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Quick Reference Guide 19
(ii) any claimed defect, failure or damage which Datalogic determines was
caused by faulty operations, improper use, abuse, misuse, wear and tear, neg-
ligence, improper storage or use of parts or accessories not approved or sup-
plied 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 mainte-
nance, 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 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
degradation 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 provision shall be valid or binding upon Datalogic.
DATALOGIC'S LIMITED WARRANTY IS IN LIEU OF ALL OTHER WAR-
RANTIES, 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 LIA-
BLE 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 STATE-
MENT IS THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR
WARRANTY CLAIMS. UNDER NO CIRCUMSTANCES WILL DATALOG-
IC BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOST
PROFITS, OR ANY INCIDENTAL, CONSEQUENTIAL IN-DIRECT, SPE-
CIAL OR CONTINGENT DAMAGES REGARDLESS OF WHETHER DAT-
ALOGIC 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. Dat-
alogic 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.
21


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