Warranty
26
   POWERSCAN™ PD96XX
WARRANTY
Datalogic warrants that the Products shall be free from defects in materials
and  workmanship  under  normal  and  proper  use  during  the  Warranty
Period.  Products  are  sold  on  the  basis  of  specifications  applicable  at  the
time of manufacture and Datalogic has no obligation to modify or update
Products  once  sold.  The  Warranty  Period  shall  be  three  years  from  the
date  of  shipment  by  Datalogic,  unless  otherwise  agreed  in  an  applicable
writing by Datalogic.
Datalogic  will  not  be  liable  under  the  warranty  if  the  Product  has  been
exposed  or  subjected  to  any:  (1)  maintenance,  repair,  installation,  han-
dling, packaging, transportation, storage, operation or use that is improper
or  otherwise  not  in  compliance  with  Datalogic’s  instruction;  (2)  Product
alteration, modification or repair by anyone other than Datalogic or those
specifically  authorized  by  Datalogic;  (3)  accident,  contamination,  foreign
object damage, abuse, neglect or negligence after shipment to Buyer; (4)
damage caused by failure of a Datalogic-supplied product not under war-
ranty  or  by  any  hardware  or  software  not  supplied  by Datalogic;  (5) any
device on which the warranty void seal has been altered, tampered with,
or  is  missing;  (6)  any  defect  or  damage  caused  by  natural  or  man-made
disaster such as but not limited to fire, water damage, floods, other natural
disasters, vandalism or abusive events that would cause internal and exter-
nal  component  damage  or  destruction  of  the  whole  unit,  consumable
items; (7) use of counterfeit or replacement parts that are neither manu-
factured  nor  approved  by  Datalogic  for  use  in  Datalogic-manufactured
Products; (8) any damage or malfunctioning caused by non-restoring action
as  for  example  firmware  or  software  upgrades,  software  or  hardware
reconfigurations etc.; (9) loss of data; (10) any  consumable  or  equivalent
(e.g. cables, power supply, batteries, etc.); or (11) any device on which the
serial number is missing or not recognizable.
THE DATALOGIC WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES,  WHETHER  WRITTEN,  EXPRESS,  IMPLIED,  STATUTORY  OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF  MERCHANTABILITY  AND  FITNESS  FOR  PARTICULAR  PURPOSE.  DATA-
LOGIC  SHALL  NOT  BE  LIABLE  FOR  ANY  DAMAGES  SUSTAINED  BY  BUYER
ARISING  FROM  DELAYS  IN  THE  REPLACEMENT  OR  REPAIR  OF  PRODUCTS
UNDER  THE  ABOVE.  THE  REMEDY  SET  FORTH  IN  THE  WARRANTY  STATE-
MENT  IS  THE  BUYER’S  SOLE  AND  EXCLUSIVE  REMEDY  FOR  WARRANTY
CLAIMS. NO EXTENSION OF THIS WARRANTY WILL BE BINDING UPON DAT-
ALOGIC  UNLESS  SET  FORTH  IN  WRITING  AND  SIGNED  BY  DATALOGIC'S
AUTHORIZED REPRESENTATIVE. DATALOGIC'S LIABILITY FOR DAMAGES ON
ACCOUNT OF  A  CLAIMED DEFECT IN ANY PRODUCT DELIVERED BY  DATA-
LOGIC SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT
ON  WHICH  THE  CLAIM  IS  BASED.  DATALOGIC  SHALL  NOT  BE  LIABLE  FOR
DAMAGES RELATING TO ANY  INSTRUMENT, EQUIPMENT, OR APPARATUS
WITH WHICH THE PRODUCT SOLD UNDER THIS AGREEMENT IS USED. Fur-
ther  details  on  warranty  coverage,  rights  and  conditions  are  addressed
under  and  regulated  by  the  Terms  and  Conditions  of  Sales  of  Datalogic
available at https://www.datalogic.com/terms_conditions_sales.