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Statement of Agency Compliance
(v)
any defect or damage caused by natural or man-made disaster such
as but not limited to fire, water damage, floods, other natural disas-
ters, vandalism or abusive events that would cause internal and exter-
nal component damage or destruction of the whole unit, consumable
items;
(vi)
any damage or malfunctioning caused by non-restoring action as for
example firmware or software upgrades, software or hardware recon-
figurations etc.;
(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 obligations under this war-
ranty except to a purchaser or transferee of product. No attempted assignment or trans-
fer 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, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITA-
TION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. DATALOGIC SHALL NOT BE LIABLE FOR ANY DAM-
AGES SUSTAINED BY CUSTOMER ARISING FROM DELAYS IN THE REPLACEMENT OR
REPAIR 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 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 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.
56
Gryphon™ I GBT4400
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