Limited warranty
7
Limited war-
ranty
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.
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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