DRAFT FEBRUARY 06
19
of distance (more than 50 miles/80 km) or for
other good cause, the Client may contact Vertu
Concierge.
b) The Client shall bear the costs of transporting
the Product to the relevant Vertu service
location, with transport and insurance charges
prepaid.
c) Subject to Clause 6(e), the Client will be billed
for any parts or labour charges not covered by
this Limited Warranty.
d) Vertu will repair or authorise the repair of the
Product under the Limited Warranty within
30 days after receipt of the Product by Vertu or
a Vertu authorised service centre, or within an
extended period as may be notified by Vertu to
Client due to the nature of the repair
(“Timeframe”). If Vertu cannot repair within the
Timeframe, or after a reasonable number of
attempts to repair the same defect, Vertu at its
sole option, will provide a replacement Product
or refund the purchase price of the Product less
a reasonable amount for usage.
e) If the Product is returned to the Customer
Service Department at Vertu during the period
of the Limited Warranty, but the problem with
the Product is not covered under the terms and
conditions of this Limited Warranty, the Client
will be notified and given an estimate of the
charges the Client must pay to have the
Product repaired, with all shipping charges
billed to the Client. If the estimate is refused, the
Product will be returned freight collect. If the
Product is returned to the Customer Service
Department at Vertu after the expiration of the
warranty period, Vertu’s normal service policies
shall apply and the Client will be responsible for
all shipping charges.
7. TO THE FULLEST EXTENT PERMITTED BY
LAW, THE WARRANTIES AND CONDITIONS
STATED IN THIS LIMITED WARRANTY ARE IN
LIEU OF ALL OTHER CONDITIONS,
WARRANTIES OR OTHER TERMS
CONCERNING THE SUPPLY OR PURPORTED
SUPPLY OF, OR FAILURE TO SUPPLY OR
DELAY IN SUPPLYING THE PRODUCT WHICH
MIGHT, BUT FOR THE AFFECT OF THIS
CLAUSE 7, HAVE EFFECT BETWEEN VERTU
AND THE CLIENT OR WOULD OTHERWISE
BE IMPLIED OR INCORPORATED INTO THIS
LIMITED WARRANTY OR ANY COLLATERAL
CONTRACT, WHETHER BY STATUTE,
COMMON LAW OR OTHERWISE, ALL OF
WHICH ARE HEREBY EXCLUDED
(INCLUDING WITHOUT LIMITATION, THE
IMPLIED CONDITIONS, WARRANTIES OR
OTHER TERMS AS TO SATISFACTORY
QUALITY OR FITNESS FOR PURPOSE).
8. VERTU SHALL NOT BE LIABLE FOR LOSS OR
DAMAGE, WHETHER SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL,
INCLUDING BUT NOT LIMITED TO ANY OF
THE FOLLOWING LOSSES OR DAMAGE
(WHETHER SUCH LOSSES OR DAMAGE
WERE FORESEEN, FORESEEABLE, KNOWN
OR OTHERWISE):
a) LOSS OF ANTICIPATED BENEFITS OR
PROFITS.
b) LOSS OF ACTUAL OR ANTICIPATED
SAVINGS.
c) PUNITIVE, SPECIAL OR CONSEQUENTIAL
DAMAGES.
d) THIRD PARTY CLAIMS.
e) LOSS OF USE OF THE PRODUCT OR ANY
ASSOCIATED EQUIPMENT OR FACILITIES.
f) DOWNTIME OR LOSS OF BUSINESS.
g) LOSS OF OPPORTUNITY.
h) LOSS OF GOODWILL.
i) LOSS OF REPUTATION.
j) LOSS OF OR DAMAGE TO OR
CORRUPTION OF DATA.
9. Vertu does not warrant uninterrupted or error free
internet or data connections.
10. Vertu shall not be liable for any delay in rendering
service under the Limited Warranty, or loss of use
during the period that the Product is being
repaired.
11. Vertu’s total liability in contract, tort (including
negligence or breach of statutory duty),
misrepresentation or otherwise, arising in
connection with the sale of the Product shall be the
price paid by the Client for the Product less a
reasonable amount for usage.
12. The invalidity or unenforceability of any term or any
part of any term of, or any right arising pursuant to,
this Limited Warranty shall not affect the validity or
enforceability of any other terms or rights or the
remainder of any such term or right, which shall
continue in full force and effect except for any such
invalid or unenforceable provision or part thereof.
13. Vertu neither assumes nor authorises any
authorised service centre 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 provider or seller of
any extended warranty or service agreement. Any
change or amendment to this Limited Warranty
requires Vertu’s prior written consent.
14. This Limited Warranty represents the whole
agreement between the parties relating to the
subject matter hereof.
15. This Limited Warranty allocates the risk of failure of
the Product between the Client and Vertu. The
allocation is recognised by the Client and is
reflected in the purchase price of the Product.
16. Any action or lawsuit for breach of warranty must
be commenced within thirty (30) months following
delivery of the Product.
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