Warranty
46
Gryphon™ I GM410X
(v)
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
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 soft-
ware upgrades, software or hardware reconfigura-
tions 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 bind-
ing upon Datalogic.
DATALOGIC'S LIMITED WARRANTY IS IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR
WRITTEN, STATUTORY OR OTHERWISE, INCLUDING, WITH-
OUT LIMITATION, ANY IMPLIED WARRANTIES OF MER-
CHANTABILITY, 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 WARRANTY 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 REGARD-
LESS 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
