14. Warranty
NOKIA One-Year Limited Warranty
Nokia Mobile Phones, Inc. (“NMP”) 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, NMP will repair,
or replace, at NMP'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. NMP will also pay for the labor charges incurred
by NMP 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. NMP'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. NMP 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 NMP, the Consumer must prove
the date of the original purchase of the Product by a
dated bill of sale or dated itemized receipt.
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6. The Consumer shall bear the cost of shipping the
Product to NMP in Melbourne, Florida. NMP 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 installa-
tion, or other acts which are not the fault of NMP,
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 NMP.
c) NMP 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.
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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 Mobile Phones, 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 agree-
ment (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 Con-
sumer will be responsible for any expenses related to
reinstallation of the Product.
e) NMP will repair or authorize the repair of the Prod-
uct under the limited warranty within 30 days after
receipt of the Product by NMP or an NMP authorized
service center. If NMP cannot perform repair covered
under this limited warranty within 30 days, or after a
reasonable number of attempts to repair the same
defect, NMP 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 NMP 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
NMP after the expiration of the limited warranty period,
NMP's normal service policies shall apply and the Con-
sumer 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.
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10. ANY IMPLIED WARRANTY OF MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE OR USE,
SHALL BE LIMITED TO THE DURATION OF THE FOREGO-
ING 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. NMP
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, DOWN-
TIME, 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 NMP
KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. NMP
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. NMP 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.
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13. This is the entire warranty between NMP and the
Consumer, and supersedes all prior and contemporan-
eous 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.
14. This limited warranty allocates the risk of failure of
the Product between the Consumer and NMP. The allo-
cation 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 Mobile Phones, Inc.
7725 Woodland Center Boulevard, Suite #150
Tampa, FL 33614
Telephone: 1-888-NOKIA2U (1-888-665-4228)
Facsimile: (1) 813 249-9619
17. The limited warranty period for NMP supplied
attachments and accessories is specifically defined
within their own warranty cards and packaging.
©Nokia is a registered trademark of Nokia Corporation.
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Index