12 Magellan™ 8300/8400
Out of Warranty Services
For products no longer covered by warranty services, Datalogic may offer billable repair ser-
vices on products, provided such products are serviceable. Buyer acknowledges and
accepts that for some older products the repair may exceed the costs of manufacturing a
new product and Datalogic may decline to perform repair services. Upon Buyer’s request for
out of warranty services, Datalogic will evaluate the request of repair and shall provide, to
the extent applicable and feasible according to the above, a cost-estimate for repairs, which
will be on a time and materials basis.
Remedies
If Buyer fails, with or without cause, to furnish Datalogic with specifications and/or instruc-
tions for, or refuses to accept deliveries of, any of the products sold under this contract, or is
otherwise in default under or in repudiation of this contract or any other contract with Dat
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alogic or fails to pay when due any invoice under this contract, then in addition to any and
all remedies allowed by law, Datalogic without notice may (1) bill and declare due and pay
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able all undelivered products under this or any other contract between Datalogic and the
Buyer; and/or (2) defer shipment under this or any other contract between the Buyer and
Datalogic until such default, breach, or repudiation is removed; and/or (3) may cancel any
undelivered portion of this and/or any other contract in whole or in part (with Buyer
remaining liable for damages).
Risk of Loss
Buyer 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 spe
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cific written instructions for the return of product to Buyer, Datalogic will select the carrier,
but Datalogic shall not thereby assume any liability in connection with the return shipment.
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