10. 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.
2. The limited warranty extends to the original purchaser of the
Product (“Consumer”) 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.
4. During the limited warranty period, Nokia will repair, or replace,
at Nokia's option, any defective parts, or any parts that will not
properly operate for their intended use with new or factory rebuilt
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 in Melbourne, Florida. 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 subject to abnormal use, abnormal
conditions, improper storage, exposure to moisture or dampness,
unauthorized modifications, unauthorized connections, un-
authorized 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, or damage
caused by the connection to other products not recommended
for interconnection by Nokia.
c) Nokia was not advised by the Consumer in writing 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 accessory 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.
8. 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 Inc.
Attn: Repair Department
795 West Nasa Blvd.
Melbourne, FL. 32901
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 or authorize the repair of the Product under
the limited warranty within 30 days after receipt of the Product
by Nokia or an Nokia authorized service center. If Nokia cannot
perform repair 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.
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f) If the Product is returned to Nokia 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 to Nokia 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. The Product consists of newly assembled equipment that
may contain used components that have been reprocessed
to allow machine compliance 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 OR CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO, LOSS OF ANTICIPATED
BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE,
PUNITIVE DAMAGES, LOSS OF USE OF THE PRODUCT OR
ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST
OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWN-
TIME, 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 above 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, and all
communications 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 of the Product.
15. Any action or lawsuit for breach of warranty must be
commenced within eighteen (18) months following delivery of
the Product.
16. Questions concerning this limited warranty may be directed
to:
Nokia Customer Care Center
Nokia Inc.
7725 Woodland Center Boulevard, Suite #150
Tampa, FL 33614
Telephone: 1-888-NOKIA2U (1-888-665-4228)
Facsimile: (813) 249-9619
TTY Users: 1-800-24NOKIA (1-800-246-6542)
17. The limited warranty period for Nokia supplied attachments
and accessories is specifically defined within their own warranty
cards and packaging.
©Nokia is a registered trademark of Nokia Corporation.
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