Datalogic Gryphon GFS4400 Quick Reference Manual page 45

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Datalogic ADC Limited Factory Warranty

No Assignment

Customer may not assign or otherwise transfer its rights or obligations

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 OTH-

ER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRIT-

TEN, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT

LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANT-

ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONIN-

FRINGEMENT. DATALOGIC SHALL NOT BE LIABLE FOR ANY

DAMAGES SUSTAINED BY CUSTOMER ARISING FROM DE-

LAYS IN THE REPLACEMENT OR REPAIR OF PRODUCTS UN-

DER 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 CUS-

TOMER OR ANY THIRD PARTY FOR ANY LOST PROFITS, OR

ANY INCIDENTAL, CONSEQUENTIAL IN-DIRECT, SPECIAL

OR CONTINGENT DAMAGES REGARDLESS OF WHETHER

DATALOGIC 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 Dat-

alogic. Datalogic shall assume risk of loss or damage for product in Dat-

alogic's possession. In the absence of specific written instructions for the

return of product to Customer, Datalogic will select the carrier, but Dat-

alogic shall not thereby assume any liability in connection with the return

shipment.

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