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110 Copyright © 2004 Nokia
9 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.
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, 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.
11 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.
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, 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 Nokia. The allocation is recognized by
the Consumer and is reflected in the purchase price.
15 Any action or lawsuit for breach of warranty must be commenced within eighteen (18)
months following purchase of the Product.