Regulatory Information
Quick Reference Guide
33
defective or eligible for warranty repair.
Warranty Exclusions
The D
elfi
Factory Warranty shall not apply to:
(i)
any product which has been damaged, modified, altered,
repaired or upgraded by other than D
elfi
service person-
nel or its authorized representatives;
(ii)
any claimed defect, failure or damage which D
elfi
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 D
elfi
;
(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 D
elfi
.
D
ELFI
'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. D
ELFI
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 D
EFLI
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 D
ELFI
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
D
elfi
. D
elfi
shall assume risk of loss or damage for product in D
elfi
’s
possession. In the absence of specific written instructions for the
return of product to Customer, D
elfi
will select the carrier, but D
elfi
shall not thereby assume any liability in connection with the return
shipment.
