Datalogic QuickScan Lite QW2100 Quick Reference Manual page 42

ucts. Failure to offer Datalogic such opportunity shall constitute
acceptance by Buyer and waiver of all claims for defects. The
products must always be returned within ten (10) days from the
date of authorization issued by Datalogic. If Datalogic deter-
mines Buyer's claim is valid, Datalogic will repair or replace prod-
uct without additional charge for parts and labor. Buyer shall be
responsible for packaging and shipping the product to the desig-
nated Datalogic service center, with shipping charges prepaid.
Datalogic shall pay for the return of the product to Buyer if the
shipment is to a location within the country in which the Data-
logic service center is located. Buyer shall be responsible for pay-
ing all shipping charges, duties, taxes, and any other charges for
products returned to any other locations.
DATALOGIC'S WARRANTY, AS DESCRIBED HEREIN, IS IN LIEU OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR
WRITTEN, STATUTORY 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 SUS-
TAINED BY BUYER ARISING FROM DELAYS IN THE REPLACE-
MENT OR REPAIR OF PRODUCTS UNDER THE ABOVE. THE
REMEDY SET FORTH IN THIS WARRANTY STATEMENT IS THE
BUYER'S SOLE AND EXCLUSIVE REMEDY FOR WARRANTY
CLAIMS. UNDER NO CIRCUMSTANCES WILL DATALOGIC BE LIA-
BLE TO BUYER OR ANY THIRD PARTY FOR ANY LOST PROFITS, OR
ANY INCIDENTAL, CONSEQUENTIAL INDIRECT, SPECIAL OR CON-
TINGENT DAMAGES REGARDLESS OF WHETHER DATALOGIC
HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
DATALOGIC' S LIABILITY FOR DAMAGES ON ACCOUNT OF A
CLAIMED DEFECT IN ANY PRODUCT DELIVERED BY DATALOGIC
SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE
PRODUCT ON WHICH THE CLAIM IS BASED. DATALOGIC SHALL
NOT BE LIABLE FOR DAMAGES RELATING TO ANY INSTRUMENT,
EQUIPMENT, OR APPARATUS WITH WHICH THE PRODUCT SOLD
UNDER THIS AGREEMENT IS USED.
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 man-
ufacturing a new product and Datalogic may decline to perform
repair services. Upon Buyer's request for out of warranty ser-
vices, Datalogic will evaluate the request of repair and shall pro-
vide, 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 deliv-
eries of, any of the products sold under this contract, or is other-
wise in default under or in repudiation of this contract or any
other contract with Datalogic or fails to pay when due any invoice
under this contract, then in addition to any and all remedies al-
lowed by law, Datalogic without notice may (1) bill and declare
due and payable all undelivered products under this or any other
38
TM
QuickScan Lite QW2100