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testing, administrative and transport costs and charges based on
the current rates charged by the provider for the provision of the
individual services;
b) it is found that the claimed defect is a defect that is not covered
under the warranty conditions (see the aforementioned
exceptions and limitations), the customer will be obliged to pay
the costs of repair.
2.7 Neither Customers nor Vendors may open the product for
purposes other than the insertion of a SIM card, memory cards or
the battery. The warranty does not cover any damage to the
product resulting from it being opened for other than the
aforementioned purpose.
3. Resulting damages
3.1 With the exception of the cases described directly in these
warranty conditions and in the maximum possible extent
permitted by valid legislation, Coolpad renounces itself of
responsibility for direct, special, random or resulting damages,
which are the result of a breach of these warranty conditions or
other conditions set forth by law, amongst others including
responsibility for losses resulting from the inability to use the
product, loss of income, loss of real or expected profits (amongst
other including losses of contractual profits); losses resulting from
the inability to utilise the invested funds for other purposes;
losses resulting from expected savings, losses resulting from the
inability to carry out business activity, missed opportunities, injury
to good name and reputation, disruption or damage to data, direct
and subsequent losses or damages however arisen, furthermore
responsibility for the costs expended with respect to the
replacement of property or equipment, costs of the restoration,
programming or copying or programs or data stored or utilised in
Coolpad products or losses arisen due to the inability to secure
the required level of protection or confidentiality of data stored in
the product. The aforementioned limitations do not apply to rights
raised in relation to injury or death of persons and likewise to
legal responsibility and obligation for intentional and negligent
behaviour and/or omissions. Coolpad hereby rejects to provide
any warranty guaranteeing that it will always be able to repair
every product within the scope of this warranty or to replace it
without the risk of damage or loss of programs or data.
4. Data backup
4.1 Prior to sending the product for the purposes of a warranty
repair, it is the full responsibility of the Customer to arrange for
the backup of data stored in the product or to remove from the
memory of the product potentially sensitive data or confidential
information. Likewise, the Customer is obliged to deactivate any
security passwords.
4.2 Within the scope of the warranty service, the product‘s data
contents will be deleted and memory media will be formatted.
4.3 A replacement product will be provided to the Customer in the
42


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