Edinburgh_qsg_EN.book Page 9 Tuesday, December 12, 2006 3:54 PM
TomTo
WARRANTOR
m
Limited
Warran
ty
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 two (2) years 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.
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.
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,
TomTom Limited Warranty
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.
PURCHASES MADE IN OTHER COUNTRIES
If you bought this product outside of the U.S. and Canada, the limited warranty
on page 25 applies to this product.
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