10 MagellanTM 9300i and 9400i(i) any product which has been damaged, modified, altered, repaired or upgraded by otherthan Datalogic service personnel or its authorized representatives;(ii) any claimed defect, failure or damage which Datalogic determines was caused by faultyoperations, improper use, abuse, misuse, wear and tear, negligence, improper storage oruse of parts or accessories not approved or supplied by Datalogic;(iii) any claimed defect or damage caused by the use of product with any other instrument,equipment or apparatus;(iv) any claimed defect or damage caused by the failure to provide proper maintenance,including but not limited to cleaning the upper window in accordance with product man-ual;(v) any defect or damage caused by natural or man-made disaster such as but not limitedto fire, water damage, floods, other natural disasters, vandalism or abusive events thatwould 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 firmwareor software upgrades, software or hardware reconfigurations etc.;(vii) the replacement of upper window/cartridge due to scratching, stains or other degrada-tion and/or(viii)any consumable or equivalent (e.g., cables, power supply, batteries, keypads, touchscreen, triggers etc.).No AssignmentCustomer may not assign or otherwise transfer its rights or obligations under this warrantyexcept to a purchaser or transferee of product. No attempted assignment or transfer in viola-tion of this provision shall be valid or binding upon Datalogic.DATALOGIC'S LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS ORIMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ORNONINFRINGEMENT. DATALOGIC SHALL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BYCUSTOMER ARISING FROM DELAYS IN THE REPLACEMENT OR REPAIR OF PRODUCTS UNDERTHE ABOVE. THE REMEDY SET FORTH IN THIS WARRANTY STATEMENT IS THE CUSTOMER’SSOLE AND EXCLUSIVE REMEDY FOR WARRANTY CLAIMS. UNDER NO CIRCUMSTANCES WILLDATALOGIC BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOST PROFITS, OR ANYINCIDENTAL, CONSEQUENTIAL IN-DIRECT, SPECIAL OR CONTINGENT DAMAGES REGARDLESSOF WHETHER DATALOGIC HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.Risk of LossCustomer shall bear risk of loss or damage for product in transit to Datalogic. Datalogic shallassume risk of loss or damage for product in Datalogic’s possession. In the absence of specificwritten instructions for the return of product to Customer, Datalogic will select the carrier, butDatalogic shall not thereby assume any liability in connection with the return shipment.