Datalogic ADC Limited Factory Warranty
Quick Reference Guide
41
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 OTH-
ER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRIT-
TEN, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANT-
ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONIN-
FRINGEMENT. DATALOGIC SHALL NOT BE LIABLE FOR ANY
DAMAGES SUSTAINED BY CUSTOMER ARISING FROM DE-
LAYS IN THE REPLACEMENT OR REPAIR OF PRODUCTS UN-
DER 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 CUS-
TOMER 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 Dat-
alogic. Datalogic shall assume risk of loss or damage for product in Dat-
alogic’s possession. In the absence of specific written instructions for the
return of product to Customer, Datalogic will select the carrier, but Dat-
alogic shall not thereby assume any liability in connection with the return
shipment.
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