Nokia 8390 User Manual page 164

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9. The Product consists of newly assembled equipment that may contain
used components that have been reprocessed to allow machine
compliance with Product performance and reliability specifications.
10. 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. NMP SHALL NOT BE LIABLE FOR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO, LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF
SAVINGS OR REVENUE, 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 NMP
KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. NMP 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.
11. Some states do not allow limitation of how long an implied warranty
lasts, so the above 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.
12. NMP 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.
Nokia 8390 draft v1.1[ 156 ]