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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.
6340i.ENv1_9310019.book Page 140 Thursday, July 10, 2003 3:21 PM