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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.
6. If a problem develops during the period of the
Limited Warranty, the following procedure will
apply:
a) The Client 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 Client
may contact Vertu Concierge.
b) The Client 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 Client 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 Client 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 the Customer
Service Department at 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 Client will be notified
and given an estimate of the charges the
Client must pay to have the Product
repaired, with all shipping charges billed to
the Client. If the estimate is refused, the
Product will be returned freight collect. If the
Product is returned to the Customer
Service Department at Vertu after the
expiration of the warranty period, Vertu's
normal service policies shall apply and the
Client 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 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 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.
V E R T U
W A R R A N T Y
31
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