Safety
11
replacement is needed because of product malfunction or failure during normal
usage. No charge will be made to the Owner for the repair or replacement of any
such parts. Vertu will also pay for the labour charges incurred by Vertu in repairing
or replacing the defective parts. The repaired Product will be warranted for the
balance of the original warranty period. This Limited Warranty does not cover
damage to or defects in (other than manufacturing defects) appearance,
cosmetic, decorative or structural items and any non-operative parts. Vertu’s limit
of liability under the Limited Warranty shall be the price paid by the Owner for the
Product when the Owner purchased the Product as a stand alone product or, in
the event that the Owner received the Product when purchasing a Vertu cellular
phone, the then current sale price for the Product, in both cases less a reasonable
amount for usage. These remedies are the Owner’s exclusive remedies for
breach of this Limited Warranty.
3. Upon request from Vertu, the Owner must prove the date of the original purchase
or delivery of the Product by producing a legible and non-modified original
warranty card which clearly indicates the name and address of an authorised
retailer, the date and place of purchase/delivery, the product type and the IMEI or
serial number of the Product, a bill of sale or a dated receipt which contains the
same information.
4. Vertu shall bear the cost of shipping the Product to the location from which the
Owner handed over the Product to Vertu (or its representatives) after the
completion of service under this Limited Warranty.
5. The Owner shall have no coverage or benefits under this Limited Warranty if any
of the following conditions are applicable:
a) The Product has been subject to abnormal use, abnormal conditions, improper storage,
spillage of liquid, misuse, neglect, exposure to cleaning agents not recommended, or other
acts which are not the fault of Vertu, unauthorised repair, accident, alteration or other acts
which are not the fault of Vertu.
b) Vertu was not advised by the Owner in writing of the alleged defect or malfunction of the
Product within thirty (30) days after the expiration of the applicable warranty period; or
c) The Product was not returned to Vertu or its authorised retailer within thirty (30) days after
the appearance of the defect within the warranty period.
d) The defect or damage was as a result of general wear and tear incurred in normal usage of
the Product.
e) The Product is used with a product different to the one with which the Product was supplied
with by Vertu, or the Product is used with any product whose use with the Product has not
been expressly authorised by Vertu.
6. If a problem develops during the period of the Limited Warranty, the following
procedure will apply:
a) The Owner shall return the Product to the place of purchase for repair or replacement
processing or if this is not convenient because of distance (more than 50 miles/80 km) or for
other good cause, the Owner may contact Vertu Customer Service 03-6738-3955 (or +81-
3-6738-3955 from countries outside Japan).
b) The Owner 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 Owner 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 of receipt of the Product by Vertu or a Vertu authorised service centre, or within an
extended period as may be notified by Vertu to Owner 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 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 Owner will be notified and given an estimate of the charges the Owner must
pay to have the Product repaired, with all shipping charges billed to the Owner. If the
estimate is refused, the Product will be returned freight collect. If the Product is returned to
Vertu after the expiration of the warranty period, Vertu’s normal service policies shall apply
and the Owner 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
OWNER 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 ACTUAL OR 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 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.
10. 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 Owner for the Product less a reasonable
amount for usage.
11. 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
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