16
PowerScan
®
7000 2D
Limitations of Liability
Datalogic repair or replacement of defective product as set forth above is
the customer's sole and exclusive remedy on account of claims of breach
of warranty or product defect. Under no circumstances will Datalogic be
liable to customer or any third party for any lost profits, or any inciden-
tal, consequential indirect, special or contingent damages regardless of
whether Datalogic had advance notice of the possibility of such damages.
Assignment
Customer may not assign or otherwise transfer its rights or obligations
under 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.
Risk of Loss
Customer shall bear risk of loss or damage for product in transit to Data-
logic. Datalogic shall assume risk of loss or damage for product in Data-
logic’s possession or product being returned to Customer by Datalogic,
except such loss or damage as may be caused by the negligence of Cus-
tomer, its agents or employees. In the absence of specific written instruc-
tions for the return of product to Customer, Datalogic will select the
carrier, but Datalogic shall not thereby assume any liability in connec-
tion with the return shipment.
