Out of Warranty Services
For products no longer covered by warranty services, Datalogic may offer
billable repair services on products, provided such products are service-
able. Buyer acknowledges and accepts that for some older products the
repair may exceed the costs of manufacturing a new product and Data-
logic may decline to perform repair services. Upon Buyer's request for out
of warranty services, Datalogic will evaluate the request of repair and
shall provide, to the extent applicable and feasible according to the above,
a cost-estimate for repairs, which will be on a time and materials basis.
Remedies
If Buyer fails, with or without cause, to furnish Datalogic with specifica-
tions and/or instructions for, or refuses to accept deliveries of, any of the
products sold under this contract, or is otherwise in default under or in
repudiation of this contract or any other contract with Datalogic or fails to
pay when due any invoice under this contract, then in addition to any and
all remedies allowed by law, Datalogic without notice may (1) bill and
declare due and payable all undelivered products under this or any other
contract between Datalogic and the Buyer; and/or (2) defer shipment
under this or any other contract between the Buyer and Datalogic until
such default, breach, or repudiation is removed; and/or (3) may cancel
any undelivered portion of this and/or any other contract in whole or in
part (with Buyer remaining liable for damages).
Risk of Loss
Buyer shall bear risk of loss or damage for product in transit to Datalogic.
Datalogic shall assume risk of loss or damage for product in Datalogic's
possession. In the absence of specific written instructions for the return
of product to Buyer, Datalogic will select the carrier, but Datalogic shall
not thereby assume any liability in connection with the return shipment.
Quick Reference Guide
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