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LimitedWarranty_non-US.fm Page 25 Wednesday, October 11, 2006 12:46 PM
TomTo
WARRANTOR
m
limited
warrant
y
Non-U.S. and non-Canadian purchases: If you have made your purchase
outside the United States and Canada, this Limited Warranty is granted by
and this Limitation of Liability is stipulated for the benefit of TomTom
International B.V., Rembrandtplein 35, 1017 CT Amsterdam (The
Netherlands).
WHAT THIS WARRANTY COVERS
1) TomTom International B.V. ("TomTom") warrants to you that the Hardware
will be free from defects in workmanship and materials under normal use
("Defects") for a period of two (2) years from the date that the Hardware was
first purchased by you ("Warranty Period"). During the Warranty Period the
Hardware will be repaired or replaced at TomTom's choice ("Limited
Warranty") without charge to you for either parts or labour. This Limited
Warranty covers the replacement of the Hardware only. If the Hardware is
repaired after the Warranty Period has expired, the Warranty Period for the
repair will expire six (6) months after the date of repair.
WHAT THIS WARRANTY DOES NOT COVER
2) The Limited Warranty does not apply to normal wear and tear, does not
apply when the Hardware is opened or repaired by someone not authorized
by TomTom and does not cover repair or replacement of any Hardware or part
thereof damaged by: misuse, moisture, liquids, proximity or exposure to heat
and accident, abuse, non-compliance with the instructions supplied with the
Hardware, neglect or misapplication. The Limited Warranty does not cover
physical damage to the surface of the Hardware. This Limited Warranty does
not cover any software that may accompany or be installed on the Hardware.
HOW TO MAKE A WARRANTY CLAIM
3) In order to make a claim of a Defect, you must contact TomTom by email
during the Warranty Period via www.tomtom.com to explain the Defect and to
obtain an RMA number (Return Materials Authorization) if necessary. You
must return the Hardware during the Warranty Period, along with an
explanation of the Defect, to the address provided to you by TomTom. If a
defect arises and a valid claim under this Limited Warranty is received by
TomTom after the first one hundred and eighty (180) days of the Warranty
Period, TomTom is entitled to charge you for any reasonable shipping and
handling costs made in connection with the repair or replacement of the
Hardware. You must comply with any other return procedures stipulated by
TomTom, if any.
YOUR LEGAL RIGHTS
4) Some countries may not allow the exclusion or limitation of damages. If any
part of this Limited Warranty is held to be invalid or unenforceable, the
remainder of the Limited Warranty shall nonetheless remain in full force and
effect.
5) This Limited Warranty is the only express warranty made to you and is
provided in lieu of any other express warranties or similar obligations (if any)
created by any advertising, documentation, packaging, or other
communications.
6) Except for the Limited Warranty and to the maximum extent permitted by
applicable law, TomTom and its suppliers provide the Hardware "AS IS AND
WITH ALL FAULTS", and hereby disclaim all other warranties and conditions,
whether express, implied or statutory, including, but not limited to, any (if any)
implied warranties, duties or conditions of satisfactory quality, of fitness for a
TomTom limited warranty
particular purpose, of reliability or availability, of accuracy or completeness of
responses, of results, of workmanlike effort, of lack of viruses, and of
reasonable care and skill, all with regard to the Hardware, and the provision
of or failure to provide support or other services, information, software, and
related content through the Hardware or otherwise arising out of the use of the
Hardware. Also, there is no warranty or condition of quiet enjoyment, quiet
possession, or non-infringement with regard to the Hardware. This exclusion
does not apply to (i) any implied condition as to title and (ii) any implied
warranty as to conformity with description.
7) This Limited Warranty does not affect any legal rights under applicable
national legislation governing the sale of consumer goods.
8) This Limited Warranty cannot be transferred to any other person.
LIMITATION OF LIABILITY
9) Neither TomTom nor its suppliers shall be liable to you or to any third party
for any damages either direct, indirect, incidental, consequential or otherwise
(including in each case, but not limited to, damages for the inability to use the
equipment or access data, loss of data, loss of business, loss of profits,
business interruption or the like) arising out of the use of or inability to use the
Hardware even if TomTom has been advised of the possibility of such
damages.
10) Notwithstanding any damages that you might incur for any reason
whatsoever (including, without limitation, all damages referenced herein and
all direct or general damages in contract or anything else), the entire liability
of TomTom and any of its suppliers shall be limited to the amount actually paid
by you for the Hardware.
11) TomTom shall not be liable for (i) any fraud on the part of its employees
and/or agents; or (ii) any fraudulent misrepresentation on the part of its
employees and/or agents.
12) Notwithstanding the above, neither party's liability for death or personal
injury resulting from its own negligence shall be limited.
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