Limitations of Liability and Implied Warranty
Upon sale of the automotive interlock system ("The Determinator®") by Alcohol Detection Systems, Inc., dba ADS, the purchaser and the parties hereto agree as follows with regard to any and all warranties of the seller, and the extent of any liability of the Seller due to the use of the Interlock by the Purchaser:
The Interlock is designed to assist in the prevention of the operation of a motor vehicle by a driver who is substantially intoxicated by alcohol and alcohol-based products. Seller does not, by virtue of this warranty or any other statement, represent, warrant, offer, or otherwise provide a guarantee or insure against the operation of an Interlocked equipped vehicle by a driver or operator intoxicated or compromised by the ingestion of, whether or not said ingestion was voluntary or involuntary, alcohol or other chemical substances which may impair an operator's ability to operate a motor vehicle safely. Seller DOES NOT warrant that the Interlock and/or its related or collateral system of components cannot be compromised, circumvented, or functionally invalidated.
Seller warrants the Seller's Interlock to be free from defects in material and workmanship under normal use and service for which it was intended if, but only if, it has been properly installed and operated. Seller's obligation under this warranty is limited to replacing or repairing, free of charge, for point of manufacture, any defective part or parts of the Interlock that were manufactured by Seller which are returned to Seller at Seller's place of business in Baltimore, MD, provided that such part, or parts, are returned to the Seller's factory not later than 90 days after the date of purchase. Parts furnished by Seller, but not manufactured by Seller, will carry only the warranty of the manufacturer. Transportation charges or duties shall be borne by Purchaser. This shall be the limit of Seller's liability for any breach of warranty. Purchaser must notify Seller by registered mail or certified mail, return receipt requested, of a breach of warranty within 30 days after discovery thereof, but not later than the guarantee period; otherwise, such claims shall be deemed waived. No allowance will be granted for any repairs or alterations made by Purchaser without Seller's prior written consent. THE EXTENT OF THIS WARRANTY IS EXCLUSIVELY LIMITED TO THE REPAIR OR REPLACEMENT OF THE INTERLOCK DEVICE AND/OR ITS RELATED OR COLLATERAL COMPONENTS AND IN NO EVENT SHALL THE SELLER'S LIABILITY EXCEED THE PURCHASE PRICE PAID BY THE PURCHASER FOR THE INTERLOCK.
Seller does not warrant this Interlock to meet the requirements of any safety code of any state, municipality, or other jurisdiction, and Purchaser assumes all risk and liability whatsoever resulting from the use thereof, whether used singly or in combination with other Interlocks or apparatus.
This warranty shall not apply to any Seller's Interlock, or parts thereof, which have been repaired or altered, without Seller's written consent, outside Seller's factory or altered in any way so as, in the judgment of Seller, to affect adversely the stability or reliability of the Seller's Interlock, or has been subject to misuse, negligence or accident.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE NOT SET FORTH IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF SELLER. Seller shall not be liable for any loss or damage resulting, directly or indirectly, from the use of loss of use of the Interlock. In no case shall seller be liable for any consequential or incidental damages for breach of this or any other warranty, expressed or implied, whatsoever. Seller neither assumes nor authorizes any person to assume for it any other liability in connection with the sale or use of the Seller's Interlock, and there are no oral agreements or warranties collateral to or affecting the agreement.
The purchase agrees to indemnify and hold Seller harmless from any suits, claims, damages, liabilities, costs and expenses, arising out of or in connection with any motor vehicle accident which Purchaser or other driver of Purchaser's vehicle) is entirely or partially at fault, whether or not the breath alcohol concentration of Purchaser (or other driver of Purchaser's vehicle) exceeds the legal limit or the level which the Interlock was set to detect.
TRAVEL WARNING:
The Seller does not represent, warrant, or guarantee that the user, having a breath alcohol concentration (BAC) lower than the setpoint of the user's resident state, will be in compliance with the BAC limits of other jurisdictions. The Seller strongly advises that users check and acquaint themselves with the laws and statutes of jurisdictions they will be traveling through and to, prior to their journey.
The seller will not be responsible, under any circumstances, for the user of an Interlock whose resident jurisdiction has a BAC limit higher than that in the jurisdiction the user may presently be within, and who relies on the BAC regulations of his resident state, but may subsequently be charged with operating a motor vehicle while under the influence of excessive BAC for exceeding local limits even where it may not exceed the limits of his resident state.
