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e) Nokia will repair the Product under the limited warranty within 30 days
after receipt of the Product. If Nokia cannot perform repairs covered under
this limited warranty within 30 days, or after a reasonable number of
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.