Warranty Exclusions
The Datalogic Factory Warranty shall not apply to:
(i)
any product which has been damaged, modified, altered, repaired or
upgraded by other than Datalogic service personnel or its authorized repre-
sentatives;
(ii)
any claimed defect, failure or damage which Datalogic determines was
caused by faulty operations, improper use, abuse, misuse, wear and tear,
negligence, improper storage or use of parts or accessories not approved or
supplied by Datalogic;
(iii)
any claimed defect or damage caused by the use of product with any other
instrument, equipment or apparatus;
(iv)
any claimed defect or damage caused by the failure to provide proper main-
tenance, including but not limited to cleaning the upper window in accor-
dance with product manual;
(v)
any defect or damage caused by natural or man-made disaster such as but
not limited to fire, water damage, floods, other natural disasters, vandalism
or abusive events that would cause internal and external component dam-
age or destruction of the whole unit, consumable items;
(vi)
any damage or malfunctioning caused by non-restoring action as for exam-
ple firmware or software upgrades, software or hardware reconfigurations
etc.;
(vii)
the replacement of upper window/cartridge due to scratching, stains or
other degradation and/or
(viii) any consumable or equivalent (e.g., cables, power supply, batteries, key-
pads, touch screen, triggers etc.).
No Assignment
Customer may not assign or otherwise transfer its rights or obligations under this
warranty except to a purchaser or transferee of product. No attempted assignment
or transfer in violation of this provision shall be valid or binding upon Datalogic.
DATALOGIC'S LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. DATALOGIC SHALL NOT BE LIABLE
FOR ANY DAMAGES SUSTAINED BY CUSTOMER ARISING FROM DELAYS IN THE
REPLACEMENT OR REPAIR OF PRODUCTS UNDER THE ABOVE. THE REMEDY SET
FORTH IN THIS WARRANTY STATEMENT IS THE CUSTOMER'S SOLE AND EXCLUSIVE
REMEDY FOR WARRANTY CLAIMS. UNDER NO CIRCUMSTANCES WILL DATALOGIC
BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOST PROFITS, OR ANY
INCIDENTAL, CONSEQUENTIAL IN-DIRECT, SPECIAL OR CONTINGENT DAMAGES
REGARDLESS OF WHETHER DATALOGIC HAD ADVANCE NOTICE OF THE POSSIBILITY
OF SUCH DAMAGES.
Risk of Loss
Customer shall bear risk of loss or damage for product in transit to Datalogic. Data-
logic 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 Customer,
Datalogic will select the carrier, but Datalogic shall not thereby assume any liability
in connection with the return shipment.