
18 Magellan
TM
8500Xt
(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 Datalogic;
(iii) any claimed defect or damage caused by the use of product with any other instrument, equipment or appa-
ratus;
(iv) any claimed defect or damage caused by the failure to provide proper maintenance, including but not lim-
ited 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 dam-
age, 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 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 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DATALOGIC
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 WAR-
RANTY 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.
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