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")
fo~
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
d~es
not cover physical damage to the surface
of
the Hardware. This
Limited Warranty does notcover any software that 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
aft~r
the first one.hund.red 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
warran~y
mad~
t~
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 availab.ility,
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
~quipm.ent
o~
access
~ata,
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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