TomTom Limited Warranty
19
TomTom Limit-
ed 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. 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
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, 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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