Product Description - Ace DA-5000 Notice D'utilisation

Warranty and liability:
WARRANTY
ACE Instruments (ACE) provides a warranty of two (2) years after 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 CONSTI-
TUTE 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, INCLU-
DING THE MARKETABILITY AND SUITABILITY FOR A DETERMINED PURPOSE. THIS
WARRANTY ESPECIALLY EXCLUDES CALIBRATION. AFTER CHANGING THE SEN-
SOR, CALIBRATION IS ABSOLUTELY NECESSARY. IF AN EXCHANGE OF THE SEN-
SOR 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 LABEL-
LED 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 AFFEC-
TED 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 DAMA-
GES 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 ALCO-
HOL. 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 MANDATORY 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 CHALLENGING PRODUCTS, IT IS A FUNDAMENTAL PREREQUI-
SITE 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 RESPECTIVE 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, REME-
DIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR
IMPLIED. AS PERMITTED BY APPLICABLE LAW, ACE SPECIFICALLY DISCLAIMS ANY
AND ALL STAUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF ACE CANNOT LAW-
FULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT
PERMITTED BY LAW, ALL SUCH WARRANTIES BE LIMITED IN DURATION TO THE
DURATION OF THE EXPRESS WARRANTY AND TO THE REPAIR OR REPLACEMENT
SERVICE AS STATED ABOVE. EXCEPT AS PROVIDED IN THIS WARRANTY AND
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACE IS NOT RESPONSIBLE FOR
DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER ANY LEGAL
THEORY.
Some countries, states and provinces do not allow the exclusion or limitation of
incidental or consequential damages or allow limitations on how long an implied
warranty or condition may last, so the above limitations or exclusions may not apply
to you. This warranty gives you specific legal rights, and you may also have other
rights that vary by country, state or province. This Limited Warranty is governed by
and construed under the laws of the country in which the product purchase took
place.
3. ADVICE RESTRICTION
The buyer confirms that he has checked the intended use and suitability of
purchased goods for any purpose in sole responsibility. Between the two parties
it is expressly agreed upon that all technical or other advice by ACE regarding use
of the goods or services is free of charge and was made with to the exclusive risk
of the buyer. Therefore no obligation or liability can arise to ACE from any recom-
mendation or their result.