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48 Copyright © 2004 Nokia
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.
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.
2600.ENv1_9233171.book Page 48 Tuesday, August 24, 2004 12:55 PM