Nokia 3589i - 9 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.

background image

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.

background image

[ 86 ]

10

ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE
OR USE, SHALL BE LIMITED TO THE DURATION OF THE FOREGOING LIMITED 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, 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 NOKIA
KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. NOKIA SHALL NOT BE LIABLE FOR DELAY
IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, OR LOSS OF USE DURING THE
PERIOD THAT THE PRODUCT IS BEING REPAIRED.

11

Some states do not allow limitation of how long an implied warranty lasts, so the one year
warranty limitation may not apply to you (the Consumer). 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.

12

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 limited warranty including the provider or seller of any extended
warranty or service agreement.

13

This is the entire warranty between the 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.

14

This limited warranty 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.

15