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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.