Nokia One Year Limited Warranty
19
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.
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:
8
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.
a
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.
[ 80 ]
b
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.
c
The Product serial number plate or the accessory data code has been removed, defaced
or altered.
d
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.
9
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.
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.
10
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.
[ 81 ]
Nokia One Year Limited Warranty
11
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.
12
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.
13
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.
14
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.
15
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.
16
Any action or lawsuit for breach of warranty must be commenced within eighteen (18)
months following purchase of the Product.
17
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)
Fax: 1-813-249-9619
TTY/TDD Users Only: 1-800-24-NOKIA (1-800-246-6542)
18
The limited warranty period for Nokia supplied attachments and enhancements is
specifically defined within their own warranty cards and packaging.
[ 82 ]
Manufactured or sold under one or more of the following US patents:
D405445
5444816
5737323
5821891
5990740
6055264
6154455
Others
D406583
5491718
5754976
5854978
5991627
6072787
6167083
4558302
D414189
5596571
5758278
5859843
6005889
6076181
6205325
4901307
D405784
5642377
5790957
5887250
6009129
6078570
6253075
5056109
D423515
5699482
5793744
5887252
6025802
6084471
6292474
5101501
4969192
5701392
5796757
5889770
6029065
6088342
5109390
5440597
5708656
5802465
5929813
6047071
6148290
5265119
RE32580
[ 83 ]
Appendix A