Manufacturer’s Warranty

12 MONTH LIMITED WARRANTY

UTStarcom Personal Communications (the Company) warrants to the original retail purchaser of this Audiovox handheld portable cellular telephone, that should this product or any part thereof during normal consumer usage and conditions, be proven defective in material or workmanship that results in product failure within the first twelve (12) month period from the date of purchase, such defect(s) will be repaired or replaced (with new or rebuilt parts) at the Company’s option, without charge for parts or labor directly related to the defect(s).

The antenna, keypad, display, rechargeable battery and battery charger, if included, are similarly warranted for twelve (12) months from date of purchase.

This Warranty extends only to consumers who purchase the product in the United States or Canada and it is not transferable or assignable.

This Warranty does not apply to:

(a)Product subjected to abnormal use or conditions, accident, mishandling, neglect, unauthorized alteration, misuse, improper installation or repair or improper storage;

(b)Product whose mechanical serial number or electronic serial number has been removed, altered or defaced.

(c)Damage from exposure to moisture, humidity, excessive temperatures or extreme environmental conditions;

(d)Damage resulting from connection to, or use of any accessory or other product not approved or authorized by the Company;

(e)Defects in appearance, cosmetic, decorative or structural items such as framing and non-operative parts;

(f)Product damaged from external causes such as fire, flooding, dirt, sand, weather conditions, battery leakage, blown fuse, theft or improper usage of any electrical source.

The Company disclaims liability for removal or reinstallation of the product, for geographic coverage, for inadequate signal reception by the antenna or for communications range or operation of the cellular system as a whole.

When sending your wireless device to UTStarcom Personal Communications for repair or service, please note that any personal data or software stored on the device may be inadvertently erased or altered. Therefore, we strongly recommend you make a back up copy of all data and software contained on your device before submitting it for repair or service. This includes all contact lists, downloads (i.e. third-party software applications, ringtones, games and graphics) and any other data added to your device. In addition, if your wireless device utilizes a SIM or Multimedia card, please remove the card before submitting the device and store for later use when your device is returned, UTStarcom Personal Communications is not responsible for and does not guarantee restoration of any third-party software, personal information or memory data contained in, stored on, or integrated with any wireless device, whether under warranty or not, returned to UTStarcom Personal Communications for repair or service.

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. In addition, for reference to an authorized Warranty station in your area, you may telephone in the United States (800) 229-1235, and in Canada (800) 465-9672 (in Ontario call 905-712-9299).

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 LAIBILITY 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,

Warranty

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Section 4B:Warranty

Section 4B:Warranty

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UTStarcom CDM-105 warranty Manufacturer’s Warranty, Month Limited Warranty