NOKIA CARE PROTECT
Terms and Conditions
Nokia Care Protect Terms and Conditions for Products Purchased in the United States of America
Your Nokia Care Protect Extended Warranty Program (the “Program”) is governed by these terms and conditions which constitutes your service contract with Nokia Inc. (“Nokia”). The Program covers defects for the Nokia branded handset devices (the “Product”) listed in your certificate of coverage. The terms “We,” “Us,” and “Our” refer to Nokia. The terms “You” and “Your” refer to the original purchaser of the Product. Your cost for coverage under the Program and the Issue Date of this Program is listed on your purchase receipt. Please keep this receipt for future reference.
The name and Address of the coverage provider and contract holder under this Program is as follows:
Nokia Inc.
6021 Connection Drive
Irving, TX 75039
1. The Program provides an additional one (1) year of warranty coverage beginning on the day the Nokia One-Year Limited Warranty included with Your Product at the time of purchase has expired and terminates.
2. The Program provides coverage only to Consumers who purchase and use the Product in the United States of America. Service under Nokia Care Protect is provided only in the United States of America. In the event Your original Product covered by this Program is (i) replaced by Nokia pursuant to the original warranty provided by Nokia at the time of original sale of the Product or (ii) replaced by Nokia under the coverage of this Program, the replacement Product shall be entitled to the remaining time period of coverage under the Program that would have applied to the original Product. Replacements Products provided by any party other than Nokia shall not be entitled to coverage under the Program.
3. Nokia will repair, or replace, at Nokia’s sole option, any defective parts, or any parts that will not properly operate for their intended use with new or refurbished replacement parts if such repair or replacement is needed because of Product malfunction or failure during normal usage. No charge will be made to the Consumer for any such parts. There is no deductible or processing fee for repairs that are covered by this Program. Nokia will also pay for the labor charges incurred by Nokia in repairing or replacing the defective parts. Nokia does not cover defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts. The warranty coverage does not apply to normal wear and tear or if any component of the Product is opened or repaired by someone not authorized by Nokia. The warranty coverage does not cover physical damage to the surface of the Product, including cracks or scratches on the LCD screen. The warranty coverage applies only to hardware products manufactured by or for Nokia. Any external batteries or other accessories or enhancements provided with the Product are provided "as is" or are subject to the limited warranty specifically applicable to such item, if any, and any SIM cards provided with the product are provided as is, and neither external batteries, accessories, enhancements nor SIM cards are, for purposes of this Program, part of the Product and receive no warranty coverage under this Program. Warranty coverage does not apply to any non-Nokia hardware products or any software, even if packaged or sold with the Product. Manufacturers, suppliers, or publishers, other than Nokia, may provide their own warranties to the end user purchaser, but Nokia, in so far as permitted by law, provides their products “as is.” Software distributed by Nokia with or without the Nokia brand name (including, but not limited to system software) is not covered under this Program and is not, for purposes of this Program, part of the Product. Warranty coverage also does not apply if the malfunction results from the use of the Product in conjunction with accessories, products, services or ancillary or peripheral equipment not expressly approved or provided by Nokia specifically for use with Your particular model of Nokia hardware, and where it is determined by Nokia that such malfunction is not the fault of the Nokia Product itself. Nokia’s limit of liability under the Program shall be the actual cash value of the Product at this time the Consumer returns the Product for repair, determined by the price paid by the Consumer for the Product less a reasonable amount for usage. Nokia shall not be liable for any other losses or damages. These remedies are the Consumer’s exclusive remedies for breach of the terms and conditions of the Program.
4. The Consumer shall bear the cost of shipping the Product to Nokia. Nokia shall bear the cost of shipping the Product back to the Consumer after completion of service.
5. The Consumer shall have no coverage or benefits under the Program if any of the following conditions are applicable:
a. The Product has been subjected to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of Nokia, including damage caused by shipping.
b. The Product has been damaged from external causes such as collision with an object, or from fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather conditions, an Act of God, or battery leakage, theft, blown fuse, or improper use of any electrical source, damage caused by computer or internet viruses, bugs, worms, Trojan Horses, cancelbots or damage caused by the connection to other products not recommended for interconnection by Nokia.
c. Nokia was not advised in writing by the Consumer of the alleged defect or malfunction of the Product within fourteen (14) days after the expiration of the Program Period.
d. The Product serial number plate or the enhancement data code has been removed, defaced or altered.
e. The defect or damage was caused by the defective function of the cellular system or by inadequate signal reception by the external antenna, or viruses or other software problems introduced into the Product.
6. Nokia does not warrant uninterrupted or error-free operation of the Product.
7. To obtain service under the Program, the Consumer shall take the following step-by-step procedure:
a. Contact Nokia Inc. by telephone at 1-888-NOKIA-2U (1-888-665-4228) [TTY/TDD Users Only: 1-800-24-NOKIA (1-800-246-6542)] or visit www.nokiausa.com/support
b. The Consumer shall include a return address, daytime phone number and/ or fax number, complete description of the problem. Expenses related to removing the Product from an installation are not covered under this limited warranty.
c. Nokia will repair the Product within a reasonable time after receipt of the Product. If Nokia cannot perform repairs within a reasonable time, or after a reasonable number of attempts to repair the same defect, Nokia at its option, will provide a replacement Product or refund the purchase price of the Product less a reasonable amount for usage. In some states the Consumer may have the right to a loaner if the repair of the Product takes more than ten (10) days. Please contact the Nokia Care Contact Center at the telephone number listed at the end of these terms and conditions if repair of the Product has taken or is estimated to take more than ten (10) days.
d. If the problem with the Product is not covered under the terms and conditions of this Program, the Consumer will be notified and given an estimate of the charges the Consumer must pay to have the Product repaired, with all shipping charges billed to the Consumer. If the estimate is refused, the Product will be returned freight collect. If the Product is returned after the expiration of the coverage under the Program, Nokia's normal service policies shall apply and the Consumer will be responsible for all shipping charges.
8. You understand that the Product may consist of refurbished equipment that contains used components, some of which have been reprocessed. The used components comply with Product performance and reliability specifications.
9. ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE, SHALL BE LIMITED TO THE DURATION OF THE PROGRAM PERIOD. OTHERWISE, THE TERMS AND CONDITIONS OF THE PROGRAM IS THE CONSUMER'S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE EXPIRATION OF THE PROGRAM PERIOD. NOKIA SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF THE USE OF MONEY, LOSS OF DATA, ANY COSTS OF RECOVERING ANY PROGRAM OR DATA STORED OR USED WITH NOKIA PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT, PUNITIVE DAMAGES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF NOKIA KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. NOKIA SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE PROGRAM, OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED.
10. SOME STATES DO NOT ALLOW LIMITATION OF HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ONE YEAR WARRANTY LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
11. Nokia neither assumes nor authorizes any authorized service center or any other person or entity to assume for it any other obligation or liability beyond that which is expressly provided for herein including the provider or seller of any extended warranty or service agreement.
12. These terms and conditions constitute the entire agreement between Nokia and the Consumer, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms. If any term of this Program is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
13. Arbitration Provision. Any and all claims, disputes or controversies of any nature whatsoever (whether in contract, tort, or otherwise, including statutory, common law, fraud, other intentional tort, property and equitable claims) arising out of, relating to, or in connection with (1) this Program, (2) the relationships which result from this Program, including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Program or this arbitration provision or (3) the validity, scope or enforceability of this arbitration provision or the entire Program (“Claim”) shall be resolved by arbitration, which shall be administered by the American Arbitration Association (the “AAA”) in accordance with its Wireless Industry Rules and Procedures in effect at the time the Claim is filed. Any arbitration which You attend will take place at a location within the federal judicial district that includes Your billing address. Upon written request, Nokia will advance to You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or Nokia will ultimately be responsible for these fees. The arbitrator shall apply relevant, substantive law and applicable statutes of limitation and shall provide written reasoned findings of fact and conclusions of law. This arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1, et. seq. If any portion of this arbitration provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the arbitration provision. A single arbitrator engaged in the practice of law shall conduct the arbitration and the arbitrator’s decision and award shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction over this matter. All claims must be arbitrated individually, and there will be no consolidation or class treatment of any claims. YOU AND NOKIA UNDERSTAND AND AGREE THAT BECAUSE OF THIS ARBITRATION CLAUSE NEITHER YOU NOR NOKIA WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED BELOW OR TO HAVE A JURY TRIAL. IN ACCORDANCE WITH THE ARBITRATION RULES, HOWEVER, YOU MAY, AT YOUR ELECTION, PURSUE AN ACTION AVAILABLE IN SMALL CLAIMS COURT IN LIEU OF ARBITRATING THE DISPUTE.
14. Termination and Refunds. You may terminate the Program at any time for any reason by contacting Nokia in writing at: Nokia Care Protect Team 4630 Woodland Corporate Blvd Suite 100 Tampa FL 33614. We may terminate the Program immediately for any reason by notifying You in writing. If We or You terminate this Contract within 30 days of the date purchased and no coverage has been provided as set forth in Section 4, You will receive a full refund of the Program purchase price. If coverage was provided within 30 days of the date purchased, You will receive a refund less the value of any replacement or repair services received. If the Program is terminated after 30 days of the date purchased, We will refund the purchase price allocable to the remainder of the term of this Program, prorated on a monthly basis, less the value of any replacement product or services received.
For residents of Alabama, Arkansas, California, Hawaii, Maryland, Missouri, Nevada, New York, Washington, and Wyoming, any refund owed and not paid or credited within 30 days of cancellation shall include a 10% penalty per month.
For residents of Minnesota, Missouri, South Carolina, Texas, and Wyoming, any refund owed and not paid or credited within 45 days of cancellation shall include a 10% penalty per month.
For residents of New Mexico, any refund owed and not paid or credited within 60 days of cancellation shall include a 10% penalty per month.
15. State Variations.
ALABAMA CUSTOMERS
Obligations of Nokia are backed by the full faith and credit of Nokia only and are not guaranteed under a service contract reimbursement insurance policy.
ARKANSAS CUSTOMERS
Obligations of Nokia are backed by the full faith and credit of Nokia only and are not guaranteed under a service contract reimbursement insurance policy. If We cancel this Program, We will mail to You, at Your last address listed in Our records, written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. Prior notice is not required if the reason for cancellation is nonpayment of the Program fee, a material misrepresentation by You, or a substantial breach of Your duties.
CALIFORNIA CUSTOMERS:
Consumer Cancellation Within First 30 Days
If You terminate this Program within 30 days of the date purchased, You will receive a full refund of the Program purchase price. If coverage was provided prior to cancellation, You will receive a refund less the value of any replacement or repair services received.
Consumer Cancellation After 30 Days
If this Program is terminated after 30 days of the date purchased, We will refund the purchase price allocable to the remainder of the term of this Program, prorated on a monthly basis, less the value of any replacement product or services received.
The arbitration provision contained herein does not prohibit a California resident from following the process to resolve complaints as outlined in the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, You may contact BEAR at 1-800-952-5210, or You may write to Department of Consumer Affairs, 3485 Orange Grove Avenue, Suite A, North Highlands, California 95660, or You may visit their website at www.Bear.ca.gov.
CONNECTICUT CUSTOMERS: In lieu of the Dispute Resolution provision above, You may, if You purchased this Program in Connecticut, pursue arbitration to settle disputes between You and the provider of this Program. You may mail Your complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, Connecticut 06142-0816, Attention: Consumer Affairs. The written complaint must describe the dispute, identify the price of the Covered Product and cost of repair, and include a copy of this Program.
FLORIDA CUSTOMERS:
The Arbitration provision of this Program is amended to provide that the Arbitrator’s decision and award shall be non-binding on You and on Us. No suit shall be commenced in a federal, state, or local court until such time as both You and We first address our disagreement in an arbitration proceeding pursuant to the Arbitration provision in this Program. In the event that We terminate this Program, return of the premium shall be based upon 100 percent of unearned pro rata premium. In the event the contract is cancelled by You, return of the premium shall be based upon 90 percent of unearned pro rata premium less any claims that have been paid or less the cost of repairs made.
GEORGIA CUSTOMERS:
You and We understand and agree that any claim must first be submitted to non-binding arbitration pursuant to procedures set forth in Section 14 of this Program. Any suit brought will be subject to a stay of the proceeding pending arbitration. Should the attempt to resolve the claim through arbitration prove unsuccessful, then You or We will have the right to submit a claim to a court in the county in which You reside. If this Program is terminated prior to its expiration, We will not deduct claims paid from any refund owed. We may only terminate this Program before the end of the Program term on the grounds of nonpayment, material misrepresentation or in the event of fraud. The termination shall be in writing and shall conform to the requirements of Georgia Code § 33-24-44.
MISSOURI CUSTOMERS
Obligations of Nokia are backed by the full faith and credit of Nokia only and are not guaranteed under a service contract reimbursement insurance policy. A claim against the provider shall also include a claim for return of the unearned provider fee.
MONTANA CUSTOMERS:
Obligations of Nokia are backed by the full faith and credit of Nokia only and are not guaranteed under a service contract reimbursement insurance policy. If We cancel this Program, We will mail You, at Your last address listed in Our records, written notice at least five (5) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. Prior notice is not required if the reason for cancellation is nonpayment of the Program fee, a material misrepresentation by You to Us, or a substantial breach of duties by You.
NEVADA CUSTOMERS:
If this Program has been in force for a period of seventy (70) days, We may not cancel before the expiration of the Program term, unless: 1)You fail to pay any amount due; 2) You are convicted of a crime which results in an increase in the service required under the Program; 3) You engage in fraud or material misrepresentation in obtaining this Program; 4) You commit any act, omission, or violation of any terms of this Program after the Issue Date of this Program which substantially and materially increases the service required under this Program; or 5) any material change in the nature or extent of the required service occurs after the Issue Date of this Program and causes the required service to be substantially and materially increased beyond that contemplated at the time You purchased this Program. Your right to void this Program during the first 30 days following receipt is not transferable and applies only to the original Program purchaser. If this Program is terminated prioto its expiration, no deductions for claims fulfilled will be made to Your refund. Any termination of this Program by Us is not effective until 15 days after the notice of cancellation is mailed to You. Such notice shall include the effective date of cancellation and the reason for cancellation.
NEW HAMPSHIRE CUSTOMERS:
See section 17 of this Program for information on how to reach Nokia if You have questions, concerns, or complaints about the Program. In the event You do not receive satisfaction under this Program, You may contact the State of New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord, New Hampshire 03301, telephone number: 603-271-2261.
NEW MEXICO CUSTOMERS:
This Program may not be terminated before the end of the Program term without providing You with written notice at least 15 days prior to the effective date of termination. Such notice shall include the effective date of cancellation and the reason for cancellation. No Program that has been in effect for at least 70 days may be terminated by Us before the expiration of the Program Period or 1 year after the issue date of the Program, whichever occurs first, except on the following grounds: (a) failure by the holder to pay an amount due; (b) conviction of the holder of a crime which results in an increase in the service required; (c) discovery of fraud or material misrepresentation by the holder in obtaining the Program, or in presenting a claim for service thereunder; (d) discovery of: (1) an act or omission by the holder; or (2) a violation by the holder of any condition of the Program, which occurred after the Issue Date of the Program and which substantially and materially increases the service required under the Program; or (e) a material change in the nature or extent of the required service which occurs after the Issue Date of the Program and which causes the required service to be substantially and materially increased beyond that contemplated at the time that the Program was issued or sold.
NEW YORK CUSTOMERS
Obligations of Nokia are backed by the full faith and credit of Nokia only and are not guaranteed under a service contract reimbursement insurance policy.
This Program may not be terminated before the end of the Program term without providing You with written notice at least 15 days prior to the effective date of termination. Such notice shall include the effective date of cancellation and the reason for cancellation. Written notice is not required if the reason for cancellation is nonpayment of the Program fee, a material misrepresentation by You, or a substantial breach of Your duties under this Program.
NORTH CAROLINA CUSTOMERS:
You understand that the purchase of this Program is not required to purchase or to obtain financing for the property covered. We may non-renew, but may not cancel this Program prior to the expiration of the Program Period except for non-payment by You or for violation of any of the terms and conditions of this Program.
SOUTH CAROLINA CUSTOMERS:
Obligations of Nokia are backed by the full faith and credit of Nokia only and are not guaranteed under a service contract reimbursement insurance policy. A claim against the provider shall also include a claim for return of the unearned provider fee.
This Program may not be terminated before the end of the Program term without providing You with written notice at least 15 days prior to the effective date of termination. Such notice shall include the effective date of cancellation and the reason for cancellation. Written notice is not required if the reason for cancellation is nonpayment of the Program fee, a material misrepresentation by You, or a substantial breach of Your duties under this Program.
Any questions concerning the regulation of Us under this Program or any unresolved complaints (within 60 days of proof of loss) may be directed to the South Carolina Department of Insurance – P.O. Box 100105 Columbia, South Carolina 29202-3105 or (800) 768-3467.
TEXAS CUSTOMERS:
Obligations of Nokia are backed by the full faith and credit of Nokia only and are not guaranteed under a service contract reimbursement insurance policy.
This Program may not be terminated before the end of the Program term without providing You with written notice at least 5 days prior to the effective date of termination. Such notice shall include the effective date of cancellation and the reason for cancellation. Written notice is not required if the reason for cancellation is nonpayment of the Program fee, a material misrepresentation by You, or a substantial breach of Your duties under this Program.
Any questions concerning the regulation of Us under this Program or any unresolved complaints may be directed to the Texas Department of Licensing and Regulations— P.O. Box 12157 Austin, Texas 78711 or (512) 463-6599.
WASHINGTON CUSTOMERS:
Obligations of Nokia are backed by the full faith and credit of Nokia only and are not guaranteed under a service contract reimbursement insurance policy.
WISCONSIN CUSTOMERS:
THIS PROGRAM IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE
WYOMING CUSTOMERS:
Obligations of Nokia are backed by the full faith and credit of Nokia only and are not guaranteed under a service contract reimbursement insurance policy.
If We cancel this Program, We will mail You, at Your last address listed in Our records, written notice at least ten (10) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. Prior notice is not required if the reason for cancellation is nonpayment of the Program fee, a material misrepresentation by You to Us, or a substantial breach of duties by You.
16. Questions concerning this Program may be directed to:
Nokia Inc.
Telephone: 1-888-NOKIA-2U (1-888-665-4228)
Facsimile: (813) 249-9619
TTY/TDD Users Only: 1-800-24-NOKIA (1-800-246-6542)
Website: www.nokiausa.com/support
