Datalogic Gryphon GPS4421 Quick Reference Manual page 36

Datalogic ADC Limited Factory Warranty
(iv) any claimed defect or damage caused by the failure to provide proper
maintenance, including but not limited to cleaning the upper window in
accordance with product manual;
(v) any defect or damage caused by natural or man-made disaster such as
but not limited to fire, water damage, floods, other natural disasters, van-
dalism or abusive events that would cause internal and external compo-
nent 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 reconfigu-
rations 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, key-
pads, touch screen, triggers etc.).
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 assign-
ment or transfer in violation of this provision shall be valid or binding upon Data-
logic.
DATALOGIC' S LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EX-
PRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FIT-
NESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DATALOGIC SHALL
NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY CUSTOMER ARISING FROM DE-
LAYS 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 CONTIN-
GENT 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. Da-
talogic 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 Custom-
er, Datalogic will select the carrier, but Datalogic shall not thereby assume any lia-
bility in connection with the return shipment.
28 Gryphon™ GPS4400