ACD M2Smart SE Mobile Handheld Computer User Manual
- June 5, 2024
- ACD
Table of Contents
Brief Overview/Resumen breve/Aperçu rapide
Accessories – M2Smart® SE
Accesorios – M2Smart® SE
Accessoires – M2Smart ® SE
U.S. Edition 2021
© Copyright ACD Group All Rights Reserved
This document may not be duplicated or made accessible to third parties
without written permission by ACD. Todos los derechos reservados Este
documento no se puede reproducir ni facilitar a terceros sin consentimiento
por escrito de ACD.
Introduction
Read all instructions first before using the Mobile Handheld Computer!
Use Original Spare Parts Only.
There are several accessories for the M2Smart ® SE available, which are explained below:
- M2UHF-RFID Short range (Figure 1)
- M2UHF-RFID Midrange (Figure 2)
- Docking station DS2Smart ® Charging and transmission box (Figure 3)
- Docking station DS2Smart ® Charging box (Figure 4)
- Docking station DS2Smart ® Developer box (Figure 5)
- Docking station DS2Battery 2-fold (Figure 6)
- M2Grip5 (Figure 7)
- M2 logistics protective caps (Figure 8)
- Replacement Battery (Figure 9)
Transportation and Storage
The rechargeable battery for the Mobile Handheld Computer is a lithium-ion rechargeable battery pack. Lithium-ion rechargeable batteries can explode if they are subjected to fire or heat. The rechargeable battery pack may not be taken apart and subjected to fire or heat (greater than 60 °C/140 °F).
Do not set the Mobile Handheld Computer, battery, or docking station or power supply near heat sources (heater blowers, etc.) and never subject it to direct solar radiation, excess quantities of dust or shocks. Make sure that there is no stumbling hazard due to connection cable or power supplies.
The maximum permissible ambient temperatures for the M2Smart® SE with battery are listed below.
| Operating temperature: | -20 °C to 50 °C/-4 °F to 122 °F* |
|---|---|
| Storage temperature: | -20 °C to 60 °C/-4 °F to 140 °F |
| Charging temperature: | 5 °C to 35 °C/41 °F to 95 °F |
- The device should only be used in the deep-freeze area after the starting process.
Scope of Delivery
The scope of delivery described above can vary and depends on the corresponding PO. Please check the package content directly after receipt to ensure that it is complete and undamaged. If a shipment is incomplete or damaged, please report this immediately to the responsible office at your company.
Commissioning and Operation of M2Modules
4.1 M2Modules
4.1.1 Intended Use
The modules of the Mobile Handheld Computer serve as accessories for the
M2Smart® SE. The included components are intended exclusively for use with the
Mobile Handheld Computer.
4.1.2 Security Advices
Please read the following warning and safety notices. They are for your safety
and to ensure that the various modules are ready to use.
Only ACD original power supplies may be used for the operation of the modules!
The use of components that have not been approved can cause the destruction of
the modules or the main device.
Do not set the modules near heat sources (heater blowers, etc.) and never
subject them to direct solar radiation, excess quantities of dust or shocks.
Make sure that there is no stumbling hazard due to connection cable or power
supplies.
The modules may not be used in areas subject to explosion.
Before using the modules, any connection cables must be checked for damage.
Damaged parts must be replaced. For this, please contact ACD Elektronik GmbH.
Before use, the contacts of the modules and the contacts of any plugs present
must be checked for dirt and cleaned if necessary.
Unintended use of the interfaces is forbidden.
To prevent overheating, the modules may not be covered during operation.
The modules may only be opened by trained specialized personnel.
Changes or modifications not expressly approved by the party responsible for
compliance could void the user’s authority to operate the equipment.
This is a Class A device (EN55032). This device can cause radio interference
in residential areas. In this case, the operator can be asked to take
appropriate actions.
4.1.3 Attaching and removing the modules
The upper plug-in module and the lower plug-in module can be attached and
removed as shown in the following figures.
When attaching and removing the modules, please do
not reach into the area of the plug-in sliding mechanism, as there is a risk
of injury due to jamming during sliding.
When attaching and removing the modules, please do not reach into the area of
the plug-in sliding mechanism, as there is a risk of injury due to jamming
during sliding.
4.2 M2UHF-RFID Shortrange
The M2UHF-RFID Short range is described below. It is a plug-in module for
reading UHF-RFID tags, which can be used for the upper plug-in sliding
mechanism.
4.2.1 Security Advices
The M2UHF-RFID Short range is designed for occupational use only.
Removal of the plug-in module on the upper plug-slide mechanism of the device:
Please do not reach into the area around the scanner glass; there is a risk of
injury due to pinching when sliding. The scanner glass can also be soiled in
the process.
The maximum permissible ambient temperatures for the modules are listed below.
Operating temperature: -20 °C to 50 °C/-4 °F to 122 °F
Storage temperature: -20 °C to 60 °C/-4 °F to 140 °F
The device has the following radio system: UHF-RFID
Frequency bands:
-
UHF-RFID Europe 865.7 to 867.5 MHz
-
UHF-RFID North America 902.75 to 927.25 MHz
Max. permissible transmission power on the frequency bands: -
UHF-RFID 200 mW
The M2UHF-RFID Short-range attachable module can become very hot during extended operation. To protect persons and the module, the maximum time of a scan is limited to two minutes.
4.2.2 Handling
After the M2UHF-RFID Short-range attachable module has been plugged into the
main device on the upper plug-slide mechanism, it can be used for reading UHF-
RFID tags.
To do this, start a software application to initialize the module. Then the
reading process can be carried out with the software application.
The red box represents where the antenna is placed and the red lines indicate the radiation of the HF signal.
4.2.3 Technical Data M2UHF-RFID Short range
The table below includes the technical data for the M2UHF-RFID Short-range
plug-in module.
| Technical Data
---|---
Housing| ABS/PC
Protection class| IP54
Operating temperature| -20 °C to 50 °C/-4 °F to 122 °F
Condensation of the device must be avoided.
Storage temperature| -20 °C to 60 °C/-4 °F to 140 °F
Rel. humidity| 5 % – 90 % non-condensing
Device dimensions| 52 x 85 x 27 mm (L x W x H)
Weight| 58 g
Interfaces| Plug for connection to the main device
Frequency range EU| 865.7 to 867.5 MHz
Frequency range
USA and Canada| 902.75 to 927.25 MHz
Read range| Up to 1.5 meters
Antenna type| Integrated Linear Polarized
RFID protocols| EPCglobal UHF Class 1 Gen 2 ISO 18000-63 (formerly 18000-6C)
DRM (Dense Reader Mode) support
Output power| 0 dBm until +23 dBm
4.2.4 FCC Statement of Compliance
This device complies with Part 15 of the FCC Rules. Operation is subject to
the following two conditions:
(1) This device may not cause interference.
(2) This device should accept any interference, including interference that
may cause undesired operation of the device.
4.2.5 IC Statement of Compliance
This device contains license-exempt transmitter(s)/receiver(s) that comply
with Innovation, Science and Economic Development Canada’s license-exempt
RSS(s). Operation is subject to the following two conditions:
(1) This device may not cause interference
(2) This device must accept any interference, including interference that may
cause undesired operation of the device.
4.2.6 RF Exposure
This equipment complies with FCC and IC SAR exemption limits at a minimum
separation distance of 50 mm from the Antenna of this module.
M2UHF-RFID Midrange
The M2UHF-RFID Midrange is described below. It is a plug-in module for reading
UHF-RFID tags, which can be used for the upper plug-in sliding mechanism.
4.2.7 Security Advices
The M2UHF-RFID Midrange is designed for occupational use only.
Removal of the plug-in module on the upper plug-slide mechanism of the device:
Please do not reach into the area around the scanner glass; there is a risk of
injury due to pinching when sliding. The scanner glass can also be soiled in
the process.
The maximum permissible ambient temperatures for the modules are listed below.
Operating temperature: -20 °C to 50 °C/-4 °F to 122 °F
Storage temperature: -20 °C to 60 °C/-4 °F to 140 °F
The device has the following radio system: UHF-RFID
Frequency bands:
- UHF-RFID Europe 865.7 to 867.5 MHz
- UHF-RFID North America 902.75 to 927.25 MHz Max. permissible transmission power on the frequency bands:
- UHF-RFID 500 mW
The M2UHF-RFID Midrange attachable module can become very hot during extended operation. To protect persons and the module, the maximum time of a scan is limited to two minutes.
4.2.8 Handling
After the M2UHF-RFID Midrange attachable module has been plugged into the main
device on the upper plug-slide mechanism, it can be used for reading UHF-RFID
tags.
To do this, start a software application to initialize the module. Then the
read process can be carried out with the software application.
The red box represents where the antenna is placed and the red lines indicate the radiation of the HF signal.
4.2.9 Technical Data M2UHF-RFID Midrange
The table below includes the technical data for the M2UHF-RFID Midrange plug-
in module.
| Technical Data
---|---
Housing| ABS/PC
Protection class| IP54
Operating temperature| -20 °C to 50 °C/-4 °F to 122 °F Condensation of the
device must be avoided.
Storage temperature| -20 °C to 60 °C/-4 °F to 140 °F
Rel. humidity| 5 ‘AD – 90 % non-condensing
Device dimensions| 52 x 85 x 27 mm (L x W x H)
Weight| 58 g
Interfaces| Plug for connection to the main device
Frequency range EU| 865.7 to 867.5 MHz
Frequency range the USA and Canada| 902.75 to 927.25 MHz
Read range| Up to 6 meters
Antenna type| Integrated Linear Polarized
RFID protocols| EPCglobal UHF Class 1 Gen 2 ISO 18000-63 (formerly 18000-6C)
DRM (Dense Reader Mode) support
Output power EU| 0 dBm until +27 dBm
Output power USA and Canada| 0 dBm until +26.5 dBm
4.2.10 FCC Statement of Compliance
This device complies with Part 15 of the FCC Rules. Operation is subject to
the following two conditions:
(1) This device may not cause interference.
(2) This device should accept any interference, including interference that
may cause undesired operation of the device.
4.2.11 IC Statement of Compliance
This device contains license-exempt transmitter(s)/receiver(s) that comply
with Innovation, Science, and Economic Development Canada’s license-exempt
RSS(s). Operation is subject to the following two conditions:
(1) This device may not cause interference
(2) This device must accept any interference, including interference that may
cause undesired operation of the device.
4.2.12 RF Exposure
This equipment complies with FCC and IC SAR exemption limits at a minimum
separation distance of 50 mm from the Antenna of this module. Commissioning
and Operation of Accessories
4.3 Docking station DS2Smart® Charging and transmission box, DS2Smart®
Charging box and DS2Smart® Developer box
4.3.1 Security Advices
Only ACD original power supplies and rechargeable batteries approved by ACD
may be used for the operation of the Mobile Handheld Computer and docking
station! The use of components that have not been approved can cause the
destruction of the backhand scanner or docking station. Do not use the
ACDapproved components with a third-party device.
Before use, the Mobile Handheld Computer incl. battery, docking station, power
supply, and any connection cables should be checked for damage. Damaged parts
should be replaced. Please contact ACD Elektronik GmbH to do this.
For indoor use only.
To prevent overheating, the Mobile Handheld Computer incl. battery, docking
station, and the power supply should not be covered while they are in
operation.
Never position the Mobile Handheld Computer incl. the battery in close
proximity to heat sources (heating fans or similar equipment) and never expose
it to direct sunlight, excessive dust sources or shocks.
4.3.2 Inserting the Mobil Handheld Computer in and removing it from the
docking station
To insert the Mobile Handheld Computer into the docking station, put it
vertically downward. To remove the Mobile Handheld Computer from the docking
station, pull it vertically upward out of the docking station.
Place the docking station correctly on a smooth and clean underground, which
is not exposed to direct sunlight.
The charging and communication contacts are very sensitive! The Mobile
Handheld Computer and the replacement rechargeable battery may only be
inserted in and removed from the docking station as described above. Do not
touch the contact with your fingers or with objects such as pens,
screwdrivers, etc.
Do not leave the battery in the charger or docking station for an
unnecessarily long time.
4.3.3 Inserting the replacement rechargeable battery in and removing it
from the docking station
To insert the replacement rechargeable battery in the device, tip it
diagonally downward and place it in the rechargeable battery compartment.
Insert the rechargeable battery so that the contacts are aligned with the
contacts of the docking station. Press the rechargeable battery into the
rechargeable battery compartment until it snaps in audibly.
To remove the replacement rechargeable battery from the docking station,
first, open the lock by pressing toward the surface of the rechargeable
battery. Remove the rechargeable battery upward. 
Place the docking station correctly on a smooth and clean underground, which
is not exposed to direct sunlight.
The charging and communication contacts are very sensitive! The Mobile
Handheld Computer and the replacement rechargeable battery may only be
inserted in and removed from the docking station as described above. Do not
touch the contact with your fingers or with objects such as pens,
screwdrivers, etc.
Do not leave the battery in the charger or docking station for an
unnecessarily long time.
4.3.4 Status LEDs
The status LEDs of the DS2Smart® docking station will be described below.
Charging cradle for M2Smart®SE
Speed CHARGE LED lit red:| The rechargeable battery in the M2Smart%E is being
charged
Speed CHARGE LED lit green:| The rechargeable battery in the M2Sma&SE is fully
charged
Speed CHARGE LED not lit:| No M2Smart®SE is inserted in the docking station
Charging cradle for replacement rechargeable battery
CHARGE LED lit red:| The replacement battery is being charged
CHARGE LED lit green:| The replacement battery is fully charged
CHARGE LED not lit:| There is no replacement battery inserted in the docking
station
The charging time of a battery of the M2Smart® SE is approx. 4.5 hours at room temperature.
4.3.5 Disposal of the DS2Smart®
All components should be disposed of properly at the end of their technical
lifetime.
4.4 Docking station DS2Battery 2-fold
4.4.1 Security Advices
Only ACD original power supplies and rechargeable batteries approved by ACD
may be used for the operation of the Mobile Handheld Computer and docking
station! The use of components that have not been approved can cause the
destruction of the backhand scanner or docking station. Do not use the
ACDapproved components with a third-party device.
Before use, the Mobile Handheld Computer incl. battery, docking station, power
supply, and any connection cables should be checked for damage. Damaged parts
should be replaced. Please contact ACD Elektronik GmbH to do this.
For indoor use only.
To prevent overheating, the Mobile Handheld Computer incl. battery, docking
station, and the power supply should not be covered while they are in
operation.
Never position the Mobile Handheld Computer incl. the battery in close
proximity to heat sources (heating fans or similar equipment) and never expose
it to direct sunlight, excessive dust sources or shocks.
4.4.2 Inserting the replacement rechargeable battery in and removing it
from the docking station
To insert the replacement rechargeable battery in the device, tip it
diagonally downward and place it in the rechargeable battery compartment.
Insert the rechargeable battery so that the contacts are aligned with the
contacts of the docking station. Press the rechargeable battery into the
rechargeable battery compartment until it snaps in audibly.
To remove the replacement rechargeable battery from the docking station,
first, open the lock by pressing toward the surface of the rechargeable
battery. Remove the rechargeable battery upward.
Place the docking station correctly on a smooth and clean underground, which
is not exposed to direct sunlight.
The charging and communication contacts are very sensitive! The Mobile
Handheld Computer and the replacement rechargeable battery may only be
inserted in and removed from the docking station as described above. Do not
touch the contact with your fingers or with objects such as pens,
screwdrivers, etc.
Do not leave the battery in the charger or docking station for an
unnecessarily long time.
4.4.3 Status LEDs
The status LEDs of the DS2Battery docking station will be described below.
Charging cradle for replacement rechargeable battery
CHARGE LED lit red:| The replacement battery is being charged
CHARGE LED lit green:| The replacement battery is fully charged
CHARGE LED not lit:| There is no replacement battery inserted in the docking
station
The charging time of a battery of the M2Smart® SE is approx. 4.5 hours at room
temperature.
4.4.4 Disposal of the DS2Battery
All components should be disposed of properly at the end of their technical lifetime.
4.5 M2Grip5
A handle is available as an accessory for the M2Smart® SE. It can be attached
to the M2Smart® SE without tools.
The upper and lower slide mechanisms remain untouched and can therefore still
be used for different
M2Modules. It is still possible to charge the M2Smart® SE with M2Grip5 in the
DS2Smart®.
Please note that the M2Grip5 is suitable for the M2Smart® SE without a scanner
and for the M2Smart® SE with 2D short-range scanner (SE4770).
4.5.1 Security Advices
Unintended use of the M2Grifp5 should be avoided.
4.5.2 Attaching M2Grip5 to the M2Smart ® SE
To attach the M2Grip5 to the M2Smart ® SE, the first step is to remove the
retaining strap. After removing the retaining strap, the M2Grip5 can be
attached to the M2Smart ® SE. To do this, guide the nose of the M2Grip5 to the
upper retaining strap attachment and hook it in there. Then slide the side
sections of the M2Grip5 onto the device. 
The scanner button is now mechanically contacted and can be triggered by the scanner button in the handle.
4.5.3 Removing M2Grip5 from the M2Smart® SE
To remove the M2Grip5, slide the side sections of the M2Grip5 off the device.
Then you can guide the M2Grip5 out of the upper retaining strap attachment.
After the M2Grip5 is removed, the retaining strap can be attached
again.
4.6 M2 logistics protective caps
M2 logistics protective caps are another accessory for the M2Smart® SE. Their
purpose is to increase fall protection. M2 logistics protective caps are
designed for the upper and lower blind caps.
To charge the M2Smart® SE in the DS2Smart®, the M2 logistics protective caps
must be removed.
4.6.1 Security Advices
Unintended use of the M2Grifp5 should be avoided.
4.6.2 Attaching M2 logistics protective caps to the M2Smart®SE
To attach the upper and lower M2 logistics protective cap to the M2Smart® SE,
place it over the corresponding blind cap.
The upper logistics protective cap is marked by the ACD logo and also has a
recess for the scanner.
The
lower logistics protective cap is identified by the recess for the retaining
strap and the charging contacts. First, loosen the retaining strap and then
attach the lower logistics protective cap. You can then reattach the retaining
strap.
4.6.3 Removing M2 logistics protective caps from the M2Smart®SE
To remove the upper and lower M2 logistics protective caps from the
M2Smart®SE, remove them from the blind caps.
First, loosen the retaining strap, then
remove the lower logistics protective cap and reinsert the retaining strap.
4.7 Replacement Battery
4.7.1 Security Advices
The rechargeable battery for the Mobile Handheld Computer is a lithium-ion
rechargeable battery pack. Lithium-ion rechargeable batteries can explode if
they are subjected to fire or heat. The rechargeable battery pack may not be
taken apart and subjected to fire or heat (greater than 60 °C/140 °F).
Only ACD original power supplies and rechargeable batteries approved by ACD
may be used for the operation of the Mobile Handheld Computer and docking
station! The use of components that have not been approved can cause the
destruction of the backhand scanner or docking station. Do not use the
ACDapproved components with a third-party device.
Before use, the Mobile Handheld Computer incl. battery, docking station, power
supply, and any connection cables should be checked for damage. Damaged parts
should be replaced. Please contact ACD Elektronik GmbH to do this.
For indoor use only.
Never position the Mobile Handheld Computer incl. the battery in close
proximity to heat sources (heating fans or similar equipment) and never expose
it to direct sunlight, excessive dust sources or shocks.
4.7.2 Rechargeable battery change
The rechargeable battery compartment is on the back of the device. To remove
the rechargeable battery, first, remove the hand strap (bottom) by unhooking
it. Open the rechargeable battery cover by pressing the lock toward the
surface of the rechargeable battery. The cover can be opened and the
rechargeable battery removed.
To insert the rechargeable battery in the device, tip it diagonally downward and place it in the rechargeable battery compartment. Insert the rechargeable battery so that the contacts are aligned with the contacts of the device. Then the rechargeable battery can be folded down so that the lock snaps in. Then the hand strap can be hooked back in.
Instructions for Cleaning and Care
Clean the module by setting it down on a surface (e.g. table). This way, you can hold it securely and the module cannot slip out of your hands during the cleaning process.
Do not use any corrosive chemicals, cleaning solutions or strong cleaning
agents in order to clean the Mobile Handheld Computer, battery, and docking
station.
All components must be disposed of properly at the end of their technical
lifetime.
Turn off the device before starting any cleaning or maintenance process!
Make sure that the laser beam is switched off by checking the laser beam exit!
Laser beam exit
5.1 Communication contacts
If there are communication problems, clean the communication contacts with a
soft, damp cloth.
5.2 Keyboard/Keys
To clean the keyboard/keys, always switch the Mobile Handheld Computer off
since the keyboard/keys react to being touched and therefore the active
program can be compromised or destroyed. Do not put a lot of pressure on the
keyboard/keys.
Support
If you need additional assistance, please contact our support hotline:
///ACD Elektronik GmbH
Engelberg 2
88480 Achstetten, Germany
Tel.: +49 7392 708-488
E-mail: support.technik@acd-elektronik.de
Web: https://www.acd-gruppe.de/en/
The support hotline is available for you Monday to Thursday from 8:00 am to 5:00 pm (CET) and Friday from 8:00 am to 3:00 pm (CET).
Service and Spare Parts
If you have service requests please contact:
Hegele Logistic, LLC
1001 Mittel Drive
IL 60191 Wood Dale
United States
Telephone: +1 847 690 0430
Fax: +1 630 354 6840
Email: repaircenter@hegelelogistic.com
If you require spare parts please contact:
ACD Elektronik GmbH
Engelberg 2
88480 Achstetten
Germany
Telephone: +49 7392 708 499
Fax: +49 7392 708 490
Email: info@acd-elektronik.de
Use Original Spare Parts Only.
Manufacturer’s Representations and Warranties
ACD Elektronik GmbH
Engelberg 2
88480 Achstetten Germany
Phone: +49 7392 708-0
Fax: +49 7392 708-190
These Representations and Warranties are applicable to all customers (the
“Customers” and each, individually, a “Customer”) purchasing products (the
“Products”) manufactured by ACD Elektronik GmbH (the “Company”).
1. Warranty and Limitations:
1.1 Company warrants solely to the original purchaser of the Products that
for the Warranty Period (as defined below), the Products will be free from
defects in materials and workmanship under normal use, and will conform to
Company’s published specifications of the Products. Notwithstanding the
foregoing, Company retains its right to deviate from its published
specifications due to the latest innovations and improvements in the function
and design of the Products.
1.2 The foregoing warranty is subject to the proper storage, transportation,
and use of the Products, and does not include defects due to normal wear and
tear or deterioration.
1.3 Customer shall immediately, but in any event no later than eight (8) days
following delivery or installation of the Product, inspect the Products for
conformity and visible defects. Customer shall give Company immediate written
notice of any non-conformities or visible defects regarding the Products. In
the event that the Customer fails to provide the Company within eight (8) days
following delivery or installation of the Products with notice of any non-
conformities or visible defects, any warranty claims in this regard shall be
deemed waived.
1.4 Customer shall immediately notify Company in writing of any other defects
of the Products and return such defective Product. The company’s sole
obligation under the foregoing warranty is, at Company’s option, to replace or
exchange the defective Product or issue a merchandise credit for the defective
Product. Any replaced or exchanged Products shall be subject to the warranty
set forth in 1.1., following their replacement or exchange. If Company has
received notification from Customer, and no defects of the Product could be
discovered, Customer shall bear the costs that Company incurred as a result of
the notice. It shall be in Company’s sole discretion to determine if the
product has a defect.
1.5 With respect to orders made to custom, any defects of the Products caused
by the Customer’s specifications are excluded from the warranty set forth in
1.1.
1.6 Company also makes no warranty that the Products manufactured under an
order made to custom do not infringe the intellectual property or other
proprietary rights of any third party and the Customer is solely responsible
for assuring that such Products do not so infringe.
1.7 The “Warranty Period” begins on the date of delivery of the Product to the
Customer, and continues to be in effect for two (2) years.
1.8 Company does not authorize any person or party to assume or create for it
any other obligation or liability in connection with the Products except as
set forth herein.
1.9 All requests and notices under this Warranty shall be directed to:
ACD Elektronik GmbH
Engelberg 2
88480 Achstetten Germany
Phone: +49 7392 708-0
Email: info@acd-elektronik.de
1.10. THE WARRANTY SET FORTH IN SECTION 1.1 IS MADE IN LIEU OF ALL OTHER
WARRANTIES (WHETHER EXPRESS OR IMPLIED), RIGHTS, OR CONDITIONS AND THE
CUSTOMER ACKNOWLEDGES THAT EXCEPT FOR SUCH A LIMITED WARRANTY, THE PRODUCTS
ARE PROVIDED “AS IS.” THE COMPANY SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION,
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE WARRANTIES ARISING FROM A
COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.
2. Limitation of Liability:
2.1 IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR USE, INCURRED BY CUSTOMER
OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY,
OR IMPOSED BY STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE COMPANY’S LIABILITY FOR DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF
THE PRODUCTS. IT IS AGREED AND ACKNOWLEDGED THAT THE PROVISIONS OF THIS
AGREEMENT ALLOCATE THE RISKS BETWEEN COMPANY AND CUSTOMER, THAT COMPANY’S
PRICING REFLECTS THIS ALLOCATION OF RISK, AND BUT FOR THIS ALLOCATION AND
LIMITATION OF LIABILITY, THE COMPANY WOULD NOT HAVE ENTERED INTO THIS
AGREEMENT.
2.2 IN JURISDICTIONS THAT LIMIT THE SCOPE OF OR PRECLUDE LIMITATIONS OR
EXCLUSION OF REMEDIES OR DAMAGES, OR OF LIABILITY, SUCH AS LIABILITY FOR GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OR DO NOT ALLOW IMPLIED WARRANTIES TO BE
EXCLUDED, THE LIMITATION OR EXCLUSION OF WARRANTIES, REMEDIES, DAMAGES OR
LIABILITY SET FORTH ABOVE ARE INTENDED TO APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW. CUSTOMERS MAY ALSO HAVE OTHER RIGHTS THAT VARY BY
STATE, COUNTRY, OR OTHER
JURISDICTION.
References
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