18
Magellan
TM
3300HSi
ered under Warranty. If a product is determined to be not
repairable customer will be notified and product may be returned to
customer at their request. A minimum repair fee may be charged.
Limitation of Liability
DATALOGIC's REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCT
AS SET FORTH ABOVE IS THE CUSTOMER’S SOLE AND EXCLUSIVE
REMEDY ON ACCOUNT OF CLAIMS OF BREACH OF WARRANTY OR
PRODUCT DEFECT. UNDER NO CIRCUMSTANCES WILL DATALOGIC
BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOST
PROFITS, OR ANY INCIDENTAL, CONSEQUENTIAL INDIRECT, SPE-
CIAL OR CONTINGENT DAMAGES REGARDLESS OF WHETHER DATA-
LOGIC HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH
DAMAGES.
Assignment
Customer may not assign or otherwise transfer its rights or obliga-
tions under Warranty except to a purchaser or transferee of prod-
uct. No attempted assignment or transfer in violation of this
provision shall be valid or binding upon Datalogic.
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 or product being returned to Customer by
Datalogic, except such loss or damage as may be caused by the
negligence of Customer, its agents or employees. 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.
