Risk Of Loss - Datalogic Magellan 3500HSi Quick Reference Manual

Out of Warranty Services
For products no longer covered by warranty services, Datalogic may offer billable repair
services on products, provided such products are serviceable. Buyer acknowledges and
accepts that for some older products the repair may exceed the costs of manufacturing a
new product and Datalogic may decline to perform repair services. Upon Buyer's request
for out of warranty services, Datalogic will evaluate the request of repair and shall provide,
to the extent applicable and feasible according to the above, a cost-estimate for repairs,
which will be on a time and materials basis.
Remedies
If Buyer fails, with or without cause, to furnish Datalogic with specifications and/or
instructions for, or refuses to accept deliveries of, any of the products sold under this con-
tract, or is otherwise in default under or in repudiation of this contract or any other con-
tract with Datalogic or fails to pay when due any invoice under this contract, then in
addition to any and all remedies allowed by law, Datalogic without notice may (1) bill and
declare due and payable all undelivered products under this or any other contract between
Datalogic and the Buyer; and/or (2) defer shipment under this or any other contract
between the Buyer and Datalogic until such default, breach, or repudiation is removed;
and/or (3) may cancel any undelivered portion of this and/or any other contract in whole
or in part (with Buyer remaining liable for damages).

Risk of Loss

Buyer 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 instructions for the return of product to Buyer, Datalogic will select the
carrier, but Datalogic shall not thereby assume any liability in connection with the return
shipment.
18 Magellan™ 3500HSi