13. Warranty
NOKIA One-Year Limited Warranty
Nokia Mobile Phones, Inc. (“NMP”) 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, NMP will repair, or replace,
at NMP'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. NMP
will also pay for the labor charges incurred by NMP 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. NMP'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. NMP 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 NMP, 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
NMP in Melbourne, Florida. NMP 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,
unauthorized repair, misuse, neglect, abuse, accident, alteration,
improper installation, or other acts which are not the fault of
NMP, 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 NMP.
c) NMP 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, by inadequate signal reception by the
external antenna, or by 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 Mobile Phones, 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) NMP will repair or authorize the repair of the Product under the
limited warranty within 30 days after receipt of the Product by
NMP or an NMP authorized service center. If NMP cannot perform
repair covered under this limited warranty within 30 days, or after
a reasonable number of attempts to repair the same defect, NMP
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 NMP 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 NMP after
the expiration of the limited warranty period, NMP'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. NMP 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, 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 NMP KNEW OF THE LIKELIHOOD
OF SUCH DAMAGES. NMP 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.
12. NMP 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.
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13. This is the entire warranty between NMP 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 NMP. 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, USA
7725 Woodland Center Blvd., Ste. 150
Tampa, FL 33614
Telephone: 1-888-NOKIA2U (1-888-665-4228)
or (813) 288-3800
Facsimile: (813) 249-9619
TTY Users: 1-800-24NOKIA (1-800-246-6542)
17. The limited warranty period for NMP 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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