No Assignment; Risk Of Loss - Datalogic Magellan CSS4400 Quick Reference Manual

Datalogic USA, Inc. Limited Factory Warranty
(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, vandalism or abusive events that would cause internal
and external 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
reconfigurations 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, batter-
ies, keypads, 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 at-
tempted 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 WARRANTIES,
EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MER-
CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONIN-
FRINGEMENT. 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 STATEMENT IS THE CUSTOMER'S SOLE AND EXCLU-
SIVE 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 DATA-
LOGIC 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 Data-
logic. Datalogic shall assume risk of loss or damage for product in Datalog-
ic's possession. In the absence of specific written instructions for the
return of product to Customer, Datalogic will select the carrier, but Data-
logic shall not thereby assume any liability in connection with the return
shipment.
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