Warranty And Liability - Ace instruments AFM-5 Bedienungsanleitung

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 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 MODIFICA-
TIONS, 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 RE-
QUIRED FOR A PRODUCT, THE USER MAY RECEIVE A COST
ESTIMATE. SHOULD THE USER REJECT THE ESTIMATE, ACE
WILL SEND THE PRODUCT BACK UNREPAIRED/UNCALIBRA-
TED 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 WAR-
RANTY 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 MAN-
DATORY PREREQUISITES FOR THIS WARRANTY. MAINTE-
NANCE 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 CHAL-
LENGING PRODUCTS, IT IS A FUNDAMENTAL PREREQUISITE
AND MANDATORY FOR THE WARRANTY BY ACE THAT ALL
USERS OF THIS PRODUCT ARE FAMILIAR WITH THE PROPER-
TIES AND RESTRICTIONS OF THE PRODUCT AS STATED IN
THE RESPECTIVE LITERATURE.