Nokia 3285 Nokia 3285 User Guide in English - Page 137

And Is In Lieu Of All Other Warranties, Express Or Implied. Nokia

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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 OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, 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 above 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 (or NMP) and the Consumer, and supersedes all prior and contemporaneous agreements or understandings, oral or written, and all communications relating to the Product, and no representation, promise or condition not contained herein shall modify these terms. 24 [ 128 ]

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24
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 OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF ANTICIPATED BENEFITS
OR PROFITS, LOSS OF SAVINGS OR REVENUE, 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 above 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 (or NMP) and the Consumer,
and supersedes all prior and contemporaneous agreements or understandings,
oral or written, and all communications relating to the Product, and no
representation, promise or condition not contained herein shall modify
these terms.