17. 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, 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, 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, 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 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. 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.
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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, USA
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.
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