Nokia Inc. ("Nokia") warrants that this mobile enhancement product or accessory ("Product") is free from defects in material and workmanship that result in Product failure during normal usage, according to the following terms and conditions:
- The limited warranty for the Product extends for ONE (1) year beginning on the date of the sale of the Product to the original purchaser ("Consumer") of the Product who purchases it in the United States. It is not assignable or transferable to any subsequent purchaser or user.
- During the limited warranty period, Nokia will repair, or replace, at Nokia's sole option, defective parts, or parts that will not properly operate for their intended use, with new or refurbished parts if needed because of product malfunction or failure during normal usage. The limited warranty does not cover defects in appearance, cosmetics, decorative or structural items including framing and non-operative parts, and expenses related to removing or reinstalling the Product. Nokia does not warrant uninterrupted or error-free operation of the Product.
Consumer shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable:
- The Product has been subjected to physical abuse, exposure to moisture or dampness, abnormal use, abnormal conditions, improper storage, unauthorized modifications, unauthorized connections, unauthorized repair, misuse, neglect, improper installation, shipping damage or other acts which are not the fault of Nokia.
- 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 software viruses, bugs, worms, Trojan Horses, or cancelbots or by connection to products not recommended for interconnection by Nokia.
- Nokia was not advised in writing by Consumer of the alleged defect or malfunction of the Product within fourteen (14) days after the expiration of the applicable limited warranty period.
- The Product serial number plate or the accessory data code has been removed, defaced or altered.
- If warranty repair is needed, Consumer should return the Product to the place of purchase for repair or replacement or contact Nokia for instructions for returning the Product. Consumer shall bear the cost of returning the Product to Nokia and shall provide a copy of an itemized receipt showing the date of purchase. Nokia will repair or replace the Product (with the same or similar model) within thirty (30) days after receipt. Nokia may, at its sole option, refund the price paid by Consumer less a reasonable amount for usage. Nokia is not responsible for any loss of data during repair.
- The Product may contain used components, some of which have been reprocessed.
- 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 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, 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.
- Under no circumstances shall Nokia's liability under this limited warranty exceed the actual cash value of the Product at the time Consumer returns the Product for repair, determined by the price paid by Consumer for the Product less a reasonable amount for usage.
- Some states do not allow limitation of how long an implied warranty lasts, so the one-year warranty limitation may not apply to you (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 (Consumer). This limited warranty gives Consumer specific legal rights, and Consumer may also have other rights which vary from state to state.
- 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. This is the entire warranty between the Nokia and 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. This limited warranty allocates the risk of failure of the Product between Consumer and Nokia. The allocation is recognized by Consumer and is reflected in the purchase price.
- Any claim or dispute relating in any way to this limited warranty, including allegations of product defect, shall be submitted to final, binding arbitration before the American Arbitration Association pursuant to its Wireless Industry Arbitration Rules. Any action for breach of warranty must be commenced within eighteen (18) months of purchase of the Product.
* Nokia is a registered trademark of Nokia Corporation.