Sprint Nextel PPC-6700 manual A.4 Warranty, Appendix, One Year Limited Warranty

A.4 Warranty

ONE YEAR LIMITED WARRANTY

UTStarcom Personal Communications (“UTStarcom”) warrants to the original retail purchaser (“Purchaser”) that this UTStarcom product will be free from defects in materials and workmanship under normal use for one year from the date of original purchase from UTStarcom or an UTStarcom authorized reseller. Your dated sales receipt showing the date of purchase is your proof of the purchase date.

WARRANTY LIMITATIONS

Within the first twelve (12) months from date of purchase, UTStarcom’s sole obligation under this express warranty shall be to repair or replace the defective product or parts (with new or rebuilt parts). If neither repair nor replacement is reasonably available, UTStarcom may in its sole discretion, refund to Purchaser the purchase price paid for the product.

To obtain repairs or replacement within the terms of this warranty, the product should be delivered with proof of Warranty coverage (e.g. dated bill of sale), the consumer’s return address, daytime phone number and/or fax number and complete description of the problem, transportation prepaid, to the Company at the address shown below or to the place of purchase for repair or replacement processing.

THE EXTENT OF UTSTARCOM’S LIABILITY UNDER THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT AS PROVIDED ABOVE AND, IN NO EVENT, SHALL UTSTARCOM’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY PURCHASER FOR THE PRODUCT.

Accessory products, including those listed in the applicable UTStarcom catalogue, are not covered under this Limited Warranty.

UTStarcom shall not be responsible for Purchaser’s software, firmware, information or memory data contained in, stored on, or integrated with any products returned to UTStarcom for repair, whether under warranty or not. UTStarcom is not liable for any damages caused by the product or the failure of the product to perform, including lost profits, lost savings, incidental damages or consequential damages. UTStarcom is not liable for any claim made by a third party or made by you for a third party.

This limited warranty does not apply to physical damage to the surface of the product, including breakage, cracks or scratches on the LCD or outside casing. This limited warranty also does not extend to any product from which the serial number has been removed or to any product that has been: (a) damaged or rendered defective by misuse, abuse, accident or other external causes; (b) subjected to unauthorized modifica- tion, alteration or repair; or, (c) operated in an unsuitable environment or in a manner for which it is not intended. Purchasers will be charged for all product repairs for damage or failure not covered by this limited warranty.

ANY IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY SHALL BE LIMITED TO THE DURATION OF THIS WRITTEN WARRANTY. ANY ACTION FOR BREACH OF ANY WARRANTY HEREUNDER INCLUDING ANY IMPLIED WARRANTY FO MERCHANTABILITY MUST BE BROUGHT WITHIN A PERIOD OF 24 MONTHS FROM DATE OF ORIGINAL PURCHASE. IN NO CASE SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, WHATSOEVER.

Some states or jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages for consumer products so the above exclusions or limitations may not apply to you. This Limited Warranty gives you specific legal rights, and you may also have other rights that may vary from state to state or jurisdiction to jurisdiction. You are advised to consult applicable laws for a full determination of your rights.

SOFTWARE

THIS UTSTARCOM PRODUCT MAY INCLUDE THIRD PARTY SOFTWARE, THE USE OF WHICH IS GOVERNED BY THE APPLICABLE SOFTWARE LICENSE, END-USER LICENSE OR PROGRAM LICENSE AGREEMENT. THIS LIMITED WARRANTY DOES NOT APPLY TO SUCH THIRD PARTY SOFTWARE AND SUCH SOFTWARE IS PROVIDED “AS IS”. FOR THE APPLICABLE WARRANTY, PLEASE REFER TO THE SOFTWARE LICENSE, END-USER LICENSE OR PROGRAM LICENSE GOVERNING THE USE OF SUCH SOFTWARE OR THE DOCUMENTATION ACCOMPANYING SUCH SOFTWARE.

UTStarcom does not warrant that any contained software products will meet Purchaser’s requirements or will work together with any hard- ware or software products supplied by third parties, that the software products will be error free or that software defects will be corrected.

WARRANTY SERVICE

Purchaser must contact UTStarcom within the applicable warranty period to obtain warranty service authorization. UTStarcom is not respon- sible for products or parts received without a warranty service authorization. BE SURE TO BACK UP DATA AND REMOVE ANY CONFIDENTIAL PROPRIETARY, OR PERSONAL INFORMATION BEFORE RETURNING PRODUCT FOR SERVICE. UTSTARCOM IS NOT RESPONSIBLE FOR DAMAGE TO OR LOSS OF ANY PROGRAMS, DATA OR REMOVABLE STORAGE MEDIA. Repaired or replacement products will be shipped to Purchaser at UTStarcom’s expense.

THE EXTENT OF THE COMPANY’S LIABILITY UNDER THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT PROVIDED ABOVE AND, IN NO EVENT, SHALL THE COMPANY’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY PURCHASER FOR THE PRODUCT.

ANY IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL BE LIMITED TO THE DURATION OF THIS WRITTEN WARRANTY. ANY ACTION FOR BREACH OF ANY WARRANTY MUST BE BROUGHT WITHIN A PERIOD OF 18 MONTHS FROM DATE OF ORIGINAL PURCHASE. IN NO CASE SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, WHATSOEVER. THE COMPANY SHALL NOT BE LIABLE FOR THE DELAY IN RENDERING SERVICE UNDER THIS WARRANTY OR LOSS OF USE DURING THE TIME THE PRODUCT IS BEING REPAIRED OR REPLACED.

No person or representative is authorized to assume for the Company any liability other than expressed herein in connection with the sale of this product.

Some states or provinces do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or conse- quential damage so the above limitation or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may also

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