Operation Manual

14 PowerScan

PBT7100 Base Station

(vi) any damage or malfunctioning caused by non-restoring action as for

example firmware or software upgrades, software or hardware reconfig-

urations 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, key-

pads, 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 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 MERCHANT-

ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DAT-

ALOGIC 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, CONSEQUEN-

TIAL 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 posses-

sion. 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.