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Limitation Of Warranty And Liability - Ace Easy Operating Manual

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NEERINGS 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 UNRE-
PAIRED / UNCALIBRATED AND THE
PRODUCT WILL BE LABELLED
ACCORDINGLY. SHOULD THE
PRODUCT NOT FULFIL THE WAR-
RANTY, THE CLAIM OF THE BUY-
ER 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 CON-
SEQUENTIAL 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 CON-
TRACTS, NEGLIGENCE OR OTHER
CULPABLE ACTIONS.
THE PRODUCT, WHICH IS AC-
COMPANIED 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 EXE-
CUTE 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-QUAL-
IFIED PERSONS, AS WELL AS
USING NON-APPROVED CON-
SUMABLES 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 WAR-
RANTY 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, WHETH-
ER ORAL OR WRITTEN, STATU-
TORY, EXPRESS OR IMPLIED. AS
PERMITTED BY APPLICABLE LAW,
ACE SPECIFICALLY DISCLAIMS
ANY AND ALL STAUTORY OR IM-
PLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, WARRAN-
TIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR
PURPOSE AND WARRANTIES
AGAINST HIDDEN OR LATENT
DEFECTS. IF ACE 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 IS NOT
RESPONSIBLE FOR DIRECT,
SPECIAL, INCIDENTAL OR CON-
SEQUENTIAL DAMAGES UNDER
ANY LEGAL THEORY.
Some countries, states and
provinces do not allow the exclu-
sion 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 warran-
ty 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 respon-
sibility. 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 recommendation or
their result.

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