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6. If a problem develops during the period of the Limited
Warranty, the following procedure will apply:
a) The Client shall return the Product to the place of
purchase for repair or replacement processing or
if this is not convenient because of distance
(more than 50 miles/80 km) or for other good
cause, the Client may contact Vertu Concierge.
b) The Client shall bear the costs of transporting the
Product to the relevant Vertu service location,
with transport and insurance charges prepaid.
c) Subject to Clause 6(e), the Client will be billed
for any parts or labour charges not covered by
this Limited Warranty.
d) Vertu will repair or authorise the repair of the
Product under the Limited Warranty within
30 days after receipt of the Product by Vertu or a
Vertu authorised service centre, or within an
extended period as may be notified by Vertu to
Client due to the nature of the repair
("Timeframe"). If Vertu cannot repair within the
Timeframe, or after a reasonable number of
attempts to repair the same defect, Vertu at its
sole option, will provide a replacement Product or
refund the purchase price of the Product less a
reasonable amount for usage.
e) If the Product is returned to the Customer
Service Department at Vertu during the period of
the Limited Warranty, but the problem with the
Product is not covered under the terms and
conditions of this Limited Warranty, the Client will
be notified and given an estimate of the charges
the Client must pay to have the Product repaired,
with all shipping charges billed to the Client. If
the estimate is refused, the Product will be
returned freight collect. If the Product is returned
to the Customer Service Department at Vertu
after the expiration of the warranty period, Vertu's
normal service policies shall apply and the Client
will be responsible for all shipping charges.
7. TO THE FULLEST EXTENT PERMITTED BY LAW,
THE WARRANTIES AND CONDITIONS STATED
IN THIS LIMITED WARRANTY ARE IN LIEU OF
ALL OTHER CONDITIONS, WARRANTIES OR
OTHER TERMS CONCERNING THE SUPPLY OR
PURPORTED SUPPLY OF, OR FAILURE TO
SUPPLY OR DELAY IN SUPPLYING THE
PRODUCT WHICH MIGHT, BUT FOR THE
AFFECT OF THIS CLAUSE 7, HAVE EFFECT
BETWEEN VERTU AND THE CLIENT OR WOULD
OTHERWISE BE IMPLIED OR INCORPORATED
INTO THIS LIMITED WARRANTY OR ANY
COLLATERAL CONTRACT, WHETHER BY
STATUTE, COMMON LAW OR OTHERWISE, ALL
OF WHICH ARE HEREBY EXCLUDED
(INCLUDING WITHOUT LIMITATION, THE
IMPLIED CONDITIONS, WARRANTIES OR
OTHER TERMS AS TO SATISFACTORY QUALITY
OR FITNESS FOR PURPOSE).
8. VERTU SHALL NOT BE LIABLE FOR LOSS OR
DAMAGE, WHETHER SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL, INCLUDING
BUT NOT LIMITED TO ANY OF THE FOLLOWING
W A R R A N T Y
V E R T U
LOSSES OR DAMAGE (WHETHER SUCH
LOSSES OR DAMAGE WERE FORESEEN,
FORESEEABLE, KNOWN OR OTHERWISE):
a) LOSS OF ANTICIPATED BENEFITS OR
PROFITS.
b) LOSS OF ACTUAL OR ANTICIPATED
SAVINGS.
c) PUNITIVE DAMAGES.
d) THIRD PARTY CLAIMS.
e) LOSS OF USE OF THE PRODUCT OR ANY
ASSOCIATED EQUIPMENT OR FACILITIES.
f) DOWNTIME OR LOSS OF BUSINESS.
g) LOSS OF OPPORTUNITY.
h) LOSS OF GOODWILL.
i)
LOSS OF REPUTATION.
j)
LOSS OF OR DAMAGE TO OR CORRUPTION
OF DATA.
9. Vertu does not warrant uninterrupted or error free
internet or data connections.
10. Vertu shall not be liable for any delay in rendering
service under the Limited Warranty, or loss of use
during the period that the Product is being repaired.
11. Vertu's total liability in contract, tort (including
negligence or breach of statutory duty),
misrepresentation or otherwise, arising in connection
with the sale of the Product shall be the price paid by
the Client for the Product less a reasonable amount
for usage.
12. The invalidity or unenforceability of any term or any
part of any term of, or any right arising pursuant to,
this Limited Warranty shall not affect the validity or
enforceability of any other terms or rights or the
remainder of any such term or right, which shall
continue in full force and effect except for any such
invalid or unenforceable provision or part thereof.
13. Vertu neither assumes nor authorises any authorised
service centre 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. Any change
or amendment to this Limited Warranty requires
Vertu's prior written consent.
14. This Limited Warranty represents the whole
agreement between the parties relating to the subject
matter hereof.
15. This Limited Warranty allocates the risk of failure of
the Product between the Client and Vertu. The
allocation is recognised by the Client and is reflected
in the purchase price of the Product.
16. Any action or lawsuit for breach of warranty must be
commenced within thirty (30) months following
delivery of the Product.
17. All warranty information, product features and
specifications are subject to change without notice.
18. Questions concerning this Limited Warranty may be
directed to the Customer Service Department at a
Vertu Regional Office.
7-8
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