Nokia E70 User Manual page 113

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the Product has taken or is estimated to take
more than ten (10) days.
f)
If the Product is returned during the limited
warranty period, but the problem with the
Product is not covered under the terms and
conditions of this limited warranty, the
Consumer will be notified and given an estimate
of the charges the Consumer must pay to have
the Product repaired, with all shipping charges
billed to the Consumer. If the estimate is refused,
the Product will be returned freight collect. If the
Product is returned after the expiration of the
limited warranty period, Nokia's normal service
policies shall apply and the Consumer will be
responsible for all shipping charges.
9. You (the Consumer) understand that the product may
consist of refurbished equipment that contains used
components, some of which have been reprocessed.
The used components comply 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. NOKIA SHALL NOT
BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF ANTICIPATED BENEFITS OR
PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA,
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
NOKIA KNEW OF THE LIKELIHOOD OF SUCH DAMAGES.
NOKIA 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 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. Nokia 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.
13. This is the entire warranty between Nokia and the
Consumer, and supersedes all prior and
contemporaneous agreements or understandings,
oral or written, relating to the Product, and no
representation, promise or condition not contained
herein shall modify these terms.
113

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