a. Symbol's hardware Products are warranted against defects in workmanship and materials for a period of twelve (12) months from the date of shipment, unless otherwise provided by Symbol 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 Buyer specifications ("Custom Products"), remanufactured products, and reconditioned or upgraded products, shall be as provided in the particular Product documentation in effect at the time of purchase or in the accompanying software license.

b. 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.

c. The sole obligation of Symbol for defective hardware Products is limited to repair or replacement (at Symbol's option) on a "return to service depot" basis with prior Symbol authorization. Buyer is responsible for shipment to Symbol and assumes all costs and risks associated with this transportation; return shipment to Buyer will be at Symbol's expense. Buyer shall be responsible for return shipment charges for Product returned where Symbol determines there is no defect ("No Defect Found"), or for Product returned that Symbol determines is not eligible for warranty repair. No charge will be made to Buyer for replacement parts for warranty repairs. Symbol 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 Symbol during manufacture of the Product.

d. The above warranty provisions shall not apply to any Product (i) which has been repaired, tampered with, altered or modified, except by Symbol; (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 Symbol; or (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, SYMBOL DISCLAIMS ALL WARRANTIES ON PRODUCTS FURNISHED HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. THE REMEDY SET FORTH IN THIS STATEMENT IS BUYER'S SOLE AND EXCLUSIVE REMEDY FOR WARRANTY CLAIMS, AND IS EXPRESSLY IN LIEU OF ALL OTHER REMEDIES THAT MAY BE AVAILABLE TO BUYER AT LAW OR IN EQUITY.