Operation Manual

14 Magellan

8300/8400

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 personnel 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 instru-

ment, equipment or apparatus;

(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 lim-

ited 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 firm-

ware or software upgrades, software or hardware reconfigurations etc.;

(vii) the replacement of upper window/cartridge due to scratching, stains or other deg-

radation 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 warranty

except to a purchaser or transferee of product. No attempted assignment or transfer in vio

lation 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 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 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 CON

TINGENT 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.