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the designated Datalogic service center, with shipping charges prepaid. Datalogic shall pay for the
return of the product to Customer if the shipment is to a location within the country in which the Dat-
alogic service center is located. Customer shall be responsible for paying all shipping charges, duties,
taxes, and any other charges for products returned to any other locations. Failure to follow the appli-
cable RMA policy, may result in a processing fee. Customer shall be responsible for return shipment
expenses for products which Datalogic, at its sole discretion, determines are not defective or eligible
for warranty repair.
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 representatives;
(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 maintenance,
including but not limited to cleaning the upper window in accordance with product man-
ual;
(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 damage or destruction of the whole unit,
consumable items;
(vi) any damage or malfunctioning caused by non-restoring action as for example firmware
or software upgrades, software or hardware reconfigurations etc.;
(vii) the replacement of upper window/cartridge due to scratching, stains or other degrada-
tion and/or
(viii) any consumable or equivalent (e.g., cables, power supply, batteries, keypads, 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 provi-
sion 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 POS-
SIBILITY OF SUCH DAMAGES.
Risk of Loss
Customer 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 instruc-
tions 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.
46


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