Statement of Agency Compliance
54 Gryphon™ I GBT4400
Warranty Exclusions
The Datalogic Factory Warranty shall not apply to:
(i) any product which has been damaged, modified, altered,
repaired or upgraded by other than Datalogic service person-
nel or its authorized representatives;
(ii) any claimed defect, failure or damage which Datalogic deter-
mines 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 apparatus;
(iv) any claimed defect or damage caused by the failure to provide
proper maintenance, including but not limited 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 damage, floods, other nat-
ural 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, bat-
teries, 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 WARRAN-
TIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHER-
WISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONIN-
FRINGEMENT. DATALOGIC SHALL NOT BE LIABLE FOR ANY DAMAGES
SUSTAINED BY CUSTOMER ARISING FROM DELAYS IN THE REPLACE-
MENT 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 CIRCUM-
STANCES 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 Dat-
alogic. Datalogic shall assume risk of loss or damage for product in Dat-
alogic’s possession. In the absence of specific written instructions for the
return of product to Customer, Datalogic will select the carrier, but Dat-
alogic shall not thereby assume any liability in connection with the re-
turn shipment.