Olympus FE-5040 Instruction Manual Download

Page: 68 / 76

Olympus, at its sole discretion, will repair, replace, or adjust
the defective Product, provided that Olympus investigation and
factory inspection disclose that (a) such defect developed under
normal and proper use and (b) the Product is covered under this
limited warranty.
Repair, replacement, or adjustment of defective Products shall
be Olympus’s sole obligation and the customer’s sole remedy
hereunder.
The customer is liable and shall pay for shipment of the
Products to the Olympus Service Center.
Olympus shall not be obligated to perform preventive
maintenance, installation, deinstallation, or maintenance.
Olympus reserves the right to (i) use reconditioned, refurbished,
and/or serviceable used parts (that meet Olympus’s quality
assurance standards) for warranty or any other repairs and (ii)
make any internal or external design and/or feature changes
on or to its products without any liability to incorporate such
changes on or to the Products.

WHAT IS NOT COVERED BY THIS LIMITED
WARRANTY

Excluded from this limited warranty and not warranted by
Olympus in any fashion, either express, implied, or by statute,
are:
(a) products and accessories not manufactured by Olympus

and/or not bearing the “OLYMPUS” brand label (the
warranty coverage for products and accessories of other
manufacturers, which may be distributed by Olympus, is the
responsibility of the manufacturers of such products and
accessories in accordance with the terms and duration of
such manufacturers’ warranties);

(b) any Product which has been disassembled, repaired,

tampered with, altered, changed, or modi

ed by persons

other than Olympus’s own authorized service personnel
unless repair by others is made with the written consent of
Olympus;

misuse, abuse, negligence, sand, liquids, impact, improper
storage, nonperformance of scheduled operator and
maintenance items, battery leakage, use of non-“OLYMPUS”
brand accessories, consumables, or supplies, or use of the
Products in combination with non-compatible devices;

(d) software programs;
(e) supplies and consumables (including but not limited to

lamps, ink, paper,

lm, prints, negatives, cables and

batteries); and/or

(f) Products which do not contain a validly placed and recorded

Olympus serial number, unless they are a model on which
Olympus does not place and record serial numbers.

EXCEPT FOR THE LIMITED WARRANTY SET FORTH
ABOVE, OLYMPUS MAKES NO AND DISCLAIMS ALL OTHER
REPRESENTATIONS, GUARANTIES, CONDITIONS, AND
WARRANTIES CONCERNING THE PRODUCTS, WHETHER
DIRECT OR INDIRECT, EXPRESS OR IMPLIED, OR ARISING
UNDER ANY STATUTE, ORDINANCE, COMMERCIAL USAGE
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTY OR REPRESENTATION AS TO THE SUITABILITY,
DURABILITY, DESIGN, OPERATION, OR CONDITON OF
THE PRODUCTS (OR ANY PART THEREOF) OR THE
MERCHANTABILITY OF THE PRODUCTS OR THEIR FITNESS
FOR A PARTICULAR PURPOSE, OR RELATING TO THE
INFRINGEMENT OF ANY PATENT, COPYRIGHT, OR OTHER
PROPRIETARY RIGHT USED OR INCLUDED THEREIN.
IF ANY IMPLIED WARRANTIES APPLY AS A MATTER OF
LAW, THEY ARE LIMITED IN DURATION TO THE LENGTH OF
THIS LIMITED WARRANTY.
SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR
LIMITATION OF WARRANTIES AND/OR LIMITATION OF
LIABILITY SO THE ABOVE DISCLAIMERS AND EXCLUSIONS
MAY NOT APPLY.
THE CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR
ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM
STATE TO STATE.
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT
OLYMPUS SHALL NOT BE RESPONSIBLE FOR ANY
DAMAGES THAT THE CUSTOMER MAY INCUR FROM
DELAYED SHIPMENT, PRODUCT FAILURE, PRODUCT
DESIGN, SELECTION, OR PRODUCTION, IMAGE OR DATA
LOSS OR IMPAIRMENT OR FROM ANY OTHER CAUSE,
WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY)
OR OTHERWISE. IN NO EVENT SHALL OLYMPUS BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR
SPECIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT
LIMITATION LOSS OF PROFITS OR LOSS OF USE), WHETHER
OR NOT OLYMPUS SHALL BE OR SHOULD BE AWARE OF
THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.

Representations and warranties made by any person, including
but not limited to dealers, representatives, salespersons, or
agents of Olympus, which are inconsistent or in con

ict with

or in addition to the terms of this limited warranty, shall not be
binding upon Olympus unless reduced to writing and approved
by an expressly authorized of

cer of Olympus.

This limited warranty is the complete and exclusive statement of
warranty which Olympus agrees to provide with respect to the
Products and it shall supersede all prior and contemporaneous
oral or written agreements, understandings, proposals, and
communications pertaining to the subject matter hereof.