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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: 1-866-486-6866 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
