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sale or a dated receipt which contains the same
information.
4. Vertu shall bear the cost of shipping the Product
to the location from which the Owner handed
over the Product to Vertu (or its representatives)
after the completion of service under this
Limited Warranty.
5. The Owner shall have no coverage or benefits
under this Limited Warranty if any of the
following conditions are applicable:
a) The Product has been subject to abnormal
use, abnormal conditions, improper storage,
spillage of liquid, misuse, neglect, exposure
to cleaning agents not recommended, or
other acts which are not the fault of Vertu,
unauthorised repair, accident, alteration or
other acts which are not the fault of Vertu.
b) The Customer Service Department at Vertu
was not advised by the Owner in writing of
the alleged defect or malfunction of the
Product within thirty (30) days after the
expiration of the applicable warranty period;
or
c) The Product was not returned to Vertu or its
authorised retailer within thirty (30) days after
the appearance of the defect within the
warranty period.
6. If a problem develops during the period of the
Limited Warranty, the following procedure will
apply:
a) The Owner 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 Owner may
contact the Customer Service Department at
Vertu for further instructions.
b) The Owner 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 Owner 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 of receipt of the Product by Vertu or
a Vertu authorised service centre, or within
an extended period as may be notified by
Vertu to Owner 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 Owner will be notified
and given an estimate of the charges the
Owner must pay to have the Product
repaired, with all shipping charges billed to
the Owner. 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 Owner 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 OWNER 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
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, SPECIAL OR
CONSEQUENTIAL DAMAGES.
d) THIRD PARTY CLAIMS
e) LOSS OF USE OF THE PRODUCT OR
ANY ASSOCIATED EQUIPMENT OR
FACILITIES
V E R T U
W A R R A N T Y
33
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