Nokia 6638 User Manual page 122

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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.

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.

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.

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.

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.

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 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.

Any action or lawsuit for breach of warranty must be commenced within eighteen (18) months following purchase of the

Product.

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