- The limited warranty for the Product extends for ONE
(1) year beginning on the date of the sale of the
Product to the original purchaser ("Consumer") of
the Product who purchases it in the United States. It
is not assignable or transferable to any subsequent
purchaser or user.
- During the limited warranty period, Nokia will repair,
or replace, at Nokia's sole option, defective parts, or
parts that will not properly operate for their intended
use, with new or refurbished parts if needed because
of product malfunction or failure during normal
usage. The limited warranty does not cover defects
in appearance, cosmetics, decorative or structural
items including framing and non-operative parts,
and expenses related to removing or reinstalling the
Product. Nokia does not warrant uninterrupted or
error-free operation of the Product.
- Consumer shall have no coverage or benefits under
this limited warranty if any of the following conditions
are applicable:
- The Product has been subjected to physical abuse,
exposure to moisture or dampness, abnormal use,
abnormal conditions, improper storage, unauthorized
modifications, unauthorized connections,
unauthorized repair, misuse, neglect, improper
installation, shipping damage or other acts which
are not the fault of Nokia.
- 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, or damage caused by software viruses,
bugs, worms, Trojan Horses, or cancelbots or by
connection to products not recommended for
interconnection by Nokia.
- Nokia was not advised in writing by Consumer of
the alleged defect or malfunction of the Product
within fourteen (14) days after the expiration of
the applicable limited warranty period.
- The Product serial number plate or the accessory
data code has been removed, defaced or altered.
- If warranty repair is needed, Consumer should return
the Product to the place of purchase for repair or
replacement or contact Nokia for instructions for
returning the Product. Consumer shall bear the cost of
returning the Product to Nokia and shall provide a
copy of an itemized receipt showing the date of purchase.
Nokia will repair or replace the Product (with
the same or similar model) within thirty (30) days
after receipt. Nokia may, at its sole option, refund the
price paid by Consumer less a reasonable amount for
usage. Nokia is not responsible for any loss of data
during repair.
- The Product may contain used components, some of
which have been reprocessed.
- ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE OR USE, SHALL BE
LIMITED TO THE DURATION OF THE FOREGOING LIMITED
WRITTEN WARRANTY. OTHERWISE, THE FOREGOING LIMITED
WARRANTY IS CONSUMER'S SOLE AND EXCLUSIVE
REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED. NOKIA SHALL NOT BE LIABLE FOR
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED
BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE,
LOSS OF DATA, 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 LIMITED WARRANTY, OR LOSS OF USE DURING
THE PERIOD THAT THE PRODUCT IS BEING REPAIRED.
- Under no circumstances shall Nokia's liability under
this limited warranty exceed the actual cash value of
the Product at the time Consumer returns the Product
for repair, determined by the price paid by Consumer
for the Product less a reasonable amount for usage.
- Some states do not allow limitation of how long an
implied warranty lasts, so the one-year warranty limitation
may not apply to you (Consumer). 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 to
you (Consumer). This limited warranty gives Consumer
specific legal rights, and Consumer may also
have other rights which vary from state to state.
- 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 in this limited
warranty. This is the entire warranty between the
Nokia and 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. This limited warranty allocates
the risk of failure of the Product between Consumer
and Nokia. The allocation is recognized by
Consumer and is reflected in the purchase price.
- Any claim or dispute relating in any way to this limited
warranty, including allegations of product defect,
shall be submitted to final, binding arbitration before
the American Arbitration Association pursuant to its
Wireless Industry Arbitration Rules. Any action for
breach of warranty must be commenced within eighteen
(18) months of purchase of the Product.
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