65
EN
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.
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
fl
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
fi
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.
This limited warranty is exclusively for the bene
fi
t
of the original customer and cannot be transferred
or assigned.
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