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 surlace
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.
62
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
Iii) 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.
111
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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