NOKIA One-Year Limited Warranty
24
24 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.
[ 126 ]
24
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.
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, 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.
[ 127 ]
NOKIA One-Year Limited Warranty
24
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.
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.
[ 128 ]
24
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.
13. This is the entire warranty between Nokia (or 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.
[ 129 ]
NOKIA One-Year Limited Warranty
24
14. This limited warranty allocates the risk of failure of the Product
between the Consumer and Nokia (or 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-NOKIA-2U (1-888-665-4228)
Facsimile: 1-813
249-9619
TTY Users: For the hearing-impaired only (TTY):
1-800-24-NOKIA (1-800-246-6542)
17. The limited warranty period for Nokia (or NMP) supplied attachments
and accessories is specifically defined within their own warranty cards
and packaging.
[ 130 ]