Nokia Booklet 3G User Guide - Page 24

24 MANUFACTURER'S LIMITED WARRANTY the Product is not covered under the terms and conditions of this MLW, 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 to the Consumer freight collect. If the Product is returned after the expiration of the Warranty Period, Nokia's normal service policies shall apply, and the Consumer will be responsible for all shipping charges. When repairing or replacing the Product, Nokia may use products or parts that are new, refurbished or reprocessed. All such components comply with Product performance and reliability specifications. The Product may contain country specific elements, including software. If the Product has been re-exported from its original destination country to another country, the Product may contain country specific elements that are not considered to be a defect under this MLW. Note that any repair of the Product, the replacement of any parts in the Product, or any other similar actions undertaken by any other party than an authorized Nokia service partner will, to the fullest extent permitted under applicable law, void this MLW and any of the rights set forth herein. Limitation of Nokia's liability The Product is a sophisticated electronic device. Nokia strongly encourages the Consumer to become familiar with the user guide and instructions provided with and for the Product. Also note that the Product might contain high precision displays and other similar parts, which could be scratched or otherwise damaged if not handled very carefully. ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF USE, SHALL BE LIMITED TO THE DURATION OF THE FOREGOING 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, 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 THIS MLW OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED. Some states do not allow limitation of how long an implied warranty lasts, so the Warranty Period may not apply. 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. This limited warranty gives the Consumer specific legal rights, and the Consumer may also have other rights which vary from state to state. 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 MLW, including the provider or seller of any extended warranty or service agreement. 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. This MLW 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. Arbitration Provision. Any and all claims, disputes or controversies of any nature whatsoever (whether in contract, tort, or otherwise, including statutory, common law, fraud, other intentional tort, property and equitable claims) arising out of, relating to, or in connection with (1) this limited warranty, (2) the relationships which result from this limited warranty, including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this limited warranty or this arbitration provision or (3) the validity, scope or enforceability of this arbitration provision or the entire limited warranty ("Claim") shall be resolved by arbitration, which shall be conducted pursuant to the American Arbitration Association (the "AAA") Wireless Industry Rules and Procedures in effect at the time the Claim is filed. Any arbitration which you attend will take place at a location within the federal judicial district that includes your billing address. Upon written request, Nokia will advance to you either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether you or Nokia will ultimately be responsible for these fees. The arbitrator shall apply relevant, substantive law and applicable statutes of limitation and shall provide written reasoned findings of fact and conclusions of law. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1, et. seq. A single arbitrator engaged in the practice of law shall conduct the arbitration, and the arbitrator's decision and award shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction over this matter. All claims must be arbitrated individually, and there will be no consolidation or class treatment of any claims. If the foregoing class action waiver is deemed invalid or unenforceable, this entire 24 © 2009 Nokia. All rights reserved.