Risk Of Loss - Datalogic Gryphon GD44XX Quick Reference Manual

Datalogic ADC Limited Factory Warranty
(vii) the replacement of upper window/cartridge due to
scratching, 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 obli-
gations under this warranty except to a purchaser or transferee
of product. No attempted assignment or transfer in violation of
this provision shall be valid or binding upon Datalogic.
DATALOGIC' S LIMITED WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATU-
TORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. DATALOGIC
SHALL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY CUS-
TOMER ARISING FROM DELAYS IN THE REPLACEMENT OR RE-
PAIR 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 DATALOGIC BE LIABLE TO CUSTOMER
OR ANY THIRD PARTY FOR ANY LOST PROFITS, OR ANY INCIDEN-
TAL, CONSEQUENTIAL IN-DIRECT, SPECIAL OR CONTINGENT
DAMAGES REGARDLESS OF WHETHER DATALOGIC HAD AD-
VANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

Risk of Loss

Customer shall bear risk of loss or damage for product in transit
to Datalogic. Datalogic shall assume risk of loss or damage for
product in Datalogic's possession. In the absence of specific writ-
ten instructions for the return of product to Customer, Datalogic
will select the carrier, but Datalogic shall not thereby assume any
liability in connection with the return shipment.
36 PowerScan™ Retail PBT9500-RT