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attempts to repair the same defect, Nokia at its option, will provide a
replacement Product or refund the purchase price of the Product less a
reasonable amount for usage. In some states the Consumer may have the
right to a loaner if the repair of the Product takes more than ten (10) days.
Please contact the Customer Service Center at Nokia at the telephone
number listed at the end of this warranty if you need a loaner and the
repair of the Product has taken or is estimated to take more than ten (10)
days.
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
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