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Quick Reference Guide 17

Warranty

Datalogic warrants to Customer that Datalogic's products will be free from defects in materials and workmanship

for a period of 5 years from product shipment. 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 deter-

mines 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 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 Datalogic

representatives; use of product with any other instrument, equipment or apparatus; modification or alteration of

product. External cables and replacement of upper window/cartridge due to scratching, stains or other degrada-

tion will not be covered under the Warranty. External power supplies returned for service must be accompanied

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 CUS-

TOMER’S SOLE AND EXCLUSIVE REMEDY ON ACCOUNT OF CLAIMS OF BREACH OF WARRANTY OR

PRODUCT DEFECT. 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.

Assignment

Customer may not assign or otherwise transfer its rights or obligations under 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.

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 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.

2983.book Page 17 Monday, January 12, 2009 12:43 PM

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