When you purchase Metrologic products online, the following Standard Terms and Conditions of Sale shall apply.

An order to Metrologic for products ("Products") shall be accepted only under the terms and conditions of this Agreement (the "Agreement") and is expressly made conditional on your assent to the terms and conditions contained in the Agreement.  Acceptance of goods shipped or services provided by Metrologic signify that you (referred to in these terms and conditions as "you" or as "Buyer") automatically accept the terms of the Agreement.  Verbal representations, unless contained in this document, shall not be enforceable under the Agreement.

1. Price and Payment. (a) You must pay for purchases either with a current valid VISA, MasterCard, or a School P.O. number which will be validated by our order entry staff.  Your credit card account will be charged when your order is processed.  The total price for the Products and Services will be stated on your invoice. (b) Prices and configurations advertised are subject to change without notice or obligation prior to acceptance of your order.  (c) Product prices advertised do not include any shipping and handling charges nor do they include any applicable export fees.  (d) Product prices do not include any federal, state, municipal or other government excise, custom duties, sales, use, occupational or like taxes in force and any such taxes shall be assumed and paid for by Buyer. 
2. Title & Delivery.  (a) At Metrologics option, shipment will be FOB Metrologic's Blackwood, New Jersey Manufacturing facility, or its distribution center of choice.  Risk of loss or damage shall pass from Metrologic to Buyer upon delivery to common carrier or Buyer's representative at the FOB point, Metrologic's Blackwood, New Jersey Manufacturing facility, or its distribution center of choice.  Buyer shall be responsibility for insurance.  All claims for damage must be filed by Buyer directly with carrier; (b) Metrologic will select the carrier for shipment, but by doing so, will not thereby assume any liability in connection with shipment nor shall the carrier in any way be construed to be the agent of Metrologic; (c) Metrologic shall not be liable for any damages or penalty for delay caused solely by transportation or failure to give notice of such delay.
3. Software.  All software (including firmware) furnished to Buyer is on a licensed basis.  Metrologic grants to Buyer a non-transferable and non-exclusive license to use each software or firmware program delivered hereunder ("Licensed Program").  Each such license granted authorizes Buyer to use the Licensed Program in machine-readable form only, and in the case of software supplied with hardware, only on systems supplied by Metrologic to Buyer under this Agreement.  Such license may not be assigned, sublicensed or otherwise transferred by Buyer without prior written consent of Metrologic, except that, regarding any Licensed Program embodied in a Product, the transfer of such Product shall convey to Buyer's transferee a license to use such Licensed Program under terms commensurate with the License set forth in this Agreement.  No right to copy a Licensed Program in whole or in part is granted except as permitted under the Copyright Law.  Buyer shall not modify, merge, or incorporate any form or portion of a Licensed Program with other program material, create a derivative work from a Licensed Program, or use a Licensed Program in a network.  Buyer agrees to maintain Metrologic's copyright notice on the Licensed Programs delivered hereunder, and to include the same on any authorized copies it makes, in whole or in part.  Buyer agrees not to decompile, disassemble, decode or reverse engineer any Licensed Program delivered to Buyer or any portion thereof.
4. Infringement Indemnification.  Metrologic shall defend any claim, suit or proceeding brought against Buyer insofar as it is based on a claim that the use or transfer of any Product delivered hereunder constitutes an infringement of a United States patent or copyright in existence as of the date of delivery of the Product to Buyer (an "Infringement Claim") so long as Metrologic is notified promptly in writing by Buyer as to any such action and is given full authority, information and assistance (at Metrologic's expense) for the defense.  In addition to Metrologic's obligation to defend, Metrologic shall pay all damages and costs (except consequential damages) awarded therein against Buyer.  The obligations set forth above shall not, however, extend to Products delivered hereunder which would give rise to a claim, suit, proceeding, finding or conclusion solely for contributory infringement or inducement of infringement.  Metrologic shall not be responsible for any compromise made by Buyer without its consent.  Notwithstanding the foregoing, in the event of an Infringement Claim, Metrologic's obligation under this paragraph shall be fulfilled, at Metrologic's sole option and expense, if Metrologic at any time: (a) obtains a license for Buyer to continue the use or to sell the infringing Product purchased from Metrologic; or (b) refunds the purchase price paid to Metrologic by Buyer for such infringing Product less a reasonable amount for use, damage, or obsolescence, and removes such Product; or (c) replaces or modifies the infringing product so as to be substantially functionally equivalent to the infringing Product without infringment. Buyer agrees that the foregoing indemnification shall not apply and moreover, shall be extended to Metrologic for any claim of U.S. patent infringement which may be brought against Metrologic because of compliance with Buyer's particular design requirements, specifications or instructions.  Buyer grants to Metrologic the benefit of any license to Buyer under any patent which may be the subject of an infringement allegation hereunder to the extent permitted by said license. Metrologic shall have no liability to Buyer under this paragraph if any Infringement Claim is based upon the (i) use of Products delivered hereunder in connection or in combination with equipment, devices or software not delivered by Metrologic, or (ii) use of Products delivered hereunder in a manner for which the same were not designed, or (iii) modification by Buyer of Products delivered hereunder to the extent such modification is the cause of the claim or suit.  Metrologic shall further have no liability to Buyer for any Infringement Claim based on Buyer's use or transfer of the Product delivered hereunder after Metrologic's notice that Buyer shall cease use or transfer of such Product due to such claim.  EXCEPT AS STATED ABOVE, METROLOGIC DISCLAIMS ALL WARRANTIES AND INDEMNITIES, EXPRESS, IMPLIED OR STATUTORY, FOR PATENT OR COPYRIGHT INFRINGEMENT.
5. Warranty.  (a) Metrologic's standard Educational Laser Products (with the exception of its Solid State Laser Pointers, which have a warranty of 90 days) are warranted against defects in workmanship and materials for a period of twelve (12) months from the date of shipment, provided the Product remains unmodified and is operated under normal and proper conditions.  The sole obligation of Metrologic for defective hardware Products is limited to repair or replacement (at Metrologic's option) on a "return to factory" basis with prior Metrologic authorization.  Shipment to and from Metrologic will be at Metrologic's expense, unless no defect is found.  No charge will be made to Buyer for repair or replacement parts.  (b) The aforementioned provisions do not extend the original warranty period of any Product that had either been repaired or replaced by Metrologic.  (c) The above warranty shall not apply to any Product (I) which has been repaired or altered, except by Metrologic; (ii) which has not been maintained in accordance with any operating or handling instructions supplied by Metrologic, or (iii) which has been subject to unusual physical or electrical stress, misuse, abuse, negligence or accident.  EXCEPT FOR THE WARRANTY OF TITLE AND THE EXPRESS WARRANTIES STATED ABOVE, METROLOGIC DISCLAIMS ALL WARRANTIES ON PRODUCTS FURNISHED HEREUNDER INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.  The stated express warranties are in lieu of all obligations or liabilities on the part of Metrologic for damages, including but not limited to, special, indirect or consequential damages arising out of or in connection with the use or performance of the product or service.  Metrologic's liability for damages to Buyer or others resulting from the use of any Product or service furnished hereunder shall in no way exceed the purchase price of said Product or the fair market value of said service, except in instances of injury to persons or property.
6. Notices.  (a) Notices or other communications required by this Agreement shall be in writing, sent by courier, and shall be deemed to have been duly given upon receipt by Metrologic Instruments, Inc., 90 Coles Rd., Blackwood, NJ 08012, unless a notice of change of address shall have been received prior to the notice thereof.
7. Product Returns.  No Product will be accepted for return with a Return Authorization from Metrologic.  All Product must be returned to Metrologic prepaid, in new condition, unsold, undamaged, and unopened in the original sealed packaging, subject to the following: (a) A Return Authorization will be issued at no charge for return of Product within seven (7) business days of delivery of Product to Buyer from Metrologic; (b) A Return Authorization will be subject to a fifteen percent (15%) restocking charge for Product delivered to Buyer from Metrologic more than seven (7) days but less than thirty (30) days prior to the date the Return Authorization is requested by Buyer subject to approval by Metrologic; (c) Product delivered to Buyer from Metrologic more than thirty (30) days prior to Buyer's request for a Return Authorization will not be eligible for credit.  Custom Product cannot be returned.  Buyer remains liable for the original freight charges.
8. Force Majeure.  Shipping dates acknowledged by Metrologic are approximate and Metrologic will not be liable for any loss or damage due to its failure to meet scheduled shipping dates.  Metrologic shall in no event be liable for any delay or default in its performance of any obligation under this Agreement caused directly or indirectly by an act or omission of Buyer, fire, flood, act of God, acts of Government, an act or omission of civil or military authority of a state or nation, strike, lockout or other labor problem, inability to secure, delay in securing or shortage of labor, materials, supplies, transportation or energy, failures of subcontractors or suppliers, or by war, riot, embargo or civil disturbance, breakdown, or destruction of plant or equipment arising from any cause whatsoever, or any cause or causes beyond Metrologic's reasonable control.  At Metrologic's option and following notice to Buyer, any of the foregoing causes shall be deemed to suspend such obligations of Metrologic as long as any such cause shall prevent or delay performance, and Metrologic agrees to make and Buyer agrees to accept performance of such obligations whenever such cause has been remedied.
9. Disputes.  If legal proceedings are commenced to resolve a dispute arising out of or relating to this Agreement, the prevailing party shall be entitled to recover all of its costs, attorney fees, and expert witness fees, including any cost or attorney fees in connection with any appeals.
10. Entire Agreement; No Waiver.  The Agreement constitutes the entire Agreement between Buyer and Metrologic as to the subject matter stated herein, and no attempted variation, modification or waiver of any provision of this Agreement shall have any force or effect unless consented to in writing signed by the party against whom enforcement thereof is sought.  Such variation, modification or waiver shall be effective only in the specific instance consented to.  A failure by any party to exercise or delay in exercising any right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
11. Governing Law.  This Agreement shall be governed by the laws of the State of New Jersey without giving effect to the conflict of law principles thereof and excluding the Convention Contracts for the International Sale of Goods.  Each party hereby irrevocably and unconditionally submits for itself and its property in any legal action or proceeding relating to this Agreement or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the courts of the State of New Jersey, in the County of Camden, and to the United States District Court for the State of New Jersey, and to the respective appellate courts thereof in connection with any appeal therefrom.
12. Section Headings.  The Section headings used herein are for descriptive purposes only and shall not be used in construing the provisions of the Agreement.
13. Compliance with Laws and Regulations.  You must comply with all applicable export laws and regulations of the United States and other applicable countries if you export the Product outside the United States.