Datalogic Scanning XLR, SR Standard Warranty, Exclusions, Limitations of Liability, Risk of Loss

Standard Warranty

Datalogic warrants to Customer that Datalogic's products will be free from defects in materials and workmanship for a period of three years from product ship- ment.

In order to obtain service under this Warranty, Customer must notify Datalogic 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 Datalogic service center, with shipping charges prepaid. Datalogic shall pay for the return of the product to Customer if the ship- ment 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 below. Warranty set forth above is in lieu of any other warranties, expressed 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 scan windows in accordance with product manual; installation or service of product by other than Datalogic representatives; use of product with any other instrument, equipment or apparatus; modification or alteration of product. External cables and replacement of scan windows due to scratching, stains or other degradation will not be covered under the Warranty. Products returned for service must be accompanied by the original external power supplies for performance of service.

Limitations of Liability

Datalogic 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 war- ranty or product defect. Under no circumstances will Datalogic be liable to customer or any third party for any lost profits, or any incidental, consequential indi- rect, special or contingent damages regardless of whether Datalogic had advance notice of the possibility of such damages.

Assignment

Customer may not assign or otherwise transfer its rights or obligations under Warranty except to a purchaser or transferee of product. No attempted assign- ment 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. Datalogic shall assume risk of loss or damage for product in Datalogic’s posses- sion 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 employ- ees. 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.

iii PowerScan® RF Scanner