18
Magellan
TM
3200VSi
(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 Dat-
alogic;
(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 accordance 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 abu-
sive 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 war-
ranty 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 LIMITA-
TION, 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 CON-
TINGENT 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. 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 Customer, Datalogic will select
the carrier, but Datalogic shall not thereby assume any liability in connection with the
return shipment.
