Lifeloc Technologies, Inc. ("Lifeloc") warrants to the buyer that at the time of shipment from Lifeloc’s facilities, all new Lifeloc Equipment purchased through Lifeloc or one of our authorized distributors will be free from defects in material and workmanship, under normal use and service, provided that the buyer gives Lifeloc written notice of any defect within twelve (12) months from original invoice date (the "Warranty"). The term "Lifeloc Equipment" includes all [portable hand-held and fixed station breathalyzers manufactured by Lifeloc], as well as all printers, keyboards, cables, cases, and power supplies purchased as part of a new Lifeloc kit configuration. Software is warranted to perform substantially in accordance with Lifeloc user manuals and to be free from defects in materials and workmanship under normal use and service for a period of twelve (12) months from original invoice date.
The Warranty does not apply if the product has been altered, customized, repaired, reported stolen or modified by someone other than a Lifeloc factory authorized technician, or if parts other than Lifeloc approved parts are used in replacement or repair.
The buyer’s exclusive remedy and Lifeloc’s sole liability for breach of the Warranty shall be repair, replacement or, at Lifeloc’s option, refund of the original purchase price paid by the buyer to Lifeloc for the Lifeloc Equipment that is shown, to Lifeloc’s reasonable satisfaction, to be defective in breach of the Warranty ("Defective" and, the defect causing the Lifeloc Equipment to be Defective, a "Defect"). Under no circumstance shall Lifeloc be liable for an amount that exceeds the lesser of the cost of replacement or the original purchase price paid by the buyer to Lifeloc for the Lifeloc Equipment. Lifeloc shall not be responsible for any customer software, customer settings or configuration data or customer test records resident in any products returned for service, repair, warranty or recertification.
Lifeloc assumes no risk for damage in transit. If Lifeloc determines that a Defect was outside of or not covered under the Warranty, Lifeloc will estimate repair and service charges and obtain the buyer’s authorization prior to conducting any work to repair the Defective Lifeloc Equipment. Following repair, the Lifeloc Equipment will be returned to the buyer via standard ground transportation prepaid. Express charges, if authorized by the buyer, will be invoiced at the difference between the express charges and the standard return shipping charges.
Lifeloc shall not incur costs related to loss, damage or incomplete or inaccurate paperwork of returned product regardless of origination point.
THIS WARRANTY IS THE PURCHASER'S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. LIFELOC 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.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING WARRANTY, OR IN ANY AGREEMENT BETWEEN THE BUYER AND LIFELOC PERTAINING TO ANY LIFELOC EQUIPMENT, OR AT LAW OR IN EQUITY:
THE WARRANTIES, OBLIGATIONS, AND LIABILITIES OF LIFELOC, AND THE REMEDIES OF THE BUYER SET OUT IN THE FOREGOING WARRANTY, ARE SOLE AND EXCLUSIVE, AND ARE MADE AND ACCEPTED BY THE BUYER IN LIEU OF, AND THE BUYER WAIVES AND RELEASES, ALL OTHER WARRANTIES, OBLIGATIONS, AND LIABILITIES OF LIFELOC, AND ALL OTHER CLAIMS AND REMEDIES OF THE BUYER, EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE, WITH RESPECT TO ANY DEFECT IN LIFELOC EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE WAIVER AND RELEASE BY THE BUYER OF THE FOLLOWING: (i) ANY STATUTORY OR IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PURPOSE, (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND (iii) ANY OTHER RIGHT, CLAIM, OR REMEDY WHATSOEVER OF THE BUYER OR OF ANY PERSON OR ENTITY CLAIMING BY, THROUGH, OR UNDER THE BUYER AGAINST LIFELOC, WHETHER ARISING PURSUANT TO THE FOREGOING WARRANTY, PURSUANT TO ANY AGREEMENT PERTAINING TO LIFELOC EQUIPMENT, OR IN CONTRACT, IN INDEMNITY, IN TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), IN PRODUCTS LIABILITY, IN STRICT LIABILITY, OR OTHERWISE. BY ACCEPTING OR USING LIFELOC EQUIPMENT, THE BUYER FURTHER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT NO STATEMENT OR REPRESENTATION HAS BEEN MADE BY LIFELOC, OR RELIED UPON BY THE BUYER, THAT IS INCONSISTENT WITH THE FOREGOING WARRANTY.
Without prejudice to the foregoing, Lifeloc shall not have any obligation or liability, and the buyer acknowledges that Lifeloc shall not have any obligation or liability whatsoever, to the buyer, or to any person or entity claiming by, through, or under the buyer, whether arising pursuant to the foregoing Warranty, pursuant to any agreement pertaining to Lifeloc Equipment, or in contract, in indemnity, in tort (including, but not limited to, negligence), in products liability, in strict liability, or otherwise, (i) for any transportation, installation, removal, reinstallation, adjustment, or other expenses related to any Lifeloc Equipment covered by the Warranty or to other property, (ii) for any damage or loss to any property other than the Lifeloc Equipment covered by the Warranty, or (iii) for any special, indirect, incidental, or consequential damage or loss, even though such expenses, damages, or losses may be foreseeable, including, but not limited to: loss of profits or revenues, loss of use or equipment, cost of capital, cost of substitute equipment, repairs, or facilities, cost of downtime, or cost of purchased or replacement equipment or parts.
The limited remedies of the buyer set forth above shall be exclusive even though they may fail of their essential purpose. No agreement varying or extending the foregoing Warranty, no remedies, no exclusions, or no limitations shall be effective unless in a writing signed by an executive officer of LIFELOC. The correction of any Defect shall in no way extend the duration of the Warranty; only the unexpired warranty term of the Lifeloc Equipment applies to any repaired or replacement Lifeloc Equipment that is provided under the Warranty.
The Warranty is non-transferable and is effective on all Lifeloce Equipment purchased from and after [September 1, 2014]. Rights and recourse may vary by country.
Lifeloc Limited Lifetime Fuel Cell Warranty*
(effective on all Lifeloc-brand instruments purchased commencing June 1, 2014)
Unless otherwise set forth in the applicable purchase agreement, Lifeloc warrants to the original purchaser of Lifeloc breath alcohol testers that the fuel cell purchased with the instrument shall operate without defect for the life of the instrument subject to the following conditions:
- Lifeloc shall, at its option, elect to repair or replace any fuel cell determined by Lifeloc as defective. All fuel cells confirmed by Lifeloc as defective become the property of Lifeloc.
- Warranty is valid only to the original purchaser of the instrument and must be supported by registration of the unit in the Lifeloc Product Registration Database within 90 days of purchase or supported with proof of instrument purchase. Warranty does not pass to subsequent owners if the instrument is resold, stolen, donated or given to anyone other than the original purchaser.
- Warranty is invalidated if, in the opinion of Lifeloc, the instrument has been misused, abused, modified or improperly maintained. If the instrument is outside of its standard one year limited warranty, Lifeloc shall conduct its customary Factory Diagnostic Check prior to acceptance of a fuel cell claim. In the event of the need for fuel cell repair or replacement Lifeloc shall not charge the customer for the Factory Diagnostic Check.
- The Lifeloc Limited Fuel Cell Warranty does not apply if the product has been repaired or modified by someone other than a Lifeloc factory authorized technician and/or if parts other than Lifeloc approved parts are used in replacement or repair; or if any Lifeloc serial number has been removed or defaced.
- Upon subsequent instrument trade-in, there shall be no residual monetary value associated with the fuel cell owing to the owner.
- The Lifeloc Limited Fuel Cell Warranty does not survive past the end-of instrument service and support life as determined by Lifeloc Technologies at its sole discretion.
- Other than as set forth above, all Lifeloc fuel cells are subject to Lifeloc’ s standard 1 year warranty.
*Lifetime fuel cell warranty is valid throughout the US and Canada. International Customers please contact Lifeloc directly for specific terms and conditions.