Limitation Of Nokia's Liability - Nokia Booklet 3G User Manual

24 MANUFACTURER'S LIMITED WARRANTY
the Product is not covered under the terms and conditions of
this MLW, 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 to the Consumer freight collect. If the Product is
returned after the expiration of the Warranty Period, Nokia's
normal service policies shall apply, and the Consumer will be
responsible for all shipping charges. When repairing or
replacing the Product, Nokia may use products or parts that
are new, refurbished or reprocessed. All such components
comply with Product performance and reliability
specifications.
The Product may contain country specific elements, including
software. If the Product has been re-exported from its
original destination country to another country, the Product
may contain country specific elements that are not
considered to be a defect under this MLW.
Note that any repair of the Product, the replacement of any
parts in the Product, or any other similar actions undertaken
by any other party than an authorized Nokia service partner
will, to the fullest extent permitted under applicable law, void
this MLW and any of the rights set forth herein.

Limitation of Nokia's liability

The Product is a sophisticated electronic device. Nokia
strongly encourages the Consumer to become familiar with
the user guide and instructions provided with and for the
Product. Also note that the Product might contain high
precision displays and other similar parts, which could be
scratched or otherwise damaged if not handled very carefully.
ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR
A PARTICULAR PURPOSE OF USE, SHALL BE LIMITED TO THE
DURATION OF THE FOREGOING 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, 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 THIS MLW OR LOSS OF USE
DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED.
24
Some states do not allow limitation of how long an implied
warranty lasts, so the Warranty Period may not apply. 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. This limited warranty
gives the Consumer specific legal rights, and the Consumer
may also have other rights which vary from state to state.
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 MLW, including the provider or seller of any
extended warranty or service agreement.
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.
This MLW allocates the risk of failure of the Product between
the Consumer and Nokia. The allocation is recognized by the
Consumer and is reflected in the purchase price.
Arbitration Provision. Any and all claims, disputes or
controversies of any nature whatsoever (whether in contract,
tort, or otherwise, including statutory, common law, fraud,
other intentional tort, property and equitable claims) arising
out of, relating to, or in connection with (1) this limited
warranty, (2) the relationships which result from this limited
warranty, including, to the full extent permitted by applicable
law, relationships with third parties who are not signatories
to this limited warranty or this arbitration provision or (3) the
validity, scope or enforceability of this arbitration provision
or the entire limited warranty ("Claim") shall be resolved by
arbitration, which shall be conducted pursuant to the
American Arbitration Association (the "AAA") Wireless
Industry Rules and Procedures in effect at the time the Claim
is filed. Any arbitration which you attend will take place at a
location within the federal judicial district that includes your
billing address. Upon written request, Nokia will advance to
you either all or part of the fees of the AAA and of the
arbitrator. The arbitrator will decide whether you or Nokia
will ultimately be responsible for these fees. The arbitrator
shall apply relevant, substantive law and applicable statutes
of limitation and shall provide written reasoned findings of
fact and conclusions of law. This arbitration agreement is
made pursuant to a transaction involving interstate
commerce and shall be governed by the Federal Arbitration
Act, 9 U.S.C. Sections 1, et. seq. A single arbitrator engaged in
the practice of law shall conduct the arbitration, and the
arbitrator's decision and award shall be final and binding,
and judgment upon the award may be entered in any court
having jurisdiction over this matter. All claims must be
arbitrated individually, and there will be no consolidation or
class treatment of any claims. If the foregoing class action
waiver is deemed invalid or unenforceable, this entire
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