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Section 4B: Terms & Conditions / Warranty 231
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.
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