Prompt Disposition
FJW Optical Systems, Inc. will make a good faith effort for prompt correction or other adjustment with respect to any product, which proves to be defective within the warranty period. Before returning any product, write FJW Optical Systems, Inc., 322 N. Woodwork Lane, Palatine Illinois, call Customer Service at 1-847-358-2500, or fax Customer Service at 847-358-2533 giving the date and number of the original invoice, and describing the defect. If it is one of the IR-Viewers

ADDITIONAL TERMS

Force Majeure
FJW Optical Systems, Inc. shall not be liable for any delay in or impairment of performance resulting in whole or in part from any Force Majeure event, including but not limited to Acts of God, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, labor disruptions, shortages, communication or power failures, fire, accident, explosion, inability to procure supplies or raw materials or ship product, severe weather conditions, catastrophic events, or any other circumstances or cause beyond the control of FJW Optical Systems, Inc. in the conduct of its business.

Modification of Terms
FJW Optical Systems, Inc.’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth in FJW Optical Systems, Inc. Terms & Conditions, and customer’s assent to these terms and conditions shall be presumed from customer’s placement of an online order with FJW Optical Systems, Inc.’s acknowledgment, and/or from customer’s acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon FJW Optical Systems, Inc. unless agreed to by FJW Optical Systems, Inc. in writing. If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in FJW Optical Systems, Inc.’s acknowledgment, FJW Optical Systems, Inc.’s acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by FJW Optical Systems, Inc. of any of the terms and conditions contained in this website.

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Waiver, Choice of Law and Venue
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Illinois, excluding conflict of law rules, and venue shall be in Cook County, State of Illinois.

No Third Party Benefit.
The provisions stated above are for the sole benefit of the parties hereto, confer no rights, benefits or claims upon any person or entity not a party hereto.

Complete Agreement
The terms and conditions in FJW Optical Systems, Inc.’s forms, acknowledgments, quotations, invoices, websites, are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and FJW Optical Systems, Inc.

Commerce Controls and Related Regulations

Customer represents and warrants that it is not on, or associated with any organization on the United States Department of Commerce’s Bureau of Industry and Security’s Denied Persons List or Unverified List; or the United States Department of the Treasury’s Office of Foreign Assets Control lists, Specially Designated Nationals, Specially Designated Global Terrorists, Specially Designated Narcotics Traffickers, Specially Designated Narcotic Traffickers-Kingpin, or Specially Designated Terrorists List; or the United States Department of State’s Designated Foreign Terrorist Organizations, Embargoed Countries list, or Debarred Persons List; or is subject to a denial order issued by the United States Department of Commerce. Customer shall comply with all relevant laws and regulations of governmental bodies or agencies, including but not limited to all applicable export control laws of the United States or other governing agencies and their successors.

U.S. Foreign Corrupt Practices Act

Customer acknowledges that it is an Independent Contractor, as defined in the next paragraph, and represents, warrants, and covenants that it has not paid, offered or agreed to pay, authorized the giving of, or caused to be paid, directly or indirectly, money or anything of value to any foreign official (as defined in the U.S. Foreign Corrupt Practices Act, as amended), in connection with the purchase and resale of the products ordered.

Independent Contractors

FJW Optical Systems, Inc. and Customer are Independent Contractors and not principal and agent. Nothing construed or contained in these Terms and Conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Without limiting the generality of the foregoing, Customer is not authorized to make, shall take no actions, and shall not make, any representations on behalf of, or which are binding upon, FJW Optical Systems, Inc.

Governing Law; Limitations

The rights and obligations of the parties under these Terms and Conditions shall not be governed by the provisions of the 1980 United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods. Rather, these Terms and Conditions shall be governed by the laws of the State of Illinois, United States, including its provisions of the Uniform Commercial Code, but excluding its conflict of law rules. Notwithstanding the foregoing, any legal action by Customer with respect to any transaction must be commenced within one year after the cause of action has arisen.

Severability

If any portion of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unreasonable term shall be redefined, or a new enforceable term provided, such that the intent of FJW Optical Systems, Inc. and Customer in agreeing to the provisions of these Terms and Conditions shall be enforceable to the fullest extent of the applicable laws.

Dispute Resolution

Actions by FJW Optical Systems, Inc. for nonpayment by Customer of the purchase price of products sold by FJW Optical Systems, Inc., or for redress of other breaches by Customer of these Terms and Conditions may be brought by FJW Optical Systems, Inc., at its option, before any United States or foreign judicial court of competent jurisdiction. At FJW Optical Systems, Inc.’s option, disputes between Customer and FJW Optical Systems, Inc., including all claims for non-performance by FJW Optical Systems, Inc., shall be finally settled by arbitration in Chicago, Illinois, United States, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Illinois, United States, and the language of the arbitration shall be English.

Waiver

The failure of either FJW Optical Systems, Inc. or Customer to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party.

TRADEMARKS, COPYRIGHTS, and DOMAIN NAMES

Customer acknowledges that it has no right, title, or interest in the trade names, trademarks, copyrights, or domain names of FJW Optical Systems, Inc., and in the product names, and covenants that it will take no action to register or otherwise interfere with such rights of FJW Optical Systems, Inc. Customer agrees that it will not copy the products sold to Customer or their packaging, trade dress, catalogs, or websites.

 WEBSITE TERMS OF USE

The following terms of use apply to all visitors to or users of the FJW Optical Systems, Inc. Web Site, the home page of which is at www.findrscope.com By using this web site, you agree to be bound by these rules and regulations, as they may be modified by FJW Optical Systems, Inc. at any time and posted on this web site. In the event of a violation of these rules and regulations, FJW Optical Systems, Inc. reserves the right to seek all remedies available by law and in equity.

Trademarks
FJW Optical Systems, Inc. retains all rights regarding its trademarks, trade names, brand names, and trade dress. These marks, names, or trade dress, and all associated logos or images, are registered and/or common law trademarks of FJW Industries, Inc. and are protected by U.S. and international laws and treaties. No license to the use of such marks, names, or trade dress is granted to you under these terms and conditions or by your use of the FJW Optical Systems, Inc. Web Site. Your misuse of the trademarks displayed on the FJW Optical Systems, Inc. Web Site is strictly prohibited. You are also advised that FJW Optical Systems, Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Limited License
FJW Optical Systems, Inc. Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, product association database, text, artwork, photographs, images, video, and audio (collectively, “Materials”) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by FJW Optical Systems, Inc. as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title, or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit this site or any of its Materials without our prior written permission; (b) you may not access or use the FJW Optical Systems, Inc. Web Site for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. FJW Optical Systems, Inc. may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by FJW Optical Systems, Inc.

Linking
Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the FJW Optical Systems, Inc. Web Site. None of such links should be deemed to imply that FJW Optical Systems, Inc. endorses the Third Party Sites or any content therein.

FJW Optical Systems, Inc. does not control and is not responsible or liable for any Third-Party Sites or any content, advertising, products, or other materials on or available from such Third-Party Sites. Access to any Third-Party Sites is at your own risk, and FJW Optical Systems, Inc. will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third-Party Site.

Special Notice
FJW Optical Systems, Inc. has a no-tolerance policy regarding the use of our trademarks or names in URLs, metatags, and/or hidden text. Specifically, the use of our trademarks or names in pay-per-click search placements, or contextual advertising software (“ad ware”), or metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.

Disclaimer of Warranty
Access to the FJW Optical Systems, Inc. Web Site is provided to our customers and prospective customers “AS IS” and “AS AVAILABLE” and without warranty of any kind, whether expressed or implied, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. FJW Optical Systems, Inc. reserves the right to block or deny access to the Web Site to anyone at any time for any reason.

Jurisdiction
FJW Optical Systems, Inc. controls this Web Site from its office within the State of Illinois, United States of America. FJW Optical Systems, Inc. does not imply that the materials published on this Web Site are appropriate for use outside of the United States. If you access this Web Site from outside of the United States, you do so under your own initiative, and you are responsible for compliance with local laws. The contents of this Terms of Use statement shall be governed by the laws of the State of Illinois, without giving effect to its conflict of laws provisions.

Your Communications
FJW Optical Systems, Inc. shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us, via our Web Site, for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information. Any personally identifiable information you provide to FJW Optical Systems, Inc. through the Web Site shall be subject to the Web Site’s Privacy Policy.

Limitation of Liability
IN NO EVENT WILL FJW OPTICAL SYSTEMS, INC. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA, OR DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF FJW OPTICAL SYSTEMS, INC. IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

Revisions
FJW Optical Systems, Inc. may terminate, change, suspend, or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice. FJW Optical Systems, Inc. also reserves the right, at its sole discretion, to change, modify, add, or remove any portion of these terms, in whole or in part, at any time and without notice. FJW Optical Systems, Inc. may terminate the authorization, rights, and license given above at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.