ROKiT Enterprises Limited (“Supplier”) provides this limited warranty; references to ("Device") means Your ROKiT branded mobile telephone device and accessories made specifically for ROKiT branded mobile telephone devices, manufactured by or for Supplier or its affiliated group companies; references to (“You”) and (“Your”) means you, the purchaser of the Device. For further information on how to make a claim under this limited warranty, please refer to section 12 of these terms & conditions.
WHAT WILL SUPPLIER DO UNDER THIS WARRANTY
1. THE TERMS & CONDITIONS OF THIS LIMITED WARRANTY DO NOT AFFECT YOUR RIGHTS UNDER ANY APPLICABLE NATIONAL LAWS.
2. Supplier represents and warrants that (i) Your Device is free from material defects in design, material and workmanship arising under normal use and service, for 24 months from the original date of purchase of Your Device when brand new; and (ii) the battery is free from material defects in design, material and workmanship arising under normal use and service, for 6 months from the original date of purchase of Your Device when brand new.
3.Supplier’s obligation under this limited warranty shall be to repair or replace the Device or any components free of charge, in the event of any failure or defect covered by the limited warranty arising during the applicable warranty period, unless repair or replacement is impossible or disproportionate in relation to the cost of the Device. Supplier may at its option require You to cover shipping costs to Supplier or its authorised service centre (“Authorised Service Centre”) or authorised reseller (“Authorised Reseller”).
4. Supplier may use newly manufactured or refurbished service parts at its option to repair Your Device.
5.This limited warranty is valid in the European Economic Area in the countries within the European Economic Area where Your Device is sold. You may transfer this limited warranty to a person who has acquired the Device from you. We may require the person to whom the limited warranty is transferred to provide reasonable evidence that they are now the owner of the relevant Device, for example by providing written evidence that they have acquired the Device from You.
6. Supplier, its Authorised Resellers and Authorised Service Centres reserve the right to request proof of purchase of Your Device (e.g. a paid and dated invoice/sales receipt) showing the dealers name, model and serial number before providing any warranty confirmation.
7.Any Device or component repaired or replaced under the limited warranty shall be subject to the balance of the original warranty period applying to the Device. As regards the failures or defects which gave rise to the repair, the warranty period shall be extended for three months from the date of delivery of the repaired item as regards that failure or defects or the balance of the original warranty period, whichever is the greater. All Devices and components replaced under warranty shall become Supplier’s property.
8.This limited warranty is not applicable in cases other than material defects in design, material, and workmanship.
WHAT IS NOT COVERED BY THIS WARRANTY
9.This limited warranty does not cover the following: (a) accidental damage, improper use, or any modification, adaptation or neglect caused by You including but not limited to failure to use the Device for its usual purposes or failure to follow Supplier’s instructions for usage and maintenance or (b) wear and tear or (c) periodic maintenance or check-ups or (d) upgrading of software as a result of changes in network parameters or (e) failure of the Device due to incorrect installation or use not consistent with current technical or safety standards, or failure to follow Device quick start guides or manual instructions or (f) acts of God or any cause beyond the Supplier’s reasonable control. including but not limited to water, fire, smoke, lightning, natural disaster, public disturbances and lack of ventilation or (g) unauthorised modifications carried out on Your Device to comply with localised technical standards in countries which Your Device was not originally designed or (h) damage to the battery of Your Device caused by overcharging or failure to use the battery in accordance with any warning or care instructions for its use or (i) damage to Your Device caused by charging Your Device battery by any means other than a battery charger approved by Supplier or (j) any sealing of the battery housing or battery cells are broken or have been tampered with or (k) exposure to moisture, dampness or extreme temperatures or environmental conditions or rapid changes in these conditions or (l) food or liquid spillage or (m) cosmetic damage, including scratches, cracks, or dents to the Device. These conditions also apply to the hardware casing. If Your Device is returned after the expiry of the warranty period or in the event you claim a repair that is not covered under these terms and conditions, any of Supplier, its Authorised Reseller or Authorised Service Centre may charge You the costs of the repair.
10.You must make sure you have a full back up of Your data on external media or synchronized personal computer at Your disposal before You send back Your Device to Supplier for a warranty issue. It is Your responsibility to obtain the express consent of any individuals whose data is stored on Your Device to the transfer of that data to the Supplier or to delete that data prior to handing over Your Device for servicing, repair or replacement. Supplier shall not be held responsible for ensuring that the SIM card and/or SD card is removed from Your Device and for saving any stored data on the SIM card and/or SD card.
11.This limited warranty shall be null and void if failure of the Device or component has resulted from service, maintenance or repair (including opening of Your Device) other than by Supplier, an Authorised Reseller or Authorised Service Centre, or if the Device or component labels, serial/IMEI number, or product numbers have been removed, altered or obscured or otherwise made illegible.
HOW TO OBTAIN WARRANTY SERVICE
12. To obtain warranty service please contact Supplier using the contact details below:
13. To the maximum extent permitted by applicable law, Supplier makes no warranty or representation with respect to any pre-installed software, its quality, performance, merchantability, or fitness for a particular purpose. Nor does Supplier warrant that the functions contained in the software will meet Your specific requirements, or will operate without risk to, or loss of, any information, data, software or applications contained therein, or that the operation of the software will be uninterrupted or error free. As a result, unless otherwise stated in writing, the software is provided on an “as is” basis.
14. Except for the express warranty set out in these terms and conditions, Supplier, its Authorised Resellers or Authorised Service Centres do not offer any further warranty or guarantee for your Device. Supplier’s Authorised Resellers, Authorised Service Centres and agents are not authorised to make any modification or amendment to these terms and conditions or offer any additional warranties binding on Supplier. Supplier may modify or amend these terms and conditions from time to time at its sole discretion.
15. Supplier expressly disclaims and excludes all conditions, warranties and other terms with regard to the Device, including, but not limited to, in every case whether express or implied by statute, common law, custom, collaterally or otherwise, to the fullest extent permitted by applicable law. In particular, but without limit to the generality of the foregoing exclusion, any conditions, warranties and other terms as to ownership of any software, as to price and / or non-infringement of third party rights are excluded whether in contract or tort. Any implied warranties that may be imposed by applicable law are limited in duration, subject to such applicable law, to the term of the express limited warranty given by Supplier under these terms and conditions. Otherwise, this limited warranty is the sole and exclusive remedy provided by Supplier to You.
16. Supplier does not warrant that the operation of the Device will be uninterrupted or error free.
17. To the maximum extent permitted by applicable law, and except as provided herein in no event shall Supplier its Authorised Resellers, or Authorised Service Centres, or the manufacturer be liable for any special, consequential, incidental or punitive damages, however caused, known or unknown, anticipated or unanticipated and Supplier its Authorised Resellers, or Authorised Service Centres, or the manufacturer shall not be liable for any loss of profits, loss of sales, loss of turnover, loss of or damage to business, loss of savings or anticipated savings, loss of or damage to reputation, loss of contracts, loss of customers, loss of or loss of use of, any software or data, damages to, or loss or corruption of, records, programs, data or removable storage media including the cost of recovering such programs or data, the cost of software reconfiguration, wasted time, loss of use of the Device or cost of a substitute device, or any failure to keep data stored on the Device confidential, whether for breach of warranty, contract, strict liability, tort or otherwise arising out of or resulting from the use of or inability to use the Device and/or the enclosed materials (including any software and all written materials such as the quick start guide), even if Supplier its, Authorised Resellers, Authorised Service Centres or manufacturer, have been advised of the possibility of such damages or of any claim by any third party.
18. In any event, and to the fullest extent permitted by applicable law, any liability of Supplier and its Authorised Resellers, Authorised Service Centres or manufacturer which is not excluded shall be limited to the purchase price of the Device.
19. Nothing in this warranty attempts to exclude or reduce the Supplier's liability for personal injury or death caused by or arising from its negligence or from fraudulent misrepresentation and as otherwise required by applicable law.
20. If any term or conditions of this limited warranty is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect.
21. These terms are governed by and construed in accordance with English law and you can only bring legal proceedings in respect of this limited warranty in the English courts unless you live in Scotland in which case you can bring legal proceedings in respect of the products in either the Scottish or the English courts or you live in Northern Ireland in which case you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.