Huawei NET10 Service Manual page 19

TERMS AND CONDITIONS OF SERVICE
b) The Product has been damaged from external causes such as collision with an object, or from
fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather
conditions, an Act of God, or battery leakage, theft, blown fuse, or improper use of any electrical
source, damage caused by computer or internet viruses, bugs, worms, Trojan Horses, cancelbots
or damage caused by the connection to other products not recommended for interconnection
by NET10.
c) NET10 was not advised in writing by the Consumer of the alleged defect or malfunction of the
Product within fourteen (14) days after the expiration of the applicable limited warranty period.
d) The Product serial number plate or the enhancement data code has been removed, defaced
or altered.
e) The defect or damage was caused by the defective function of the cellular system or by
inadequate signal reception by the external antenna, or viruses or other software problems
introduced into the Product.
f) The Product is outside of the one (1) year Limited Warranty period.
7. NET10 Wireless does not warrant uninterrupted or error-free operation of the Product or service.
NET10 cannot and does not guarantee that your communications will be private or secure; it
is illegal for unauthorized people to intercept your communications, but such interceptions
can occur. If a problem develops during the limited warranty period, the Consumer shall
contact Customer Care for repair or replacement processing of the Product. NET10 shall, at
its discretion, provide a replacement Product that may consist of refurbished Equipment of the
same model if available, or of a comparable model.
8. 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.
9. NET10 EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE OR USE. THE FOREGOING LIMITED WARRANTY
IS THE CONSUMER'S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED. NET10 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 NET10 KNEW OF THE LIKELIHOOD
OF SUCH DAMAGES. NET10 SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE
UNDER THE LIMITED WARRANTY, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT
IS RETURNED FOR REPLACEMENT OR WARRANTY SERVICE OR FOR THE LOSS OR
UNAUTHORIZED USE OF CUSTOMER PASSWORDS, PERSONAL INFORMATION, CONTACTS,
PICTURES, VIDEOS, APPLICATIONS, MUSIC, RINGTONES OR OTHER CONTENT.
TERMS AND CONDITIONS OF SERVICE
10. 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.
11. NET10 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.
12. This is the entire warranty between NET10 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.
13. This limited warranty allocates the risk of failure of the Product between the Consumer and
NET10. The allocation is recognized by the Consumer and is reflected in the purchase price.
NET10 is a registered trademark of TracFone Wireless, Inc. a subsidiary of América Móvil
® ®
(NYSE: AMX).
© 2013 TracFone Wireless, Inc. Updated 02/19/2013
03/2013