Motorola DEFY XT DEFY XT - User Guide - Page 43

FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS LIMITED WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. Who is Covered? This Limited Warranty extends only to the first consumer purchaser of the Product, and is not transferable. What Does this Limited Warranty Cover? Motorola Mobility Inc. or its subsidiaries' warranty obligations are limited to the terms and conditions set forth herein. Subject to the exclusions contained below, Motorola Mobility Inc or its subsidiaries ("Motorola") warrant this Mobile Phone, and any in-box accessories which accompany such Mobile Phone ("Product") against defects in materials and workmanship, under normal consumer use, for a period of ONE (1) YEAR from the date of retail purchase by the original end-user purchaser, or the period of time required by the laws of the country where the Product is purchased, whichever is longer ("Warranty Period"). Repairs made under this Limited Warranty are covered for the balance of the original Warranty Period, or 90 days from the date of service, whichever is longer. Any upgrade to the original product will be covered only for the duration of the original Warranty Period. This Limited Warranty is only available in the country where the Product was purchased. Motorola may provide service outside the country of purchase, to the extent that it is possible and under the terms and conditions of the country of purchase. This Limited Warranty applies only to new Products which are a) manufactured by or for Motorola as identified by the "Motorola" trademark, trade name, or logo legally affixed to them; b) purchased by consumers from an authorized reseller or distributor of Motorola Products; and c) accompanied by this written Limited Warranty. What Will Motorola Do? If a covered defect or damage arises and a valid warranty claim is received within the applicable Warranty Period, Motorola, at its sole option, unless otherwise required by applicable law, will either (1) repair, at no charge, the defect or damage using new, used or reconditioned/refurbished functionally equivalent replacement parts; or (2) exchange the Product with a replacement Product that is new or which has been reconditioned/refurbished or otherwise remanufactured from new or used parts and is functionally equivalent to the original Product; or (3) refund the purchase price of any Products covered by the terms and conditions of this Limited Warranty. Products, parts and supporting documentation provided to Motorola as part of the warranty process, shall become the property of Motorola, and may not be returned. When a replacement or refund is given, the Product for which the replacement or refund is provided must be returned to Motorola and shall become the property of Motorola. Exclusions (Products and Accessories) This warranty does not apply to: (a) Consumable parts, such as batteries or protective coatings designed to diminish over time unless failure has occurred due to a defect in materials or workmanship. As with all batteries, the maximum capacity of the battery will decrease with time and use; this is not a defect. Only defective batteries and batteries that leak are covered by this warranty. (b) Cosmetic damage, including but not limited to scratches, dents, cracks or other cosmetic damage. (c) Damage caused by use with non-Motorola products. Defects or damage that result from the use of non-Motorola branded or certified Products, accessories or other peripheral equipment, including without limitation housings, parts, or software, are excluded from coverage. (d) Damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external causes; including but not limited to: (i) improper usage or operation (e.g. operating the Product outside their permitted or intended uses as defined by Motorola, including but not limited to as set forth by Motorola in the Products' User Manual, Quick Start Guide, Online Tutorials, and other documentation), improper storage (e.g. subjecting the Product to extreme temperatures), abuse or neglect (e.g. broken/bent/missing clips/fasteners/connectors); impact damage (e.g. dropping the Product) (ii) contact with liquids, water, rain, extreme humidity, heavy perspiration or other moisture; sand, food, dirt or similar substances (except for Products sold as resistant to such substances, but only to the extent the damage was not caused by incorrectly securing the phone's protective elements or subjecting the Product to conditions beyond its stated specifications or limits); (iii) use of the Products for commercial rental purposes; or (iv) external causes or acts which are not the fault of Motorola, including but not limited to flood, fire, earthquake, tornado or other acts of God, are excluded from coverage. (e) Unauthorized Service or Modification. Defects or damage resulting from service, testing, adjustment, installation, maintenance, alteration, or modification in any way, including but not limited to tampering with or altering the software, by someone other than Motorola, or its authorized service centers, are excluded from coverage. Notwithstanding the foregoing, any Product which has had its bootloader unlocked, or whose operating system has been altered, including any failed attempts to unlock the bootloader or alter such Safety, Regulatory & Legal 41