Period, at its option, KHN Solutions will either (1) repair the
product, (2) exchange the product with a product that is new
or which has been manufactured from new or serviceable
used parts and is at least functionally equivalent to the
original product, or (3) refund the purchase price of the
product. When a refund is given, the product for which the
refund is provided must be returned to KHN Solutions and
becomes KHN Solutions' property. This warranty is limited to
the original end-user purchaser and is not transferable to, or
enforceable by, any subsequent owner.
Exclusions, Limitations, and Disclaimers
KHN Solutions makes no warranties, express or implied, as to
the ability of this product to determine whether, or the extent
to which, a test subject's mental or physical functioning,
or judgment, may be impaired by blood alcohol including
whether the test subject is intoxicated under any definition
of that word. KHN Solutions expressly disclaims any liability
for direct, indirect, incidental, special, or consequential
damages of any nature under any legal theory. Any act or
failure to act based on a reading from this product shall
be at the test subject's or user's own risk. KHN Solutions
assumes no responsibility for consequences to or of test
subjects who use this product and later are shown to have
been under the influence of alcohol or to have had their
judgment or any mental or bodily function impaired by alcohol.
Correlation between breath alcohol content and blood
EN-16.
alcohol concentration depends on many variables, including
environmental factors (such as air quality, wind, humidity,
temperature, etc.) and health conditions of the test subject.
A low BAC reading does not mean that the test subject's
physical or mental performance or judgment (including
reaction times) can respond to an emergency.
The concentration of alcohol in the blood of a test subject
cannot be exactly determined by using a breath alcohol
screening product.
KHN Solutions does not warrant that the operation of the
product will be error-free. KHN Solutions is not responsible for
any consequences arising from failure to follow instructions
or relating to the product's use. This warranty does not apply:
(a) to consequences caused by accident, abuse, tampering,
misuse, flood, fire, earthquake or other external causes; (b) to
consequences caused by operating the product outside the
permitted or intended uses described by KHN Solutions; (c) to
consequences caused by service performed by anyone who
is not a representative of KHN Solutions or a KHN Solutions
Authorized Service Provider; or (d) to a product or part that
has been modified to alter functionality or capability without
the written permission of KHN Solutions.
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 TIONS, WHETHER ORAL OR WRITTEN, STATUTORY,
EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE
LAW, KHN SOLUTIONS SPECIFICALLY DISCLAIMS
EN-17.