TomTom RIDER Manual page 44

LimitedWarranty_non-US.fm Page 47 Thursday, March 1, 2007 9:09 AM
WARRANTOR
Non-U.S. and non-Canadian purchases: If you have made your
purchase outside the United States and Canada, this Limited
Warranty is granted by and this Limitation of Liability is stipulated
for the benefit of TomTom International B.V., Rembrandtplein 35,
1017 CT Amsterdam (The Netherlands).
WHAT THIS WARRANTY COVERS
1) TomTom International B.V. ("TomTom") warrants to you that the
Hardware will be free from defects in workmanship and materials
under normal use ("Defects") for a period of two (2) years from the
date that the Hardware was first purchased by you ("Warranty
Period"). During the Warranty Period the Hardware will be repaired
or replaced at TomTom's choice ("Limited Warranty") without
charge to you for either parts or labour. This Limited Warranty
covers the replacement of the Hardware only. If the Hardware is
repaired after the Warranty Period has expired, the Warranty Period
for the repair will expire six (6) months after the date of repair.
WHAT THIS WARRANTY DOES NOT COVER
2) The Limited Warranty does not apply to normal wear and tear,
does not apply when the Hardware is opened or repaired by
someone not authorized by TomTom and does not cover repair or
replacement of any Hardware or part thereof damaged by: misuse,
moisture, liquids, proximity or exposure to heat and accident,
abuse, non-compliance with the instructions supplied with the
Hardware, neglect or misapplication. The Limited Warranty does
not cover physical damage to the surface of the Hardware. This
Limited Warranty does not cover any software that may accompany
or be installed on the Hardware.
HOW TO MAKE A WARRANTY CLAIM
3) In order to make a claim of a Defect, you must contact TomTom
by email during the Warranty Period via www.tomtom.com to
explain the Defect and to obtain an RMA number (Return Materials
Authorization) if necessary. You must return the Hardware during
the Warranty Period, along with an explanation of the Defect, to the
address provided to you by TomTom. If a defect arises and a valid
claim under this Limited Warranty is received by TomTom after the
first one hundred and eighty (180) days of the Warranty Period,
TomTom is entitled to charge you for any reasonable shipping and
handling costs made in connection with the repair or replacement
of the Hardware. You must comply with any other return
procedures stipulated by TomTom, if any.
YOUR LEGAL RIGHTS
4) Some countries may not allow the exclusion or limitation of
damages. If any part of this Limited Warranty is held to be invalid or
unenforceable, the remainder of the Limited Warranty shall
nonetheless remain in full force and effect.
5) This Limited Warranty is the only express warranty made to you
and is provided in lieu of any other express warranties or similar
obligations (if any) created by any advertising, documentation,
packaging, or other communications.
6) Except for the Limited Warranty and to the maximum extent
permitted by applicable law, TomTom and its suppliers provide the
Hardware "AS IS AND WITH ALL FAULTS", and hereby disclaim all
TomTom limited warranty
other warranties and conditions, whether express, implied or
statutory, including, but not limited to, any (if any) implied
warranties, duties or conditions of satisfactory quality, of fitness for
a particular purpose, of reliability or availability, of accuracy or
completeness of responses, of results, of workmanlike effort, of lack
of viruses, and of reasonable care and skill, all with regard to the
Hardware, and the provision of or failure to provide support or other
services, information, software, and related content through the
Hardware or otherwise arising out of the use of the Hardware. Also,
there is no warranty or condition of quiet enjoyment, quiet
possession, or non-infringement with regard to the Hardware. This
exclusion does not apply to (i) any implied condition as to title and
(ii) any implied warranty as to conformity with description.
7) This Limited Warranty does not affect any legal rights under
applicable national legislation governing the sale of consumer
goods.
8) This Limited Warranty cannot be transferred to any other person.
LIMITATION OF LIABILITY
9) Neither TomTom nor its suppliers shall be liable to you or to any
third party for any damages either direct, indirect, incidental,
consequential or otherwise (including in each case, but not limited
to, damages for the inability to use the equipment or access data,
loss of data, loss of business, loss of profits, business interruption
or the like) arising out of the use of or inability to use the Hardware
even if TomTom has been advised of the possibility of such
damages.
10) Notwithstanding any damages that you might incur for any
reason whatsoever (including, without limitation, all damages
referenced herein and all direct or general damages in contract or
anything else), the entire liability of TomTom and any of its
suppliers shall be limited to the amount actually paid by you for the
Hardware.
11) TomTom shall not be liable for (i) any fraud on the part of its
employees and/or agents; or (ii) any fraudulent misrepresentation
on the part of its employees and/or agents.
12) Notwithstanding the above, neither party's liability for death or
personal injury resulting from its own negligence shall be limited.
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