Nokia One-Year Limited Warranty
23) 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.
[ 118 ]
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 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.
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 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, or viruses or other software problems introduced into
the Product.
[ 119 ]
Nokia One-Year Limited Warranty
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 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 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.
Please contact the Customer Service Center at Nokia 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.
[ 120 ]
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.
[ 121 ]
Nokia One-Year Limited Warranty
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.
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 the 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.
Attn: Customer Service
7725 Woodland Center Blvd., Ste. 150
Tampa, FL 33614
Telephone: 1-888-NOKIA-2U (1-888-665-4228)
Facsimile: (813) 287-6612
TTY/TDD Users Only: 1-800-24-NOKIA (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.
[ 122 ]
NOTES
[ 123 ]
Appendix A: Message from the CTIA
Appendix A
: