Operation Manual

18 PowerScan

PD7100 Corded

(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 Data-

logic;

(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 mainte-

nance, 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, 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, batteries, keypads, touch

screen, triggers etc.).

No Assignment

Customer may not assign or otherwise transfer its rights or obligations under this war-

ranty except to a purchaser or transferee of product. No attempted assignment or trans-

fer 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 LIMITA-

TION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, OR NONINFRINGEMENT. DATALOGIC SHALL NOT BE LIABLE FOR ANY DAM-

AGES 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 CONTINGENT 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.