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207

Warranty

(A) Warranty Symbol Technologies (hereafter "Seller") hardware Products are warranted against defects in
workmanship and materials for a period of two (2) years from the date of shipment, unless otherwise
provided by Seller in writing, provided the Product remains unmodified and is operated under normal and
proper conditions. Warranty provisions and durations on software, integrated installed systems, Product
modified or designed to meet specific customer specifications ("Custom Products"), remanufactured
products, and reconditioned or upgraded products, shall be as provided in the applicable Product
specification in effect at the time of purchase or in the accompanying software license.
(B) Spare Parts Spare parts (i.e. parts, components, or subassemblies sold by Seller for use in the service
and maintenance of Products) are warranted against defects in workmanship and materials for a period of
thirty (30) days from the date of shipment. Spare parts may be new or originate from returned units under
the conditions set forth in subsection D below.
(C) Repair of Symbol-branded hardware For repairs on Symbol-branded hardware Products under this
Agreement, including repairs covered by warranty, the repair services provided are warranted against
defects in workmanship and materials on the repaired component of the Product for a period of thirty (30)
days from the shipment date of the repaired Product, or until the end of the original warranty period,
whichever is longer.
(D) Product Service Products may be serviced or manufactured with parts, components, or subassemblies
that originate from returned products and that have been tested as meeting applicable specifications for
equivalent new material and Products. The sole obligation of Seller for defective hardware Products is
limited to repair or replacement (at Seller's option) on a "return to service depot" basis with prior Seller
authorization. Customer is responsible for shipment to the Seller and assumes all costs and risks associated
with this transportation; return shipment to the Customer will be at Seller's expense. Customer shall be
responsible for return shipment charges for product returned where Seller determines there is no defect
("No Defect Found"), or for product returned that Seller determines is not eligible for warranty repair. No
charge will be made to Buyer for replacement parts for warranty repairs. Seller is not responsible for any
damage to or loss of any software programs, data or removable data storage media, or the restoration or
reinstallation of any software programs or data other than the software, if any, installed by Seller during
manufacture of the Product.
(E) Original Warranty Period Except for the warranty applying solely to the repaired component arising
from a repair service as provided in Section C above, the aforementioned provisions do not extend the
original warranty period of any Product that had either been repaired or replaced by Seller.
(F) Warranty Provisions The above warranty provisions shall not apply to any Product (i) which has been
repaired, tampered with, altered or modified, except by Seller's authorized service personnel; (ii) in which
the defects or damage to the Product result from normal wear and tear, misuse, negligence, improper
storage, water or other liquids, battery leakage, use of parts or accessories not approved or supplied by
Symbol, or failure to perform operator handling and scheduled maintenance instructions supplied by Seller;
(iii) which has been subjected to unusual physical or electrical stress, abuse, or accident, or forces or
exposure beyond normal use within the specified operational and environmental parameters set forth in the
applicable Product specification; nor shall the above warranty provisions apply to any expendable or
consumable items, such as batteries, supplied with the Product.
EXCEPT FOR THE WARRANTY OF TITLE AND THE EXPRESS WARRANTIES STATED ABOVE, SELLER
DISCLAIMS ALL WARRANTIES ON PRODUCTS FURNISHED HEREUNDER INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. ANY IMPLIED WARRANTIES
THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. SOME
STATES OR COUNTRIES DO NOT ALLOW A LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS OR
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER
PRODUCTS. IN SUCH STATES OR COUNTRIES, FOR SUCH PRODUCTS, SOME EXCLUSIONS OR LIMITATIONS
OF THIS LIMITED WARRANTY MAY NOT APPLY.
The stated express warranties are in lieu of all obligations or liabilities on the part of Seller for damages,
including but not limited to, special, indirect or consequential damages arising out of or in connection with
the use or performance of the Product or service. Seller's liability for damages to Buyer or others resulting
from the use of any Product or service furnished hereunder shall in no way exceed the purchase price of said
Product or the fair market value of said service, except in instances of injury to persons or property.

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