Intoximeters’ Breath Alcohol Analyzer Warranty Statement

Parts  and  Labor  WARRANTY

FOR INTOXIMETERS BREATH ALCOHOL ANALYZERS PURCHASED AND SERVICED IN THE UNITED STATES

Unless otherwise determined by the Purchase Agreement, Intoximeters, Inc. (“Intoximeters”) warrants to the original Purchaser that all new Intoximeters Breath Alcohol Analyzers (“Product”) are free from defects in material and workmanship, under normal use and service, for a period of twelve (12) months from original invoice date.  The following are not covered under this warranty: consumables or supplies (i.e. mouthpieces, calibration gas, ink ribbons, printer paper) nor any damage which has, in Intoximeters opinion, been the result of misuse, alteration, accident or abnormal conditions of operation or handling.  Also excluded from coverage under this warranty are printers and other hardware that are not manufactured by or for Intoximeters, Inc. and do not carry the Intoximeters trademark, trade name, or logo affixed to them.

Breath alcohol instrument firmware is warranted to perform substantially in accordance with the processes defined in the instrument’s Operator’s Manual.  Breath alcohol instrument firmware is warranted to be free from defects in material and workmanship under normal use and service for a period of twelve months from original invoice date.

If the product, under warranty, is returned to an Intoximeters Service Center for warranty repair and, upon examination, it is determined to be defective, Intoximeters’ obligation is limited to repair, replacement or refund of purchase price.  Intoximeters reserves the option to choose repair, replacement or refund as the means to satisfy this obligation.  All products and parts that are replaced under warranty become the property of Intoximeters.

In the event that Intoximeters chooses to replace a product the replacement product is warranted for the replaced instrument’s original warranty period.

The repaired components are warranted for a period of the longer of 90 days from the billing date of the repair or instrument’s original warranty period.

Intoximeters shall not be responsible for any custom software, custom configuration or test data, customer information, contained in, stored on, or integrated with any products returned to Intoximeters, pursuant to any warranty, repair or recertification.

CAUTION: The Intoximeters Breath Alcohol ANALYZER CONTAINS static-sensitive memory devices.  The unit’s casing should only be opened by a factory authorized technician.

This warranty does not apply if:

• the product has been repaired or modified by someone other than a factory authorized technician without written permission from Intoximeters;
• if parts other than Intoximeters approved parts are used in replacement or repair; or
• if any Intoximeters serial number has been removed or defaced.

For warranty service, contact your nearest Intoximeters Authorized Service Center to create a repair incident and determine the address of the appropriate Service Center.  The product should be sent to the Service Center with a description of the difficulty (shipping and insurance prepaid).  Intoximeters assumes no risk for damage in transit.  Intoximeters will pay return shipping (ground transportation) for a product repaired under warranty.

For repairs not under warranty, repaired or replaced components are warranted for a period of 90 days from the billing date of the repair. Components not repaired or replaced during the service do not receive an additional warranty period over and above the warranty provided in the instrument’s original purchase.

If Intoximeters determines that the failure was caused by misuse, alteration, accident or abnormal condition of operation or handling, an Intoximeters Authorized Service representative will contact the Purchaser to let them know that any instrument repairs are not be covered by warranty.  The Service Representative will ask the Purchaser to determine what they would like to have done with the instrument.  Unless the Purchaser decides to transfer ownership to Intoximeters, whether the product is repaired or not, it will be returned to the Purchaser via ground transportation prepaid (overnight or express delivery charges are additional) and the Purchaser will be billed for the shipping cost plus any associated estimate or repair costs incurred.

If Purchaser purchases the product from Intoximeters or a distributor within the United States and transports the product(s) outside of the United States, the product must be returned to the United States to receive warranty service.  Purchaser shall pay for transportation to and from the service center and shall bear the risk of loss or damage in transit for all products so returned to the United States.  Intoximeters reserves the right to invoice the Purchaser for importation costs of repair/replacement parts when the product purchased in one country is exported and submitted for repair or service in another country.

If the Purchaser purchases the product from Intoximeters UK Ltd., Intoximeters UK will offer a warranty that is defined under Terms that they provide to the end user at the time of sale.

If the Purchaser purchases the product from a distributor outside of the United States, while the distributor may offer a warranty, Intoximeters does not offer a warranty directly to the end user.

THIS WARRANTY IS THE PURCHASER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED.  INTOXIMETERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING LOSS OF DATA, WHETHER ARISING FROM BREACH OF WARRANTY OR BASED ON CONTRACT, TORT, RELIANCE OR ANY OTHER THEORY.

Note. Some countries or states do not allow the foregoing limitations.  Other rights may also vary.