2. Nokia One-Year Limited Warranty
Nokia Inc. (“Nokia”) warrants that this cellular phone (“Product”) is free from
defects in material and workmanship that result in Product failure during normal
usage, according to the following terms and conditions:
1.
The limited warranty for the Product extends for ONE (1) year beginning on the
date of the purchase of the Product. This one year period is extended by each
whole day that the Product is out of your possession for repair under this warranty.
2.
The limited warranty extends only to the original purchaser (“Consumer”) of
the Product and is not assignable or transferable to any subsequent purchaser/
end-user.
3.
The limited warranty extends only to Consumers who purchase the Product in
the United States of America.
4.
During the limited warranty period, 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 items 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.
Nokia will also pay for the labor charges incurred by Nokia in repairing or
replacing the defective parts. The limited warranty does not cover defects in
appearance, cosmetic, decorative or structural items, including framing, and
any non-operative parts. Nokia’s limit of liability under the limited warranty
shall be the actual cash value of the Product at the 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 warranty.
5.
Upon request from Nokia, the Consumer must prove the date of the original
purchase of the Product by a dated bill of sale or dated itemized receipt.
6.
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 the completion
of service under this limited warranty.
7.
The Consumer shall have no coverage or benefits under this limited warranty 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.
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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 applicable limited warranty 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.
8.
Nokia does not warrant uninterrupted or error-free operation of the Product.
If a problem develops during the limited warranty period, the Consumer shall
take the following step-by-step procedure:
a) The Consumer shall return the Product to the place of purchase for repair or
replacement processing.
b) If “a” is not convenient because of distance (more than 50 miles) or for other
good cause, the Consumer shall ship the Product prepaid and insured to Nokia.
See www.nokiausa.com/support for the address of the repair center
nearest you.
c) The Consumer shall include a return address, daytime phone number and/or
fax number, complete description of the problem, proof of purchase and
service agreement (if applicable). Expenses related to removing the Product
from an installation are not covered under this limited warranty.
d) The Consumer will be billed for any parts or labor charges not covered by
this limited warranty. The Consumer will be responsible for any expenses
related to reinstallation of the Product.
e) Nokia will repair the Product under the limited warranty within 30 days
after receipt of the Product. If Nokia cannot perform repairs covered under
this limited warranty within 30 days, 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.
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Please contact the Nokia Care Contact Center at the telephone number
listed at the end of this warranty if you need a loaner and the repair of the
Product has taken or is estimated to take more than ten (10) days.
f) If the Product is returned during the limited warranty period, but the
problem with the Product is not covered under the terms and conditions of
this limited warranty, 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 limited warranty period, Nokia’s normal service policies
shall apply and the Consumer will be responsible for all shipping charges.
9.
You (the Consumer) 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.
10. 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 THE 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, PUNITIVE 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.
11. Some states do not allow limitation of how long an implied warranty lasts, so
the one year warranty limitation may not apply to you (the 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
(the Consumer). This limited warranty gives the Consumer specific legal rights
and the Consumer may also have other rights which vary from state to state.
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12. 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 including the
provider or seller of any extended warranty or service agreement.
13. This is the entire warranty 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.
14. This limited warranty allocates the risk of failure of the Product between the
Consumer and Nokia. The allocation is recognized by the Consumer and is
reflected in the purchase price.
15. Any action or lawsuit for breach of warranty must be commenced within
eighteen (18) months following purchase of the Product.
16. Questions concerning this limited warranty 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
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