Datalogic PowerScan PM9501 Series Quick Reference Manual page 33

Warranty Exclusions
The Datalogic Factory Warranty shall not apply to:
(i) any product which has been damaged, modified, altered,
repaired or upgraded by other than Datalogic service per-
sonnel or its authorized representatives;
(ii) any claimed defect, failure or damage which Datalogic
determines was caused by faulty operations, improper use,
abuse, misuse, wear and tear, negligence, improper storage
or use of parts or accessories not approved or supplied by
Datalogic;
(iii) any claimed defect or damage caused by the use of product
with any other instrument, equipment or apparatus;
(iv) any claimed defect or damage caused by the failure to pro-
vide proper maintenance, including but not limited to clean-
ing 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, 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, soft-
ware or hardware reconfigurations etc.;
(vii) the replacement of upper window/cartridge due to scratch-
ing, 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 obli-
gations under this warranty except to a purchaser or transferee of
product. No attempted 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 WAR-
RANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICU-
LAR PURPOSE, OR NONINFRINGEMENT. DATALOGIC SHALL NOT
BE LIABLE FOR ANY DAMAGES SUSTAINED BY CUSTOMER ARIS-
ING FROM DELAYS IN THE REPLACEMENT OR REPAIR OF PROD-
UCTS 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 CIRCUM-
STANCES WILL DATALOGIC BE LIABLE TO CUSTOMER OR ANY
THIRD PARTY FOR ANY LOST PROFITS, OR ANY INCIDENTAL, CON-
SEQUENTIAL INDIRECT, SPECIAL OR CONTINGENT DAMAGES RE-
GARDLESS 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, Dat-
alogic will select the carrier, but Datalogic shall not thereby as-
sume any liability in connection with the return shipment.
Quick Reference Guide
Datalogic Limited Factory Warranty
23