Common use of Obsolescence Clause in Contracts

Obsolescence. To the extent applicable, should a Product be discontinued by Datalogic or become obsolete, Datalogic shall use reasonable commercial efforts to notify Buyer in writing at least thirty (30) days before the date when the Product or Service shall become officially obsolete (“Obsolescence Effective Date”). The obsolescence notice shall clearly state the Obsolescence Effective Date and shall provide the list of models and (if any) the related spare part and accessories whose availability will cease a fter such Obsolescence Effective Date. Buyer may purchase any obsolete Product and (to the extent Datalogic has authorized Buyer to purchase spare parts) any of its spare parts and accessories by placing a non-cancellable last buy order (“Last PO”) until the Obsolescence Effective Date occurs. Delivery dates for any Last PO shall be limited to three (3) months from the Obsolescence Effective Date. Except as set forth in this section, Datalogic shall have no further liability to deliver, repair or replace any obsolete Product, including any related spare part or accessory after the Obsolescence Effective Date. Any deviation from the provisions contained in this section shall be agreed in writing and duly signed by the authorized representatives of the Parties.

Obsolescence. To the extent applicable, should a Product be discontinued by Datalogic or become obsolete, Datalogic shall use reasonable commercial efforts to notify Buyer in writing at least thirty (30) days before the date when the Product or Service shall become officially obsolete (“Obsolescence Effective Date”). The obsolescence notice shall clearly state the Obsolescence Effective Date and shall provide the list of models and (if any) the related spare part and accessories whose availability will cease a fter after such Obsolescence Effective Date. Buyer may purchase any obsolete Product and (to the extent Datalogic has authorized Buyer to purchase spare parts) any of its spare parts and accessories by placing a non-cancellable last buy order (“Last PO”) until the Obsolescence Effective Date occurs. Delivery dates for any Last PO shall be limited to three (3) months from the Obsolescence Effective Date. Except as set forth in this section, Datalogic shall have no further liability to deliver, repair or replace any obsolete Product, including any related spare part or accessory after the Obsolescence Effective Date. Any deviation from the provisions contained in this section shall be agreed in writing and duly signed by the authorized representatives of the Parties.