AT&T Impulse 4g User Guide
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76 Ap b) External causes such as from collision, fire, flooding, sand, dirt, windstorm, lightning, or earthquake; c) Exposure to extreme weather conditions, Acts of God, theft, blown fuse, or improper use of any electrical source; d) Computer or internet viruses, bugs, worms, Trojan Horses, cancelbots; e) Use with non-Huawei products or products not recommended for use with Huawei products; f) normal wear and tear of the equipment; g) Usage of equipment other than its normal and customary manner; h) Improper testing, operation, maintenance, installation, or any alteration or modification of Product; i) Consumable parts, such as batteries, unless damage has occurred due to a defect in Huawei materials and workmanship; j) Service performed by anyone who is not a Huawei representative or an authorized Huawei service provider; k) Other acts which are not the fault of Huawei, including damage caused by shipping; l) Cosmetic damages, including but not limited to dents or scratches in decorative, structural, or non-operative parts resulting from normal customer use; m) Spillage of food or liquid, corrosion, rust or incorrect voltage; and n) The defective function of the cellular system or inadequate signal reception by the external antenna, or viruses or other software problems introduced into the Product. 8. Huawei does not warrant that the operation of this product will be uninterrupted or error-free. 9. This warranty will also be null and void in any of the following events: a) The serial number or warranty seal on the equipment has been altered, defaced or removed; b) Any term contained in this warranty has been altered or modified in any way without prior written consent of Huawei; c) Huawei has not been notified by Purchaser of the alleged defect or malfunction of the Product during the applicable warranty period. 10. If Product is returned to Huawei after the expiration of the warranty period,
77 Ap Huawei's normal service policies shall apply and Purchaser will be charged accordingly. a) Huawei assumes no obligation or liability beyond that which is expressly provided for in this limited warranty. b) All warranty information, pricing, product features and specifications are subject to change. 11. This limited warranty provides Purchasers sole and exclusive remedy to be provided by Huawei. The agents, employees, distributors, and dealers of Huawei products are not authorized to make modifications to this limited warranty, or make additional warranties binding on Huawei. LIMIT OF LIABILITY 12. HUAWEIS LIMIT OF LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE THE ACTUAL CASH VALUE OF THE PRODUCT AT THE TIME PURCHASER RETURNS THE PRODUCT FOR REPAIR, AS DETERMINED BY THE PRICE PAID BY THE PURCHASER FOR THE PRODUCT LESS A REASONABLE AMOUNT OF USAGE. HUAWEI SHALL NOT BE LIABLE FOR ANY OTHER LOSSES OR DAMAGES SUCH AS SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, ANY COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA, ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT, THE CLAIMS OF ANY THIRD PARTIES, INCLUDING SUBSEQUENT PURCHASERS, AND INJURY TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THIS WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF HUAWEI KNEW OF THE LIKELIHOOD OF SUCH DAMAGES). HUAWEI SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED. DISCLAIMER OF WARRANTY
78 Ap 13. HUAWEIS LIABILITY UNDER EITHER THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED TO THE DURATION OF THE FOREGOING LIMITED WRITTEN WARRANTY. OTHERWISE, THE FOREGOING LIMITED WARRANTY IS PURCHASERS SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. 14. Some states do not allow exclusion or limitation of incidental, consequential, or punitive damages, or permit limitations on the length of implied warranties, so certain of these warranty limitations may not apply to Purchaser. This limited warranty gives Purchaser specific legal rights; Purchaser may also have other rights which vary from state to state. If any term of this limited warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. 15. This limited warranty allocates risk of Product failure between Purchaser and Huawei, and Huaweis Product pricing reflects this allocation of risk and the limitations of liability contained in this limited warranty. Contact Huawei WEB SIT E: HTTP://WWW.HUAWEIDEVICE.COM EMAIL: [email protected] * This contact information may change without notice. Please contact your authorized Huawei retailer for updated contact information. * By selecting a rate plan and activating your phone, you agree to AT&Ts Terms of Service and AT&Ts Wireless Data Service Terms and Conditions available at www.att.com/termsofservice . V100R001_01 31111036