83
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The customer is liable and shall pay for shipment of the
Products to the Olympus Service Center.
Olympus shall not be obligated to perform preventive
maintenance, installation, deinstallation, or maintenance.
Olympus reserves the right to (i) use reconditioned, refurbished,
and/or serviceable used parts (that meet Olympus’s quality
assurance standards) for warranty or any other repairs and (ii)
make any internal or external design and/or feature changes
on or to its products without any liability to incorporate such
changes on or to the Products.
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 modi
fi
ed 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,
fi
lm, 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 DIFFERENT AND/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.
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