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128 Copyright © Nokia 2003
repair of the Product has taken or is estimated to take more than ten (10)
days.
f) If the Product is returned during the limited warranty period, but the
problem with the Product is not covered under the terms and conditions
of this limited warranty, 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 freight collect. If the Product is
returned after the expiration of the limited warranty period, Nokia’s
normal service policies shall apply and the Consumer will be responsible for
all shipping charges.
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.
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