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103
EN
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
fi
ed by persons other than Olympus’s own
authorized service personnel unless repair
by others is made with the written consent of
Olympus;
(c) defects or damage to the Products resulting
from wear, tear, 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,
fi
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.
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