15. LIMITATIONS OF SERVICE AND USE OF EQUIPMENT
Service is subject to transmission limitations caused by certain equipment and compatibility issues,
atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited,
interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed
by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar
activities necessary or proper for the operation or improvement of the Carrier’s radio telephone system.
At any time, TracFone Wireless reserves the right to substitute and/or replace any TracFone equipment
(including handsets) with other TracFone equipment including handsets of comparable quality. Some
functions and features referenced in the Manufacturer’s manual for a particular TRACFONE handset
may not be available on your TRACFONE. TracFone Wireless does not warrant or guarantee availability
of network or of any Services at any specific time or geographic location or that the Services will be
provided without interruption. Neither TracFone Wireless, nor any Carrier, shall have any liability for
Service failures, outages or limitations of Service. Because of the risk of being struck by lightning, you
should not use your TRACFONE outside during a lightning storm. You should also unplug the TRACFONE
power cord and charger to avoid electrical shock and/or fire during a lightning storm.
16. PHONE FEATURES, FUNCTIONALITY AND SPECIFICATIONS
Certain mobile phone features may not be available throughout the entire network or their functionality
may be limited. All plan rates, features, functionality and other product specifications are subject to
change without notice or obligation. Color of phones may vary. All talk and standby times are quoted in
Digital Mode and are approximate.
17. LIMITED WARRANTY
A new TracFone phone is covered by a one year limited warranty, set forth below, administered by
TracFone. A reconditioned TracFone phone also has a one year limited warranty provided by TracFone and
all TracFone accessories have a 90-day limited warranty against defects in materials and workmanship
under normal use by the purchaser. You may obtain warranty service directly from TracFone.
How to obtain Warranty Service. To obtain warranty service from TracFone on a new or reconditioned
phone or TracFone accessories, please contact Technical Support at 1-800-867-7183. If your problem
cannot be resolved over the phone, our TracFone technicians will provide you with a Ticket Number,
which you will use to send your phone and/or accessories to the designated TracFone Service Center for
repair or replacement, at TracFone’s discretion.
Terms of Limited Warranty
TracFone warrants to you, the Customer, that your TracFone cellular phone (“Product”) is free from
defects in material and workmanship that result in Product failure during normal usage, according to
the following terms and conditions:
1.
The limited warranty for the Product extends for one (1) year beginning on the date of the purchase
of the Product.
2.
The limited warranty extends only to the original purchaser (“Consumer”) of the Product and is not
assignable or transferable to any subsequent purchaser/end-user.
3.
The limited warranty extends only to Consumers who purchase the Product in its original packaging
from an authorized dealer.
4.
During the limited warranty period, TracFone will replace or repair, at TracFone’s sole option, any
defective Products or parts (except as excluded below), or any Products or parts that will not properly
operate for their intended use (except as excluded below) with new or refurbished replacement
Products or parts if such replacement or repair is needed because of Product malfunction or failure
during normal usage. TracFone may, at its sole discretion, replace the Product with a refurbished
phone of the same model if available, or if not available, of a comparable model of phone. The
limited warranty does not cover loss of personal information, passwords, contacts, music, ringtones,
pictures, videos, applications or other content, memory cards, software, defects in appearance,
cosmetic, decorative or structural items, including framing, and any non-operative parts. TracFone’s
limit of liability under this limited warranty is the actual cash value of the Product at the time the
Consumer returns the Product to TracFone for repair, determined by the price paid by the Consumer
for the Product less a reasonable amount for usage. TracFone shall not be liable for any other losses
or damages. These remedies are the Consumer’s exclusive remedies for breach of warranty.
5.
Upon request from TracFone, the Consumer must prove the date of the original purchase of the
Product by a dated bill of sale or dated itemized receipt.
6.
The Consumer shall have no coverage or benefits under this limited warranty if any of the following
conditions are applicable:
a) The Product has been subjected to abnormal use, abnormal conditions, improper storage,
exposure to moisture or dampness, unauthorized modifications, unauthorized connections,
unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts
which are not the fault of TracFone, including damage caused by shipping.
b) The Product has been damaged from external causes such as collision with an object, or from
fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather
conditions, an Act of God, or battery leakage, theft, blown fuse, or improper use of any electrical
source, damage caused by computer or internet viruses, bugs, worms, Trojan Horses, cancelbots
or damage caused by the connection to other products not recommended for interconnection
by TracFone.
c) TracFone was not advised in writing by the Consumer of the alleged defect or malfunction of the
Product within fourteen (14) days after the expiration of the applicable limited warranty period.
d) The Product serial number plate or the enhancement data code has been removed, defaced
or altered.
e) The defect or damage was caused by the defective function of the cellular system or by inadequate
signal reception by the external antenna, or viruses or other software problems introduced into
the Product.
f) The Product is outside of the one (1) year Limited Warranty period.
7.
TracFone does not warrant uninterrupted or error-free operation of the Product or service. TracFone
cannot and does not guarantee that your communications will be private or secure; it is illegal
for unauthorized people to intercept your communications, but such interceptions can occur. If
a problem develops during the limited warranty period, the Consumer shall contact TracFone
Customer Care for repair or replacement processing of the Product. TracFone shall, at its discretion,
provide a replacement product that may consist of a refurbished phone of the same model if
available, or of a comparable model.
8. 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.
9. TRACFONE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE OR USE. THE FOREGOING LIMITED WARRANTY IS THE
CONSUMER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED. TRACFONE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED