TomTom Limited Warranty
WARRANTOR
U.S. and Canadian Purchases: If
you
have made
your
purchase in
the United States
or
Canada, this Limited Warranty is granted
by
and this Limitation
of
Liability is stipulated for the benefit
of
TomTom
Inc., 150 Baker Avenue Extension, Concord
Massachusetts 01742 (United States
of
America).
WHAT THIS WARRANTY COVERS
1)
TomTom
Inc.
("TomTom")
warrants to the original purchaser
("you")
of
the hardware with
which
this Limited Warranty is
included ("Hardware") that the Hardware will be free
from
defects in
workmanship and materials under
normal
use ("Defects") for a
period
of
one
(1)
year
from
the date that the Hardware was first
purchased
by
you ("Warranty Period"). During the Warranty Period
the Hardware
will
be repaired
or
replaced at
TomTom's
choice
("Limited Warranty")
without
charge
to
you for either parts
or
labour. This Limited Warranty covers the replacement
of
the
Hardware only. Ifthe Hardware is repaired after the Warranty Period
has expired, the Warranty Period
for
the repair will expire six
(6)
months
after the date
of
repair.
WHAT
THIS WARRANTY DOES
NOT
COVER
2)
The Limited Warranty does not apply to normal wear and tear,
does
not
apply
when
the Hardware is opened or repaired
by
someone not authorized
by
TomTom
and does
not
cover repair or
replacement
of
any Hardware
or
part
thereof
damaged by: misuse,
moisture, liquids,
proximity
or exposure to heat and accident,
abuse, non-compliance
with
the instructions supplied
with
the
Hardware, neglect
or
misapplication, The Limited Warranty does
not
cover physical damage to the surface
of
the Hardware. This
Limited Warranty does
not
cover any softwarethat may
accompany
or be installed on the Hardware. The Limited Warranty does
not
cover the installation, removal
or
maintenance
of
the Hardware or
any costs related herewith.
HOW TO MAKE A WARRANTY CLAIM
3)
In
order
to make a claim
of
a Defect, you must contact
TomTom
during
the Warranty Period at: 1-978-287-9555 or per email via
www.tomtom.com
to explain the Defect and to obtain an RMA
number
(Return Materials Authorization)
if
necessary. You
must
return the Hardware during the Warranty Period, along with
an
explanation
of
the Defect, to the address provided to you
by
TomTom.
If a defect arises and a valid claim under this Limited
Warranty is received
by
TomTom
after the first one hundred and
eighty (180) days
of
the Warranty Period.
TomTom
is
entitled to
charge you
for
any reasonable shipping and handling costs
made
in
connection
with
the repair
or
replacement
of
the Hardware. You
must
comply
with
any
other
return procedures stipulated by
TomTom,
if any.
YOUR LEGAL RIGHTS
4)
This Limited Warranty gives you specific legal rights, and you
may
also have
other
rights which vary
from
state to state and
jurisdiction to jurisdiction.
5)
If any part
of
this Limited Warranty is held to be invalid
or
unenforceable, the remainder
of
the Limited Warranty shall
nonetheless remain in full force and effect.
21
6)
This Limited Warranty is the
only
express warranty made to you
and is provided in lieu
of
any other express warranties
or
similar
obligations (if any) created
by
any advertising, documentation,
packaging, or other communications.
7)
Except for the Limited Warranty and
to
the
maximum
extent
permitted
by
applicable law,
TomTom
and its suppliers provide
the
Hardware "AS
IS
AND WITH ALL FAULTS", and hereby disclaim all
other
warranties and conditions,
whether
express, implied or
statutory, including,
but
not limited to, any (if any) implied
warranties, duties or conditions of: merchantability, non-
infringement,
quiet
enjoyment, system integration, satisfactory
quality, fitness
for
a particular purpose, reliability
or
availability,
accuracy or completeness
of
responses, results, workmanlike
effort, lack
of
viruses, and reasonable care and skill, all with regard
to the Hardware, and the provision
of
or failure to provide
support
or
other
services, information, software, and related content
through
the Hardware or otherwise arising out
of
the use
of
the
Hardware. This exclusion does not apply to
(i)
any implied condition
as
to
title and
(ii)
any
implied
warranty
as
to
conformity
with
description. If applicable
law
requires any implied warranties
with
respect to the Hardware, all such warranties are limited in duration
to ninety (90) days, Some states and/or jurisdictions
do
not
allow
limitations on
how
long
an
implied
warranty lasts, so the above
may
not
apply
to you.
8)
This Limited Warranty cannot be transferred to
any
other person.
LIMITATION
OF
LIABILITY
9)
Neither
TomTom
nor
its suppliers shall be liable to you or to any
third party for any indirect, incidental, consequential. special
or
exemplary damages (including in each case, but
not
limited to,
damages for the inability to use the
equipment
or
access data, loss
of
data, loss
of
business,loss
of
profits, business interruption
or
the
like) arising out
of
the use
of
or
inability to use the Hardware even
if
TomTom
has been advised
of
the possibility
of
such damages.
10)
Notwithstanding any damages that you
might
incur
for
any
reason whatsoever (including,
without
limitation, all damages
referenced herein and all direct
or
general damages in contract
or
anything else), the entire liability
of
TomTom
and any
of
its
suppliers shall be limited to the
amount
actually paid
by
you for the
Hardware.
11)
Notwithstanding
the above, neither party's liability
for
death
or
personal injury resulting
from
its
own
negligence shall be limited.
12)
Some
states and/or jurisdictions
do
not
allow
the exclusion
or
limitation
of
incidental
or
consequential damages, so the above
limitations or exclusions
may
not
apply to you.
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