Rev. 3/00

THESE TERMS CONTROL. The Customer's acceptance of Product from JustHandhelds.com shall constitute acceptance of these terms and conditions. JustHandhelds.com's failure to object to any provision contained in communication from Customer shall not be a waiver of these terms and conditions.

ENTIRE AGREEMENT.  These terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties.  Any attempt to supplement or amend this document or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.

DELIVERY AND RISK OF LOSS.  Product prices do not include shipping and handling.  JustHandhelds.com will use its descrition in selecting a reputable carrier and appropriate means of shipment.  Risk of loss or damage to Products in transit is Customer's.  In the event of Product damage or loss during transit, it is the responsibility of the Customer to file a Claim with the carrier.   Insurance for international shipments may be provided for a fee upon request.

WARRANTIES. Each JustHandhelds.com product is warranted to be free from defects in material and workmanship under normal use. The warranty period is controlled by the documents furnished with each product and begins on the date of shipment. This warranty extends only to the original buyer or end-user customer of JustHandhelds.com, and does not apply to fuses, disposable batteries or to any product which, in JustHandhelds.com's opinion, has been misused, altered, neglected or damaged by accident or abnormal conditions of operation or handling.

JustHandhelds.com's warranty obligation is limited to refund of the purchase price or replacement of a defective product which is returned to JustHandhelds.com within the warranty period.  JustHandhelds.com assumes no risk for damage in transit.

JUSTHANDHELDS.COM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JUSTHANDHELDS.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES.

LIMITATION OF LIABILITY. A Party's liability shall be limited to the price paid for Product.  In no event shall either Party be liable to the other for any indirect, special, incidental, or consequential damages resulting from performance or failure to perform under this sale, or from the funishing, performance, or use of any goods or service sold pursuant hereto, whether due to a breach of contract, breach of warranty, negligence, or otherwise.  Neither party shall have any liability to the other for indirect or punitive damages, or for any claim by any third party except as expressly provided herein.

TAXES. Prices do not include any sales, local, or other similar taxes.  All such taxes shall be paid by Customer, or in lieu thereof, Customer shall provide JustHandhelds.com with appropriate tax exemption certificate. 

RESALE.  Customer agrees that it is purchasing for its own internal use only, and not for resale.  Customer shall not remove components from Product for resale.

CANCELLATION. Orders may not be canceled or rescheduled without JustHandhelds.com's written consent and are subject to cancellation or reschedule charges determined by JustHandhelds.com. All international orders are contingent upon approval of export licenses required by the Government. The use, sale, reexport, delivery or retransfer, directly or indirectly, of the items described herein or to any activities related to the design, production, use, or stockpiling of chemical, biological or nuclear weapons or missiles is strictly prohibited.

FORCE MAJEURE. JustHandhelds.com shall not be liable for nondelivery, failure, or delay in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of JustHandhelds.com.  Quantities are subject to availability.  In the event of shortage, JustHandhelds.com may allocate sales and deliveries in its sole discretion.

PRODUCTS. JustHandhelds.com and its suppliers continually update and revise products.  All specifications are subject to change without notice.  Changes between what is shipped and what is described in the marketing materials are possible.  All JustHandhelds.com products are new.

CUSTOMER AND TECHNICAL SUPPORT: JustHandhelds.com promises its technical support people will attempt to handle problems involving Products for sale.  However, JustHandheld.com's support people may not be able to understand or resolve a particular problem.

TITLE. Title to Product(s) other than software passes from JustHandhelds.com t Customer upon shipment from JustHandhelds.com's facility.   Title of software shall always remain with JustHandhelds.com or its suppliers. JustHandhelds.com grants a perpetual, non-exclusive license to Customer to use such software on a single unit of product. The license may be terminated if Customer discloses the software to others without JustHandhelds.com's consent. Back-up copies of the software may be made and Customer may sublicense the software along with the transfer of said single unit of product.

CRITICAL COMPONENTS.  The Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.

GOVERNING LAW / WAIVER OF JURY TRIAL. Sales shall be governed by and construed under the laws of the State of Ohio.  Jurisdiction and venue for all disputes shall lie in Medina County, State of Ohio, being the place where Customer's order has been received and/or entered.  THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR CUSTOMER'S ORDER.

HEADINGS. The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

WAIVER / INVALIDITY.  Failure of JustHandhelds.com to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies.  If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.