18. 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.
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
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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.
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.
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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
For the hearing-impaired only (TTY):
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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