Imager LabelingQuick Reference Guide 31(ii) any claimed defect, failure or damage which Datalogic determines wascaused by faulty operations, improper use, abuse, misuse, wear andtear, negligence, improper storage or use of parts or accessories notapproved or supplied by Datalogic;(iii) any claimed defect or damage caused by the use of product with anyother instrument, equipment or apparatus;(iv) any claimed defect or damage caused by the failure to provide propermaintenance, including but not limited to cleaning the upper windowin accordance with product manual;(v) any defect or damage caused by natural or man-made disaster such asbut not limited to fire, water damage, floods, other natural disasters,vandalism or abusive events that would cause internal and externalcomponent damage or destruction of the whole unit, consumableitems;(vi) any damage or malfunctioning caused by non-restoring action as forexample firmware or software upgrades, software or hardware recon-figurations etc.;(vii) the replacement of upper window/cartridge due to scratching, stains orother degradation and/or(viii) any consumable or equivalent (e.g., cables, power supply, batteries,keypads, touch screen, triggers etc.).No AssignmentCustomer may not assign or otherwise transfer its rights or obligations under thiswarranty except to a purchaser or transferee of product. No attempted assignmentor transfer in violation of this provision shall be valid or binding upon Datalogic.DATALOGIC'S LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EX-PRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, INCLUDING,WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FIT-NESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DATALOGIC SHALLNOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY CUSTOMER ARISING FROM DE-LAYS IN THE REPLACEMENT OR REPAIR OF PRODUCTS UNDER THE ABOVE. THEREMEDY SET FORTH IN THIS WARRANTY STATEMENT IS THE CUSTOMER’S SOLEAND EXCLUSIVE REMEDY FOR WARRANTY CLAIMS. UNDER NO CIRCUMSTANCESWILL DATALOGIC BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSTPROFITS, OR ANY INCIDENTAL, CONSEQUENTIAL IN-DIRECT, SPECIAL OR CONTIN-GENT DAMAGES REGARDLESS OF WHETHER DATALOGIC HAD ADVANCE NOTICEOF THE POSSIBILITY OF SUCH DAMAGES.Risk of LossCustomer shall bear risk of loss or damage for product in transit to Datalogic. Dat-alogic shall assume risk of loss or damage for product in Datalogic’s possession. Inthe absence of specific written instructions for the return of product to Customer,Datalogic will select the carrier, but Datalogic shall not thereby assume any liabilityin connection with the return shipment.