WHAT IS NOT COVERED BY THIS
LIMITED WARRANTY
Excluded from this limited warranty and not
warranted by Olympus in any fashion, either
express, implied,
or
by statute, are:
(a) products and accessories not manufactured by
Olympus and/or not bearing the "OLYMPUS"
brand label (the warranty coverage for products
and accessories of other manufacturers,
which may be distributed by Olympus, is the
responsibility of the manufacturers
of
such
products and accessories
in
accordance with
the terms and duration
of
such manufacturers'
warranties
);
(b) any Product which has been disassembled,
repaired, tampered with, altered, changed, or
modified by persons other than Olympus's own
authorized service personnel unless repair
by others is made with the written consent
of
Olympus;
(c) defects or damage to the Products resulting
from wear, tear, misuse, abuse, negligence,
sand, liquids, impact, improper storage,
nonperformance
of
scheduled operator and
maintenance items, battery leakage, use of non-
"OLYMPUS" brand accessories, consumables, or
supplies, or use of the Products
in
combination
with non-compatible devices;
(d) software programs;
(e) supplies and consumables (including but not
limited to lamps, ink, paper, film, prints, negatives,
cables and batteries); and/or
(f) Products which do not contain a validly placed
and recorded Olympus serial number, unless they
are a model
on
which Olympus does not place
and record serial numbers.
EXCEPT FOR THE LIMITED WARRANTY
SET
FORTH ABOVE, OLYMPUS MAKES
NO AND DISCLAIMS ALL OTHER
REPRESENTATIONS, GUARANTIES,
CONDITIONS, AND WARRANTIES
CONCERNING THE PRODUCTS, WHETHER
DIRECT
OR
INDIRECT, EXPRESS
OR
IMPLIED,
OR
ARISING UNDER ANY STATUTE
ORDINANCE, COMMERCIAL USAGE
OR
'
OTHERWISE, INCLUDING BUT
NOT
LIMITED
TO
ANY WARRANTY
OR
REPRESENTATION
AS TO THE SUITABILITY, DURABILITY,
DESIGN, OPERATION, OR CONDITON OF
THE PRODUCTS (OR ANY PART THEREOF)
OR
THE MERCHANTABILITY OF THE
PRODUCTS
OR
THEIR FITNESS FOR A
PARTICULAR PURPOSE,
OR
RELATING
TO THE INFRINGEMENT OF ANY PATENT
COPYRIGHT,
OR
OTHER
PROPRIETARY'
RIGHT USED
OR
INCLUDED THEREIN.
IF ANY IMPLIED WARRANTIES APPLY AS
A MATTER OF LAW, THEY ARE LIMITED
IN
DURATION TO THE LENGTH
OF
THIS
LIMITED WARRANTY.
SOME STATES MAY
NOT
RECOGNIZE
A DISCLAIMER
OR
LIMITATION
OF
WARRANTIES AND/OR LIMITATION OF
LIABILITY SO THE ABOVE DISCLAIMERS AND
EXCLUSIONS MAY
NOT
APPLY.
THE CUSTOMER MAY ALSO HAVE
DIFFERENTAND/OR ADDITIONAL RIGHTS
AND REMEDIES THAT VARY FROM STATE
TO STATE.
THE CUSTOMER ACKNOWLEDGES AND
AGREES THAT OLYMPUS SHALL NOT
BE RESPONSIBLE FOR ANY DAMAGES
THAT THE CUSTOMER MAY INCUR FROM
DELAYED SHIPMENT, PRODUCT FAILURE,
PRODUCT DESIGN, SELECTION, OR
PRODUCTION, IMAGE
OR
DATA LOSS
OR
IMPAIRMENT OR FROM ANY OTHER CAUSE
WHETHER LIABILITY IS ASSERTED
IN
'
CONTRACT, TORT (INCLUDING NEGLIGENCE
AND STRICT PRODUCT LIABILITY)
OR
OTHERWISE.
IN
NO EVENT SHALL OLYMPUS
BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES OF
ANY KIND (INCLUDING WITHOUT LIMITATION
LOSS OF PROFITS OR LOSS OF USE),
WHETHER
OR
NOT OLYMPUS SHALL BE
OR
SHOULD BE AWARE
OF
THE POSSIBILITY OF
SUCH POTENTIAL LOSS
OR
DAMAGE.
Representations and warranties made by any
person, inclUding but not limited to dealers,
representatives, salespersons,
or
agents
of
Olympus, which are inconsistent
or
in conflict
with
or
in
addition to the terms
of
this limited
warranty, shall not be binding upon Olympus
unless reduced to writing and approved by an
expressly authorized officer
of
Olympus.
This limited warranty is the complete and
exclusive statement
of
warranty which
Olympus agrees to provide with respect to the
Products and it shall supersede all prior and
contemporaneous oral
or
written agreements,
understandings, proposals, and communications
pertaining to the SUbject matter hereof.
This limited warranty is exclusively for the
benefit
of
the original customer and cannot be
transferred
or
assigned.
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