You are using an outdated browser. Upgrade for a better experience.

Terms & Conditions


TERMS & CONDITIONS OF SALE

Business Customers Only

Last updated: 05.01.2025

 

1. Business-to-Business Supply Only

Handheld Technologies Ireland (“HHTI”) supplies products, software, and services exclusively to customers acting in the course of trade, profession, or business.

By placing an order, purchasing, deploying, or using any product, software, or service, the Customer expressly confirms that it is not a consumer and that consumer protection legislation does not apply.

HHTI does not sell directly to consumers.

 

2. Definitions

  • Customer: A business entity, reseller, integrator, ISV, or professional purchaser.
  • Products: Hardware manufactured, supplied, or provided by HHTI.
  • Software: Embedded software, applications, firmware, bespoke software, or updates supplied or provided by HHTI.
  • Services: Support, repair, development, configuration, integration, or related services provided by or on behalf of HHTI.
  • Agreement: These Terms & Conditions of Sale.

 

3. Entire Agreement & Non-Reliance

This Agreement constitutes the entire agreement between the parties and supersedes all prior communications, discussions, or representations.

The Customer acknowledges that it has not relied on any statement, promise, warranty, or representation not expressly set out in this Agreement.

 

4. Orders & Acceptance

All orders constitute an offer by the Customer.

A binding agreement is formed only upon acceptance by HHTI.

HHTI may refuse or cancel orders at its discretion.

 

5. One-Year Limited Manufacturer’s Warranty (Hardware)

HHTI warrants that Products manufactured, supplied, or provided by HHTI (including where bundled, embedded, integrated, or enabled for use) will be free from defects in materials and workmanship for one (1) year from the later of:

  • the date of shipment by HHTI; or
  • Product activation, where activation occurs within 90 days of shipment.

Extended warranties may be available under separate written agreement.

This warranty applies only to Products manufactured, supplied, or provided by HHTI and excludes accessories unless expressly stated in writing.

 

6. Warranty Exclusions

The warranty does not apply to any Product, Software, component, or part manufactured, supplied, or provided by HHTI where issues arise from:

  • consumables or cosmetic damage;
  • normal wear and tear or aging;
  • misuse, abuse, accident, negligence, or improper storage;
  • operation outside HHTI specifications or documentation;
  • third-party hardware, software, or services;
  • unauthorised modification, repair, or servicing;
  • environmental, electrical, electromagnetic, or external causes;
  • altered, removed, or defaced serial numbers;
  • loss, theft, or unlawful possession.

 

7. Warranty Service Procedure

The Customer bears all costs and risks of shipping Products to HHTI.

HHTI will bear return shipping costs only where a valid warranty defect is confirmed.

HHTI shall not be responsible for loss of data, firmware, configuration, or media.

The Customer is solely responsible for data backup.

 

7A. Returns, Credits & Refunds

Except where expressly required by law or agreed in writing by HHTI:

  • Products are non-returnable.
  • Credits, refunds, or exchanges are not provided.
  • Returns for convenience, incorrect ordering, or change of requirements are not accepted.
  • Acceptance of returned Products does not imply any obligation to issue credit or refund.
  • All approved returns must be authorised in advance in writing by HHTI.

 

8. Bespoke Software & Application Development

Where HHTI provides customised or bespoke software:

  • development is performed solely in accordance with written scope agreed by HHTI;
  • functionality not expressly specified is excluded;
  • delivery is on a best-efforts basis.

HHTI does not warrant achievement of business, operational, financial, or technical outcomes.

 

9. Acceptance of Products, Software & Services

Products, Software, and Services are deemed accepted upon the earliest of:

  • delivery;
  • first use;
  • failure to notify HHTI in writing of material non-conformity within seven (7) days.

 

10. Software Licence

Unless expressly agreed otherwise:

  • Software is licensed, not sold;
  • licence is non-exclusive, non-transferable, non-sublicensable;
  • source code is not provided.

Reverse engineering, redistribution, or commercial exploitation is prohibited.

 

11. Intellectual Property

All intellectual property rights remain the exclusive property of HHTI unless expressly transferred in writing.

 

12. Exclusive Remedy

HHTI may, at its sole discretion:

  • repair;
  • replace; or
  • refund the invoice value.

This is the sole and exclusive remedy.

 

13. No Implied Warranties

All implied warranties, including merchantability, satisfactory quality, fitness for purpose, durability, and non-infringement, are excluded to the maximum extent permitted by law.

 

14. Customer Responsibility for Suitability

The Customer is solely responsible for determining suitability for its use, deployment, environment, and industry requirements.

 

14A. Connectivity, Network & Carrier Compatibility

HHTI does not warrant that Products or Software will operate on all 4G, 5G, LTE, cellular, satellite, or wireless networks.

Performance varies based on region, carrier, signal, regulatory restrictions, and infrastructure.

HHTI shall have no liability where a Product does not function in a specific geographic location or network environment.

 

14B. Performance Disclaimer

HHTI does not guarantee uninterrupted operation, uptime, compatibility, or performance.

 

14C. Commercial Deployment Risk

All risks arising from deployment, installation, integration, or commercial use are borne by the Customer.

 

14D. Third-Party Service Dependency

HHTI is not responsible for outages, API changes, platform discontinuation, or licensing changes of third-party services.

 

14E. Field & Environmental Conditions

HHTI shall not be liable for failures caused by site conditions, interference, infrastructure limitations, or environmental exposure.

 

15. Limitation of Liability

HHTI’s total aggregate liability shall not exceed the invoice value of the Product or Service giving rise to the claim.

HHTI shall not be liable for:

  • loss of profits, revenue, contracts, or business;
  • loss of data or goodwill;
  • downtime or operational loss;
  • indirect or consequential damages.

Nothing excludes liability for death or personal injury caused by negligence.

 

15A. Claim Notification

Any claim must be submitted in writing within thirty (30) days of occurrence.

Failure to notify constitutes waiver of the claim.

 

16. Data & Cyber Liability

HHTI shall have no liability for data loss, cyber incidents, or unauthorised access except where directly caused by wilful misconduct.

 

17. Indemnity

The Customer indemnifies HHTI against claims arising from misuse, regulatory breach, integration, resale, or representations made by the Customer.

 

18. Third-Party Rights

No third party has rights under this Agreement.

 

19. Force Majeure

HHTI is not liable for delays due to supply chain disruption, sanctions, natural disasters, labour disputes, or events beyond control.

 

20. Export Control & Sanctions

The Customer must comply with export laws.

HHTI may suspend supply immediately where breach is suspected.

 

21. Termination

HHTI may terminate immediately for breach, non-payment, insolvency, or legal violation.

Termination gives rise to no compensation or loss claims.

 

21A. Payment Enforcement

HHTI may suspend supply, disable licences, terminate services, or recover Products where payment is overdue.

Recovery costs are payable by the Customer.

 

22. Assignment & Subcontracting

Customer may not assign without consent.

HHTI may subcontract where service is not materially reduced.

 

23. Audit & Compliance

HHTI may audit compliance and invoice for unauthorised use.

 

24. Privacy & Data Protection

Personal data is processed in accordance with applicable data protection law.

Data Protection Officer: dpo@handheldireland.com

Privacy policy available at: www.handheldireland.com

 

25. Governing Law & Jurisdiction

Irish law applies.

Irish courts have exclusive jurisdiction.

 

26. Severability

If any provision is unenforceable, it shall be modified to remain enforceable while preserving intent.