BACtrack One-Year Limited Warranty

KHN Solutions’ warranty obligation 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.

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 17 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 CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, KHN SOLUTIONS SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF KHN SOLUTIONS CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY AND TO THE REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY KHN SOLUTIONS IN ITS SOLE DISCRETION.

No KHN Solutions reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, KHN SOLUTIONS LLC IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, 18 INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE OR INCOME; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS FROM A CONTRACT); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL, OR LOSS OF REPUTATION.

This Breath Alcohol Tester is intended to measure alcohol in human breath. Readings obtained by this device are used in the diagnosis of alcohol intoxication. 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.