Warranty
Warranty
Datalogic warrants to Customer that Datalogic's products will be free from defects in materials and workmanship for a period of 3 years from product shipment. This war- ranty does not extend to batteries and cables. As consumable items batteries and cables carry a 90 day warranty from time of purchase for DOA (dead on arrival) defects. In order to obtain service under this Warranty, Customer must notify Data- logic of the claimed defect before the expiration of the Warranty period and obtain from Datalogic a return authorization number for return of the product to designated Datalogic service center. If Datalogic determines Customer’s claim is valid, Datalogic will repair or replace product without additional charge for parts and labor. Customer shall be responsible for packaging and shipping the product to the designated Data- logic service center, with shipping charges prepaid. Datalogic shall pay for the return of the product to Customer if the shipment is to a location within the country in which the Datalogic service center is located. Customer shall be responsible for paying all shipping charges, duties, taxes, and any other charges for products returned to any other locations.
Warranty is subject to the limitations and exclusions set forth in the paragraphs that follow.
WARRANTY SET FORTH ABOVE IS IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS.
Exclusions
Warranty coverage shall not apply to any claimed defect, failure or damage which Datalogic determines was caused by: improper use of product; failure to provide product maintenance, including but not limited to cleaning of the upper window in accordance with product manual; installation or service of product by other than Dat- alogic representatives; use of product with any other instrument, equipment or appa- ratus; modification or alteration of product. External cables and replacement of upper window/cartridge due to scratching, stains or other degradation will not be covered under the Warranty. External power supplies returned for service must be accompa- nied by the original product for performance of service.
Limitation of Liability
Datalogic's REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCT AS SET FORTH ABOVE IS THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY ON ACCOUNT OF CLAIMS OF BREACH OF WARRANTY OR PRODUCT DEFECT. UNDER NO CIRCUMSTANCES WILL Dat- alogic BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOST PROFITS, OR ANY INCIDENTAL, CONSEQUENTIAL
Assignment
Customer may not assign or otherwise transfer its rights or obligations under War- ranty 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.
Risk of Loss
Customer shall bear risk of loss or damage for product in transit to Datalogic. Data- logic shall assume risk of loss or damage for product in Datalogic's possession or product being returned to Customer by Datalogic, except such loss or damage as may be caused by the negligence of Customer, its agents or employees. 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.
44 | Gryphon™ I GM4100 |
