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158 Copyright © 2003 Nokia
Nokia One-Year Limited Warranty
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 the 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.