Olympus TG-860 Instruction Manual download pdf (Page 116)

116

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 respective manufacturer 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 modiﬁ ed by persons

other than Olympus’s own authorized service personnel unless repair by others is made with the written

consent of Olympus;

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.

(g) Products shipped, delivered, purchased, or sold from dealers located outside of North America, Central

America, South America and the Caribbean; and/or

(h) Products that are not intended or authorized to be sold in North America, South America, Central America, or

the Caribbean (ie. Gray Market Goods).

WARRANTY DISCLAIMER; LIMITATION OF DAMAGES; AFFIRMATION OF ENTIRE WARRANTY AGREEMENT;

INTENDED BENEFICIALY

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.

Representations and warranties made by any person, including but not limited to dealers, representatives,

salespersons, or agents of Olympus, which are inconsistent or in conﬂ ict with or in addition to the terms of this

limited warranty, shall not be binding upon Olympus unless reduced to writing and approved by an expressly

authorized ofﬁ cer of Olympus.

This limited warranty is the complete and exclusive statement of warranty which Olympus agrees to provide

with respect to the Products and it shall supersede all prior and contemporaneous oral or written agreements,

understandings, proposals, and communications pertaining to the subject matter hereof.

This limited warranty is exclusively for the beneﬁ t of the original customer and cannot be transferred or assigned.

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