APPENDIX
English
65
Ve r t u o n e - y e a r l i m i t e d i n t e r n a t i o n a l
w a r r a n t y f o r a c c e s s o r i e s
THIS LIMITED WARRANTY SHALL NEITHER EXCLUDE NOR
LIMIT (I) ANY MANDATORY STATUTORY RIGHTS OF THE
OWNER OR (II) ANY OF THE OWNER’S RIGHTS AGAINST THE
SELLER/DEALER OF THE PRODUCT.
Vertu (“Vertu”) warrants that this accessory product (“Product”) is
free from defects in material and workmanship, according to the
following terms and conditions:
1.
The Limited Warranty for the Product extends for ONE (1) year beginning on the
date of original purchase or delivery of the Product whichever is the later. In case of
a change of owner/user (“Owner”), such warranty period shall continue for the
remaining part of the one (1) year period.
2.
During the period of the Limited Warranty, Vertu will repair, modify or replace, at
Vertu’s sole option, any defective parts, or any parts that will not properly operate for
their intended use with new or refurbished replacement items if such repair or
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
Concierge.
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 right, which shall
continue in full force and effect except for any such invalid or unenforceable
provision or part thereof.
12. 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.
13. This Limited Warranty represents the whole agreement between the parties relating
to the subject matter hereof.
14. This Limited Warranty allocates the risk of failure of the Product between the Owner
and Vertu. The allocation is recognised by the Owner and is reflected in the
purchase price of the Product.
15. Any action or lawsuit for breach of warranty must be commenced within eighteen
(18) months following delivery of the Product.
16. All warranty information, product features and specifications are subject to change
without notice.
Vertu operates a policy of continuous development. Vertu reserves the right to
make changes and improvements to any of the products described in this
document without prior notice.Questions concerning this Limited Warranty may be
directed to the Customer Service Department at the following addresses.
If contacting us from Europe, Middle East and Africa:
Vertu
Beacon Hill Road
Church Crookham
Hampshire
GU52 8DY
United Kingdom
If calling us from the Americas:
+1 914 368 0432
If contacting us from Asia Pacific:
Vertu
391B Orchard Road
#24-02/05, Ngee Ann City, Tower B
Singapore 23887
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