No assignment, Risk of loss – Wasp Barcode WLS9600 Quick Reference Guide User Manual

Page 29

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(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 manual;

(v)

any defect or damage caused by natural or man-made disaster
such as but not limited to fire, water damage, floods, other nat-
ural 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 software upgrades, software or
hardware reconfigurations 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, bat-

teries, 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 at-
tempted assignment or transfer in violation of this provision shall be valid
or binding upon Wasp.

WASP'S LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EX-
PRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, IN-
CLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONIN-
FRINGEMENT. WASP SHALL NOT BE LIABLE FOR ANY DAMAGES SUS-
TAINED 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
WASP BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOST
PROFITS, OR ANY INCIDENTAL, CONSEQUENTIAL IN-DIRECT, SPECIAL OR
CONTINGENT DAMAGES REGARDLESS OF WHETHER WASP HAD AD-
VANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

Risk of Loss

Customer shall bear risk of loss or damage for product in transit to Wasp.
Wasp shall assume risk of loss or damage for product in Wasp’s posses-
sion. In the absence of specific written instructions for the return of prod-
uct to Customer, Wasp will select the carrier, but Wasp shall not thereby
assume any liability in connection with the return shipment.

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