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. TracFone reserves
the right to substitute or replace any TracFone equipment (including handsets) with other TracFone
equipment of comparable quality. TracFone cannot and does not guarantee that your communications
will be private or secure. Although it is illegal for unauthorized people to intercept your communications,
such interceptions can occur. Some functions and features referenced in the Manufacturer’s manual for
a particular TRACFONE may not be available on your device. TracFone does not warrant or guarantee
availability of the network or of any Services at any specific time or geographic location or that the
Services will be provided without interruption. Neither TracFone, 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 phone outside during a lightning storm. You should also unplug your phone’s
power cord and charger to avoid electrical shock and/or fire during a lightning storm.
13. LIMITED WARRANTY: A new or reconditioned TRACFONE is covered by a one year limited
warranty, set forth below, administered by TracFone. TracFone accessories have a 90-day limited
warranty against defects in materials and workmanship under normal use by the purchaser.
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 (“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 or 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. 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 and depreciation. TracFone
shall not be liable for any other losses or damages. These remedies are the Consumer’s exclusive
remedies for breach of this limited 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 or conditions, improper storage, exposure
to moisture or dampness, unauthorized modifications, connections or repairs, 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 viruses or other software problems introduced into
the Product.
(7) TracFone does not warrant uninterrupted or error-free operation of the Product or Service.
(8) 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 BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA,
PUNITIVE DAMAGES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT,
COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE
CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY,
RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH
OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER
LEGAL OR EQUITABLE THEORY, EVEN IF TRACFONE KNEW OF THE LIKELIHOOD OF SUCH
DAMAGES. TRACFONE SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE
LIMITED WARRANTY, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS RETURNED
FOR REPLACEMENT OR WARRANTY SERVICE OR FOR THE LOSS OR UNAUTHORIZED USE
OF CUSTOMER PASSWORDS, PERSONAL INFORMATION, CONTACTS, PICTURES, VIDEOS,
APPLICATIONS, MUSIC, RINGTONES OR OTHER CONTENT.
(9) Some states do not allow the exclusion or limitation of incidental and consequential damages, so
certain of the above limitations or exclusions may not apply to you (the Consumer). This limited
warranty gives the Consumer specific legal rights and the Consumer may also have other rights
which vary from state to state.
(10) TracFone neither assumes nor authorizes any authorized service center 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.
(11) This is the entire warranty between TracFone and the Consumer, and supersedes all prior and
