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a) The Product has been subject to abnormal use, abnormal conditions, improper storage,
exposure to moisture or dampness, spillage of food or liquid, exposure to chemical
agents, unauthorised modifications, unauthorised connections, unauthorised repair,
rough handling, misuse, neglect, abuse, accident, alteration, improper installation, or
other acts which are not the fault of Vertu, including without limitation damage caused by
shipping, dropping the Product, deterioration of consumable parts (whose limited
warranty is set forth below), such as batteries which by their nature have a limited
lifecycle, and breakage or damage to antennas.
b) The Product has been damaged from external causes such as collision with an object, or
from fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure
to thermal, environmental or weather conditions, an Act of God, or battery leakage, theft,
blown fuse, or improper use of any electrical source, damage caused by computer or
internet viruses, bugs, worms, Trojan Horses, cancel bots or damage caused by the
connection to other products not recommended for interconnection by Vertu.
c) Vertu was not advised by the Owner in writing of the alleged defect or malfunction of the
Product within thirty (30) days after the expiration of the applicable warranty period.
d) The Product was not returned to Vertu or its authorised retailer within thirty (30) days
after the appearance of the defect within the warranty period.
e) The Product serial number plate or the accessory data code has been removed,
defaced, altered or is illegible.
f) The defect or damage was caused by the defective function of the cellular network
system or by inadequate signal reception by the external antenna.
g) The defect was caused by the Product being used with or connected to an accessory
not manufactured and supplied by Vertu or used other than for its intended use.
h) The battery was short-circuited or the seals of the battery enclosure or cells are broken
or show evidence of tampering or the battery was used in equipment other than that for
which it has been specified.
i) The Product software needs to be updated due to changes in cellular network
parameters.
j) The defect or damage was as a result of general wear and tear incurred in normal usage
of the Product.
6. If a problem develops during the period of the Limited Warranty, the
following procedure will apply:
a) The Owner shall return the Product to the place of purchase for repair or replacement
processing or if this is not convenient because of distance (more than 50 miles/80 km)
or for other good cause, the Owner may contact Vertu Concierge.
b) The Owner shall bear the costs of transporting the Product to the relevant Vertu service
location, with transport and insurance charges prepaid.
c) Subject to Clause 6(e), the Owner will be billed for any parts or labour charges not
covered by this Limited Warranty.
d) Vertu will repair or authorise the repair of the Product under the Limited Warranty within
30 days after receipt of the Product by Vertu or a Vertu authorised service centre, or
within an extended period as may be notified by Vertu to Owner due to the nature of the
repair ("Timeframe"). If Vertu cannot repair within the Timeframe, or after a reasonable
number of attempts to repair the same defect, Vertu at its sole option, will provide a
replacement Product or refund the purchase price of the Product less a reasonable
amount for usage.
e) If the Product is returned to Vertu during the period of the Limited Warranty, but the
problem with the Product is not covered under the terms and conditions of this Limited
Warranty, the Owner will be notified and given an estimate of the charges the Owner
must pay to have the Product repaired, with all shipping charges billed to the Owner. If
the estimate is refused, the Product will be returned freight collect. If the Product is
returned to Vertu after the expiration of the warranty period, Vertu's normal service
policies shall apply and the Owner will be responsible for all shipping charges.
7. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WARRANTIES
AND CONDITIONS STATED IN THIS LIMITED WARRANTY ARE IN
28
LIEU OF ALL OTHER CONDITIONS, WARRANTIES OR OTHER
TERMS CONCERNING THE SUPPLY OR PURPORTED SUPPLY OF,
OR FAILURE TO SUPPLY OR DELAY IN SUPPLYING THE PRODUCT
WHICH MIGHT, BUT FOR THE AFFECT OF THIS CLAUSE 7, HAVE
EFFECT BETWEEN VERTU AND THE CLIENT OR WOULD
OTHERWISE BE IMPLIED OR INCORPORATED INTO THIS LIMITED
WARRANTY OR ANY COLLATERAL CONTRACT, WHETHER BY
STATUTE, COMMON LAW OR OTHERWISE, ALL OF WHICH ARE
HEREBY EXCLUDED (INCLUDING WITHOUT LIMITATION, THE
IMPLIED CONDITIONS, WARRANTIES OR OTHER TERMS AS TO
SATISFACTORY QUALITY OR FITNESS FOR PURPOSE).
8. VERTU SHALL NOT BE LIABLE FOR LOSS OR DAMAGE, WHETHER
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING
BUT NOT LIMITED TO ANY OF THE FOLLOWING LOSSES OR
DAMAGE (WHETHER SUCH LOSSES OR DAMAGE WERE
FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE):
a) LOSS OF ACTUAL OR ANTICIPATED BENEFITS OR PROFITS.
b) LOSS OF ACTUAL OR ANTICIPATED SAVINGS.
c) PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES.
d) THIRD PARTY CLAIMS.
e) LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT OR
FACILITIES.
f) DOWNTIME OR LOSS OF BUSINESS.
g) LOSS OF OPPORTUNITY.
h) LOSS OF GOODWILL.
i) LOSS OF REPUTATION.
j) LOSS OF OR DAMAGE TO OR CORRUPTION OF DATA.
9. Vertu does not warrant uninterrupted or error free internet or data
connections.
10. Vertu shall not be liable for any delay in rendering service under the Limited
Warranty, or loss of use during the period that the Product is being
repaired.
11. Vertu's total liability in contract, tort (including negligence or breach of
statutory duty), misrepresentation or otherwise, arising in connection with
the sale of the Product shall be the price paid by the Owner for the Product
less a reasonable amount for usage.
12. The invalidity or unenforceability of any term or any part of any term of, or any
right arising pursuant to, this Limited Warranty shall not affect the validity or
enforceability of any other terms or rights or the remainder of any such term
or right, which shall continue in full force and effect except for any such
invalid or unenforceable provision or part thereof.
English
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