ACE Instruments DA-7100 Manual De Instrucciones página 11

WARRANTY AND LIABILITY
The ACE Handels- und Entwicklungs GmbH (ACE Instruments) 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 Instruments 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 INSTRUMENTS SHALL
ASSUME NO LIABILITY FOR INJURY/DAMAGE CAUSED BY MISUSE OF THE DEVICE. THE DEVICE IS NOT
INTENDED FOR COMMERCIAL USE.
ACE INSTRUMENTS 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 INSTRUMENTS 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.
WHEN AN EXCHANGE OF THE SENSOR OR A CALIBRATION IS NECESSARY FOR A PRODUCT, THE USER
MAY RECEIVE AN ESTIMATE OF COSTS. SHOULD THE USER REFUSE THE ESTIMATE, ACE INSTRUMENTS
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 INSTRUMENTS ARE LIMITED EXCLUSIVELY AND AT THE DISCRETION OF ACE INSTRUMENTS 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 INSTRUMENTS 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.
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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 Instruments 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
prerequisite and mandatory for the warranty of ACE Instruments 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, REMEDIES AND CONDITIONS, WHETHER ORAL OR
WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, ACE INSTRUMENTS
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 INSTRUMENTS CANNOT LAWFULLY
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 INSTRUMENTS 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 ACE Instruments regarding use of the goods or services is free of charge and was made with
to the exclusive risk of the buyer. Therefor no obligation or liability can arise to ACE Instruments from any
recommendation or their result.
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