Limitation Of Warranty And Liability - ACE Instruments Solid Alcotest Notice D'utilisation

WARRANTY AND LIABILITY
WARRANTY
ACE Instruments (ACE) provides a warranty of two (2) years af-
ter purchase for material and processing errors for the product
(see attached warranty and liability declaration) in all versions
and designations; and a warranty of one (1) year for the sensor.
This warranty includes the electronics as well as the casing or
sensor without sampling components. Components that are
inevitably destroyed upon effectiveness (such as fuses) are
not part of this warranty. The warranty is valid from the date of
delivery or from the date of first activation (always the shorter
period), if not stated otherwise in the accompanying ACE
product literature.
MISUSE:
OTHER APPLICATIONS OF, OR MODIFICATIONS TO, THIS
BREATHALYZER CONSTITUTE A MISUSE AND ENTAIL A RISK
OF PERSONAL INJURY AND/OR DAMAGE TO THE DEVICE. ACE
SHALL ASSUME NO LIABILITY FOR INJURY/DAMAGE CAUSED
BY MISUSE OF THE DEVICE. THE DEVICE IS NOT INTENDED
FOR COMMERCIAL USE.
ACE SHALL NOT BE HELD LIABLE FOR ANY DAMAGES
THAT OCCUR AS A RESULT OF ANY UNAUTHORIZED
MODIFICATIONS, REENGINEERINGS OR AMENDMENTS
MADE TO THIS BREATHALYZER OR ITS IMPROPER USE.

LIMITATION OF WARRANTY AND LIABILITY

1. Product description:
ACE REJECTS ANY FURTHER EXPRESSLY STATED OR IMPLIED
WARRANTY, INCLUDING THE MARKETABILITY AND SUITABILITY
FOR A DETERMINED PURPOSE. THIS WARRANTY ESPECIALLY
EXCLUDES CALIBRATION. AFTER CHANGING THE SENSOR,
CALIBRATION IS ABSOLUTELY NECESSARY.
IF AN EXCHANGE OF THE SENSOR OR A CALIBRATION IS
REQUIRED FOR A PRODUCT, THE USER MAY RECEIVE A COST
ESTIMATE. SHOULD THE USER REJECT THE ESTIMATE, ACE
WILL SEND THE PRODUCT BACK UNREPAIRED/UNCALIBRATED
AND THE PRODUCT WILL BE LABELLED ACCORDINGLY.
SHOULD THE PRODUCT NOT FULFIL THE WARRANTY, THE
CLAIM OF THE BUYER AND THE OBLIGATIONS OF ACE ARE
LIMITED EXCLUSIVELY AND AT THE DISCRETION OF ACE TO
AN EXCHANGE OR REPAIR OF THE AFFECTED GOODS OR TO
A REIMBURSEMENT OF THE PURCHASING PRICE FOR THE
FAULTY GOODS.
2. Application restriction:
ACE IS ON NO ACCOUNT LIABLE FOR ADDITIONAL DAMAGES,
INCIDENTAL DAMAGES OR CONSEQUENTIAL DAMAGES SUCH
AS, AMONG OTHERS BUT NOT LIMITED TO, LOST PROFIT AND
DOWNTIME THAT RESULT FROM SELLING, PRODUCING OR
USING PRODUCTS, WHICH ARE PART OF THIS APPLICATION
RESTRICTION. THIS IS INDEPENDENT OF ANY CLAIMS, SUCH
AS FROM CONTRACTS, NEGLIGENCE OR OTHER CULPABLE
ACTIONS.
THE PRODUCT, WHICH IS ACCOMPANIED BY THIS WARRANTY
AND LIABILITY DECLARATION, NO MATTER IN WHICH VERSION
OR DESIGNATION, CAN ESPECIALLY NOT BE USED LEGALLY
BINDING TO DETERMINE CAPABILITY TO OPERATE VEHICLES
OR TO EXECUTE ACTION THAT COULD LEAD TO DAMAGE TO
ONESELF OR OTHERS UNDER THE INFLUENCE OF ALCOHOL.
THE THOROUGH CHECK FOR DAMAGE OF ALL PRODUCTS
UPON RECEIPT, A CALIBRATION SUITABLE FOR THE GIVEN
USE BY THE BUYER AND THE PROPER USE, MAINTENANCE
AND SERVICE ACCORDING TO THE INSTRUCTIONS OF THE
ACCOMPANYING PRODUCT LITERATURE BY ACE ARE MANDA-
TORY PREREQUISITES FOR THIS WARRANTY. MAINTENANCE
AND SERVICE WORK BY NON-QUALIFIED PERSONS, AS
WELL AS USING NON-APPROVED CONSUMABLES OR SPARE
PARTS ARE A MISUSE, AND ALL WARRANTY RIGHT SHALL
SEIZE IMMEDIATELY. AS FOR ALL TECHNICALLY CHALLEN-
GING PRODUCTS, IT IS A FUNDAMENTAL PREREQUISITE AND
MANDATORY FOR THE WARRANTY BY ACE THAT ALL USERS
OF THIS PRODUCT ARE FAMILIAR WITH THE PROPERTIES AND
RESTRICTIONS OF THE PRODUCT AS STATED IN THE RESPEC-
TIVE LITERATURE.
DISCLAIMER
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND
THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN
LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDI-