Motorola i205 - Cell Phone - iDEN User Manual page 105

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20. NO WARRANTY (EQUIPMENT) – NEITHER
COMPANY NOR NEXTEL MAKES ANY
WARRANTIES OR REPRESENTATIONS OF ANY
KIND, STATUTORY, EXPRESS OR IMPLIED, TO
CUSTOMER OR TO ANY OTHER PURCHASER OF
THIS EQUIPMENT. WITHOUT LIMITING THE
FOREGOING, NEITHER COMPANY NOR NEXTEL
MAKES ANY EXPRESS OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
CUSTOMER HEREBY WAIVES, AS AGAINST
COMPANY AND NEXTEL ALL OTHER
WARRANTIES, GUARANTEES, CONDITIONS, OR
LIABILITIES, EXPRESS OR IMPLIED, ARISING BY
LAW OR OTHERWISE. IN NO EVENT SHALL
COMPANY, OR NEXTEL BE LIABLE FOR
CONSEQUENTIAL, SPECIAL, OR INCIDENTAL
DAMAGES, WHETHER OR NOT OCCASIONED BY
THEIR NEGLIGENCE AND INCLUDING, WITHOUT
LIMITATION, LIABILITY FOR ANY LOSS OR
DAMAGE RESULTING FROM THE INTERRUPTION
OR FAILURE IN THE OPERATION OF ANY
EQUIPMENT SOLD OR OTHERWISE PROVIDED
HEREUNDER. THERE ARE NO WARRANTIES
THAT EXTEND BEYOND THE DESCRIPTION
CONTAINED HEREIN. CUSTOMER ASSUMES
THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE EQUIPMENT. UNLESS
OTHERWISE AGREED BY COMPANY, IF THE
EQUIPMENT PROVES DEFECTIVE, THE COSTS
OF ALL NECESSARY SERVICING AND REPAIR
WILL BE BORNE BY CUSTOMER.
21. DEFINITIONS – For purposes of this Agreement:
1) "Call Credit Validity Period" means the number of
days, from the date of call credit activation until the
date of call credit expiration, set out in the relevant
rate plan; 2) "RE-BOOST Card" means the Boost
Mobile
card containing additional call credits which
TM
may be purchased from participating outlets or the
voucher number and expiration date provided to
customers when additional call credits are purchased
without a card being provided, as applicable; 3)
"Grace Period" means the 60 day period
commencing on the date of Call Credit expiration,
and ending on the date of account cancellation.
97

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