TomTom
limited
warranty
WARRANTOR
Non-U.S. and non-Canadian purchases: If you have
made
your
purchase outside the United States and Canada, this Limited
Warranty is granted by and this Limitation
of
Liability is stipulated
for
the benefit
of
TomTom
International B.v., Rembrandtplein 35,
1017
CT
Amsterdam
(The Netherlands).
WHAT THIS WARRANTY COVERS
1)
TomTom
International
B.V.
("TomTom")
warrants
to
you
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.
If
the 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 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
by
email
during
the
Warranty Period 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)
Some
countries may not
allow
the
exclusion
or
limitation
of
damages. 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.
5)
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.
63
6)
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
satisfactory quality,
of
fitness
for
a particular purpose,
of
reliability
or
availability,
of
accuracy or
completeness
of
responses,
of
results,
of
workmanlike
effort,
of
lack
of
viruses, and
of
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. Also,
there is no warranty
or
condition
of
quiet
enjoyment,
quiet
possession,
or
non-infringement
with
regard
to
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.
7) This Limited Warranty does
not
affect any legal rights under
applicable national legislation
governing
the sale
of
consumer
goods.
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 damages either direct, indirect, incidental,
consequential
or
otherwise (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}
TomTom
shall
not
be liable
for
(i)
any fraud on the part
of
its
employees and/or agents;
or
(ii) any fraudulent misrepresentation
on the part
of
its
employees
and/or
agents.
12)
Notwithstanding the above,
neither
party's liability
for
death or
personal
injury
resulting
from
its
own
negligence shall be limited.
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