77
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.
