NEC Terrain User Manual page 95

(vii) Products whose warranty/quality labels, product serial number plates or electronic serial
numbershave been removed, altered, or rendered illegible, or;
(viii) Accessory items such cases, etc., or;
(ix) Products shipped to NEC Corporation of America for repair from outside the United
States, or;
(×) Defects in appearance, cosmetic, decorative, or structural items including framing and
non- operative parts.
(b) ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED
TO THE DURATION OF THIS WARRANTY. OTHERWISE, THE FOREGOING LIMITED
WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVELIMITATION MAY NOT APPLY
TO YOU.
(c) NEC CORPORATION OF AMERICA'S TOTAL LIABILITY FOR DAMAGES FOR ANY CAUSE
RELATED TO OR ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT,
WHETHER IN CONTRACT, NEGLIGENCE, STRICT TORT, OR BASED ON ANY OTHER LEGAL
THEORY, SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PRODUCT LESS A
REASONABLE AMOUNT FOR USAGE.
(d) IN NO CASE SHALL NEC CORPORATION OF AMERICA BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED UPON BREACH OF
WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER
LEGAL THEORY. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF
PROFITS, LOSS OF SAVINGS OR REVENUES, INABILITY TO USE THE PRODUCTS OR ANY
ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT,
FACILITIES OR SERVICES, CLAIMS BY THIRD PARTIES OTHER THAN YOU, AND INJURY
TO PROPERTY. THESE LIMITATIONS DO NOT APPLY TO CLAIMS FOR PERSONAL INJURY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
(e) THE REMEDIES CONTAINED HEREIN ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR
BREACH OF WARRANTY.
7. How do you get warranty service?
If your product requires warranty service, it must be returned to a NEC Corporation of America
Distribution Center with shipping paid by You, along with a description of the Product malfunction or
difficulty. You are required to substantiate warranty status with a dated proof of purchase (as explained in
item #3), with the IMEI (International Mobile station Equipment Identity).
You may contact NEC Corporation of America by calling (800) 637-5917 to obtain the address of the
nearest NEC Corporation of America Distribution Center. NEC Corporation of America assumes no risk
for damage or loss in transit. If, in NEC Corporation of America's sole opinion, the Product failure is not
covered under this warranty, or proof of purchase does not meet the terms of this warranty, you will be
notified and your authorization will be requested for any further repair activity. Products repaired under
warranty will be returned to you, transportation prepaid. In all other cases, you will be required to pay
return shipping costs.
8. How does state law apply to this warranty?
This warranty gives you specific legal rights, and you may also have other rights which vary from state
to state.
9. This warranty is the entire agreement.
Unless modified in writing and signed by both You and NEC Corporation of America, this warranty is
understood to be the complete and exclusive agreement.
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