Appendix C: Consumer Update on Wireless Phones
156
Product with a rebuilt, reconditioned or new Product. Repaired/
replaced leather cases, pouches and holsters will be warranted
for a period of ninety (90) days. All other repaired/replaced
Product will be warranted for a period equal to the remainder of
the original Limited Warranty on the original Product or for 90
days, whichever is longer. All replaced parts, components,
boards and equipment shall become the property of SAMSUNG.
If SAMSUNG determines that any Product is not covered by this
Limited Warranty, Purchaser must pay all parts, shipping, and
labor charges for the repair or return of such Product.
What Are the Limits On SAMSUNG’s Liability?
EXCEPT
AS SET FORTH IN THE EXPRESS WARRANTY CONTAINED
HEREIN, PURCHASER TAKES THE PRODUCT “AS IS,” AND
SAMSUNG MAKES NO WARRANTY OR REPRESENTATION AND
THERE ARE NO CONDITIONS, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, OF ANY KIND WHATSOEVER WITH
RESPECT TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO:
• THE MERCHANTABILITY OF THE PRODUCT OR ITS FITNESS
FOR ANY PARTICULAR PURPOSE OR USE;
• WARRANTIES OF TITLE OR NON-INFRINGEMENT;
• DESIGN, CONDITION, QUALITY, OR PERFORMANCE OF THE
PRODUCT;
• THE WORKMANSHIP OF THE PRODUCT OR THE
COMPONENTS CONTAINED THEREIN; OR
• COMPLIANCE OF THE PRODUCT WITH THE REQUIREMENTS
OF ANY LAW, RULE, SPECIFICATION OR CONTRACT
PERTAINING THERETO.
NOTHING CONTAINED IN THE INSTRUCTION MANUAL SHALL
BE CONSTRUED TO CREATE AN EXPRESS WARRANTY OF ANY
KIND WHATSOEVER WITH RESPECT TO THE PRODUCT. ALL
IMPLIED WARRANTIES AND CONDITIONS THAT MAY ARISE BY
OPERATION OF LAW, INCLUDING IF APPLICABLE THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE HEREBY LIMITED TO THE SAME
DURATION OF TIME AS THE EXPRESS WRITTEN WARRANTY
STATED HEREIN. SOME STATES/PROVINCES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
ADDITION, SAMSUNG SHALL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND RESULTING FROM THE PURCHASE,
USE, OR MISUSE OF, OR INABILITY TO USE THE PRODUCT OR
ARISING DIRECTLY OR INDIRECTLY FROM THE USE OR LOSS
OF USE OF THE PRODUCT OR FROM THE BREACH OF THE
EXPRESS WARRANTY, INCLUDING INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR SIMILAR DAMAGES, OR LOSS OF
ANTICIPATED PROFITS OR BENEFITS, OR FOR DAMAGES
ARISING FROM ANY TORT (INCLUDING NEGLIGENCE OR
GROSS NEGLIGENCE) OR FAULT COMMITTED BY SAMSUNG, ITS
AGENTS OR EMPLOYEES, OR FOR ANY BREACH OF CONTRACT
OR FOR ANY CLAIM BROUGHT AGAINST PURCHASER BY ANY
OTHER PARTY. SOME STATES/PROVINCES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR
Appendix C: Consumer Update on Wireless Phones
157
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM
STATE TO STATE/PROVINCE TO PROVINCE. THIS LIMITED
WARRANTY SHALL NOT EXTEND TO ANYONE OTHER THAN THE
ORIGINAL PURCHASER OF THIS PRODUCT AND STATES
PURCHASER’S EXCLUSIVE REMEDY. IF ANY PORTION OF THIS
LIMITED WARRANTY IS HELD ILLEGAL OR UNENFORCEABLE BY
REASON OF ANY LAW, SUCH PARTIAL ILLEGALITY OR
UNENFORCEABILITY SHALL NOT AFFECT THE ENFORCEABILITY
FOR THE REMAINDER OF THIS LIMITED WARRANTY WHICH
PURCHASER ACKNOWLEDGES IS AND WILL ALWAYS BE
CONSTRUED TO BE LIMITED BY ITS TERMS OR AS LIMITED AS
THE LAW PERMITS.
THE PARTIES UNDERSTAND THAT THE PURCHASER MAY USE
THIRD-PARTY SOFTWARE OR EQUIPMENT IN CONJUNCTION
WITH THE PRODUCT. SAMSUNG MAKES NO WARRANTIES OR
REPRESENTATIONS AND THERE ARE NO CONDITIONS,
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE
QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR
SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR EQUIPMENT,
WHETHER SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT IS
INCLUDED WITH THE PRODUCT DISTRIBUTED BY SAMSUNG OR
OTHERWISE, INCLUDING THE ABILITY TO INTEGRATE ANY
SUCH SOFTWARE OR EQUIPMENT WITH THE PRODUCT. THE
QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND
SUITABILITY OF ANY SUCH THIRD-PARTY SOFTWARE OR
EQUIPMENT LIE SOLELY WITH THE PURCHASER AND THE
DIRECT VENDOR, OWNER OR SUPPLIER OF SUCH THIRD-PARTY
SOFTWARE OR EQUIPMENT, AS THE CASE MAY BE.
This Limited Warranty allocates risk of Product failure between
Purchaser and SAMSUNG, and SAMSUNG’s Product pricing
reflects this allocation of risk and the limitations of liability
contained in this Limited Warranty. The agents, employees,
distributors, and dealers of SAMSUNG are not authorized to
make modifications to this Limited Warranty, or make additional
warranties binding on SAMSUNG. Accordingly, additional
statements such as dealer advertising or presentation, whether
oral or written, do not constitute warranties by SAMSUNG and
should not be relied upon.
Samsung Telecommunications America, L.P.
1301 East Drive
Richardson, Texas 75082
Phone: 1-800-SAMSUNG
Phone: 1-888-987-HELP (4357)
©2004 Samsung Telecommunications America. All rights
reserved.
No reproduction in whole or in part allowed without prior written
approval.
Specifications and availability subject to change without notice.
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