14
15
ONE-YEAR LIMITED WARRANTY
KHN Solutions’ warranty obligations for this product are limited to
the following:
KHN Solutions warrants this product against defects in materials
and workmanship under normal use for a period of ONE (1) YEAR
from the date of retail purchase by the original end-user purchaser
(“Warranty Period”). Except as provided in the preceding sentence
or applicable law, KHN Solutions provides this product “as is”. If a
defect arises and a valid claim is received by KHN Solutions within
the Warranty 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 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-
