Datalogic PowerScan PBT9501-AR, Quick Reference Manual

Page: 35 / 44

Datalogic Limited Factory Warranty
Quick Reference Guide 27
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 person-
nel 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 pro-
vide proper maintenance, including but not limited to clean-
ing 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 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, soft-
ware or hardware reconfigurations etc.;
(vii) the replacement of upper window/cartridge due to scratch-
ing, 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 obliga-
tions under this 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.
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 WAR-
RANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUR-
POSE, OR NONINFRINGEMENT. DATALOGIC SHALL NOT BE LIABLE
FOR ANY DAMAGES SUSTAINED BY CUSTOMER ARISING FROM DE-
LAYS 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 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 instruc-
tions for the return of product to Customer, Datalogic will select the
carrier, but Datalogic shall not thereby assume any liability in connec-
tion with the return shipment.