No Assignment; Risk Of Loss - Datalogic Gryphon I GFS4400 Quick Reference Manual

Datalogic Limited Factory Warranty

No Assignment

Customer may not assign or otherwise transfer its rights or obliga-
tions 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 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. DATALOGIC SHALL NOT BE LIABLE
FOR ANY DAMAGES SUSTAINED BY CUSTOMER ARISING FROM
DELAYS IN THE REPLACEMENT OR REPAIR OF PRODUCTS UNDER
THE ABOVE. THE REMEDY SET FORTH IN THIS WARRANTY STATE-
MENT 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 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
Datalogic. Datalogic shall assume risk of loss or damage for product
in Datalogic's possession. In the absence of specific written instruc-
tions for the return of product to Customer, Datalogic will select the
carrier, but Datalogic shall not thereby assume any liability in con-
nection with the return shipment.
Quick Reference Guide 31