Operation Manual

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Quick Reference Guide 29
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 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
MERCHANTABILITY, FITNESS FOR A PARTICULAR PUR-
POSE, OR NONINFRINGEMENT. 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 CUS-
TOMER’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 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 Dat-
alogic. Datalogic shall assume risk of loss or damage for product in Dat-
alogic’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.