Manufacturer’s Limited Warranty
HMD Global Oy (hereinafter “Manufacturer”) provides this Manufacturer’s Limited Warranty (“Warranty”) for each genuine device (the “Product”) and related Accessories (as defined in Section 2) included with the Product sales package designated for sale in the United States of America and Canada.
This Warranty is only applicable in the country where the Product was purchased through Manufacturer’s authorized sales channels, provided that the Product was intended for sale in that country (“Covered Country”). The warranty services available in a particular Covered Country may be limited to the Products and country-specific elements available for sale in that Covered Country.
IF YOU LIVE IN (OR IF A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE UNITED STATES, SECTION 6 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE A DISPUTE WITH MANUFACTURER.
PLEASE READ IT.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR BY PROVINCE TO PROVINCE OR COUNTRY. ALL PARTS OF THIS WARRANTY APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OR UNLESS PROHIBITED BY LAW.
The Product and its Accessories must be used in accordance with the instructions provided in the user guides and leaflets that come in the Product package and are also available online. From time to time the Manufacturer may offer additional warranty coverage that supplements the terms listed here. To learn more about your Product and any additional coverage, please visit www.nokia.com/mobile-support.
The Warranty period starts on the date the Product is sold to an end user for the first time, as evidenced by the original proof of purchase.
A. The Manufacturer warrants that the Product (including non-user replaceable batteries) is free from defects in materials and workmanship (“Defect”) for twelve (12) months.
B. The Manufacturer warrants that the Accessories (defined as user-replaceable batteries, covers, cables, chargers, headsets and any other accessory included in the sales package) are free from Defect for six (6) months.
During the Warranty period, the Manufacturer or its authorized service center will, in a reasonable time, remedy the Defect free of charge by either repairing or replacing the defective Product or Accessory or the defective part of it at its option, provided that you have returned the defective Product or Accessory to the Manufacturer or its authorized service center before the Warranty period has expired. When repairing or replacing your Product or Accessory, the Manufacturer may use new or re-conditioned parts or provide a refurbished replacement Product or Accessory except where the use of such re-conditioned parts or refurbished Product or Accessory is prohibited by local law. In case local law requires the end user to be informed about the use of re-conditioned parts or refurbished Products or Accessories, this Warranty document constitutes the necessary notice in that regard. In case local law requires consent from the end user for the use of re-conditioned parts or refurbished Products or Accessories, then such parts or Products or Accessories will not be used until such consent has been obtained.
To the fullest extent permitted by applicable law:
(i) No repair or replacement will renew or extend the Warranty period except that replacement parts or replacement Product or accessories provided under this Warranty will be covered by this Warranty for the remainder of the original Warranty period or for ninety (90) days from the date repaired or from when replacement Product or accessory is returned to you, whichever is longer;
(ii) IF YOUR APPLICABLE STATE OR PROVINCIAL LAW GIVES YOU ANY IMPLIED WARRANTY, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ITS DURATION IS LIMITED TO THE WARRANTY PERIOD. Some States or Provinces do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to You; and
(iii) Where the Product, Accessory or parts of a Product or Accessory have been replaced, the original Product, parts, or Accessories shall become the Manufacturer’s property.
Please always back up all data, programs, applications, and content stored on your Product before taking your Product in for service since service activities will erase all data from your Product. Remove any confidential information prior to submitting your Product for service.
Manufacturer and its authorized service centers are not responsible for the loss the of your data, programs, applications, or content.
For further information on your Warranty, please visit www.nokia.com/mobile-support for instructions on how to request repair service and the addresses of the authorized service centers.
3. What this Warranty does not cover
This Warranty excludes all of the following:
(i) Errors or damages caused by:
(a) exposure to liquid or dampness (unless the Product is declared to be water-resistant under certain conditions as specified by the Manufacturer), damage caused by exposure to extreme electromagnetic field (such as damages caused by microwave oven), or extreme thermal or environmental conditions or to rapid changes in such conditions, corrosion, oxidation, spillage of food or liquid, or influence from chemical products;
(b) physical damage, cracks, dents or scratches caused by a drop or by external forces impacting the Product or any part of the Product including but not limited to the cover, display, camera lenses and buttons (unless specified otherwise by the Manufacturer under certain conditions);
(c) using your Product with, or connecting it to, any product, accessory, software, or service not manufactured, authorized, or supplied by Manufacturer; or chargers, power adaptors or data cables which do not meet the required technical and safety specifications described in the user guide;
(d) any third-party products sold in combination with your Product;
(e) damage or errors caused by hacking, cracking, viruses, or other malware, or by unauthorized access to services, accounts, computer systems, or networks;
(f) power outages or surges capable of affecting the normal use of the Product; or
(g) other acts beyond the Manufacturer’s reasonable control.
(ii) Any wear and tear;
(iii) Use of your Product in a manner that does not comply with its intended use and the provisions of the user guide;
(iv) If your Product, has been opened, repaired or modified by non-authorized third parties, or repaired using unauthorized spare parts;
(v) If you have not installed the latest software updates that are publicly available for your Product within a reasonable time of their release.
Manufacturer does not warrant that software preinstalled by or on behalf of Manufacturer in the Product (or subsequent updates and upgrades) (together “Manufacturer Software”) will meet your requirements, work in combination with any hardware or software not provided by Manufacturer, be uninterrupted or error free or that errors are correctable or will be corrected. For Manufacturer Software-related errors, Manufacturer will make available the latest version of the Manufacturer Software for reinstallation on your Product or, if that would not be possible, another remedy, which in Manufacturer’s reasonable discretion, satisfactorily addresses the error. Some Manufacturer Software may be subject to separate license terms that are available with the software.
This Warranty is not valid outside of the Covered Country and does not cover: (a) User guides; (b) Any third party software, settings, content, data, or links installed or downloaded onto your Product at any time, or Manufacturer and third-party services or enabling clients even if preinstalled by Manufacturer (please read the terms and conditions that may accompany the services as those will define your rights and obligations); (c) Reduced charging capacity of the battery resulting from its natural end of Product life, or pixel defects in your Product’s display that are within the scope of industry standards; (d) SIM card and/or any cellular or other networks or system on which your Product operates, and (e) A Product where the serial number, the mobile accessory date code, or the IMEI number has been removed, erased, defaced, altered or if these are illegible in any way.
You cannot enforce this Warranty if you refuse to give possession of the Product to Manufacturer for repair and investigation.
If this Warranty does not cover your Product or Accessory based on the above, Manufacturer reserves the right to charge for the repair or replacement of your Product or Accessory following your consent, as well charging a handling fee.
4. Limitation of Manufacturer’s liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW(S), MANUFACTURER SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY
(i) DAMAGES OR LOSSES OF ANY KIND WHATSOEVER RESULTING FROM OR RELATING TO LOSS OF, DAMAGE TO, OR CORRUPTION OF, CONTENT OR DATA OR THE RECREATION OR TRANSFER THEREOF EVEN IF SUCH LOSS, DAMAGE, OR CORRUPTION WAS A RESULT OF A DEFECT IN YOUR PRODUCT OR ACCESSORY; AND/OR
(ii) LOSS OF PROFIT, USE, PRODUCTIVITY, BUSINESS, CONTRACTS, REVENUES OR ANTICIPATED SAVINGS, INCREASED COSTS OR EXPENSES, OR FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGE.
To the extent permitted by applicable law, Manufacturer’s liability shall be limited to the purchase value of your Product or Accessory, as applicable.
Choice of law
The laws of the State or Province where you live (or if a business, or the location of a principal place of business) govern the interpretation of this Warranty, any claim that Manufacturer has breached it, and all other claims (including consumer protection, unfair competition, implied Warranty, and tort claims), regardless of conflict of law principles, except that the US Federal Arbitration Act governs arbitration.
Binding arbitration and class action waiver if you live in (or if a business with a principal place of business located in) the United States
This section applies to any dispute EXCEPT DISPUTES RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, YOUR LICENSOR’S, MANUFACTURER’S, OR MANUFACTURER’S LICENSOR’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action or other controversy between you and Manufacturer concerning the Product, Accessory (including its price) or this Warranty, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
(i) Notice of Dispute. In the event of a dispute, you or Manufacturer must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to HMD America, Inc., Attn: Dispute Notice, 1200 Brickell Avenue, Suite 510, Miami, FL 33131. Manufacturer will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your e-mail address. You and Manufacturer will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Manufacturer may commence arbitration.
(ii) Small Claims Court. You may also litigate any dispute in small claims court in your county of residence (or if a business, the location of your principal place of business), if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
(iii) Binding Arbitration. If you and Manufacturer do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by individual binding arbitration governed by the Federal Arbitration Act (“FAA”). Class arbitrations are not permitted. You are giving up the right to litigate disputes in court before a judge or jury (or participate as a party or class member). Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
(iv) Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Manufacturer will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
(v) Arbitration Procedure. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. If you are an individual and use the Product or Accessory for personal or household use, or if the value of the dispute is $75,000 USD or less whether or not you are an individual or how you use the Product or Accessory, the AAA’s Consumer Arbitration Rules will apply. For more information, see www.adr.org or call 1-800-778-7879. To commence arbitration, send a request to HMD America, Inc., Attn: Dispute Notice, 1200 Brickell Avenue, Suite 510, Miami, FL 33131. You agree to commence arbitration only in your county of residence (or if a business, the county where your principal place of business is located). Manufacturer agrees to commence arbitration only in your county of residence (or if a business, the county where your principal place of business is located). You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 USD or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
(vi) Arbitration Fees and Payments.
(a) Disputes Involving $75,000 USD or Less. Manufacturer will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject Manufacturer’s last written settlement offer made before the arbitrator was appointed (“Manufacturer’s last written offer”), and your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than Manufacturer’s last written offer, Manufacturer will:
(i) pay the greater of the award or $1,000 USD;
(ii) pay your reasonable attorney’s fees, if any; and
(iii) reimburse any out of pocket expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and Manufacturer agree on them.
(b) Disputes Involving More Than $75,000 USD. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
(c) Disputes Involving Any Amount. In any arbitration you commence, Manufacturer will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Manufacturer commences, Manufacturer will pay all filing, AAA, and arbitrator’s fees and expenses. Manufacturer will not seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.
(vii) Conflict with AAA Rules. This Warranty governs to the extent it conflicts with AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
(viii) Claims or Disputes Must Be Filed Within One Year. To the extent permitted by law, any claim or dispute to which Section 6 applies must be filed within one year in small claims court, an arbitration proceeding, or in court, if Section 6 permits the dispute to be filed in court instead of arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If such a claim or dispute is not filed within one year, it is permanently barred.
(ix) Severability. If the class action waiver in this Section is found to be illegal or unenforceable as to all or some parts of a dispute, then Section 6 will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of Section 6 is found to be illegal or unenforceable, that provision will be severed with the remainder of this Section 6 remaining in full force and effect.
7. Other important notices
Manufacturer reserves the right to make changes to the location and availability of its authorized service centers network at any time.
Your Product may contain specific elements which may not operate as intended when used outside of the original country of purchase.
HMD Global Oy, Bertel Jungin aukio 9, 02600 Espoo, Finland
United States: HMD America, Inc., 1200 Brickell Avenue, Suite 510, Miami, FL 33131.
Canada: HMD America, Inc., 1200 Brickell Avenue, Suite 510, Miami, FL 33131.
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