[ 206 ]f) If the Product is returned during the limited warranty period, butthe problem with the Product is not covered under the terms andconditions of this limited warranty, the Consumer will be notifiedand given an estimate of the charges the Consumer must pay tohave the Product repaired, with all shipping charges billed to theConsumer. If the estimate is refused, the Product will be returnedfreight collect. If the Product is returned after the expiration ofthe limited warranty period, Nokia’s normal service policies shallapply and the Consumer will be responsible for all shipping charges.9 YOU (THE CONSUMER) UNDERSTAND THAT THE PRODUCT MAYCONSIST OF REFURBISHED EQUIPMENT THAT CONTAINS USEDCOMPONENTS, SOME OF WHICH HAVE BEEN REPROCESSED. The usedcomponents comply with Product performance and reliabilityspecifications.10 ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR APARTICULAR PURPOSE OR USE, SHALL BE LIMITED TO THE DURATIONOF THE FOREGOING LIMITED WRITTEN WARRANTY. OTHERWISE, THEFOREGOING LIMITED WARRANTY IS THE CONSUMER’S SOLE ANDEXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED. NOKIA SHALL NOT BE LIABLE FOR SPECIAL,INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDINGBUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS,LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, PUNITIVE DAMAGES,LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT,COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT ORFACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD PARTIES,INCLUDING CUSTOMERS, AND INJURY TO PROPERTY, RESULTINGFROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROMBREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE,STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IFNOKIA KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. NOKIA SHALLNOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THELIMITED WARRANTY, OR LOSS OF USE DURING THE PERIOD THAT THEPRODUCT IS BEING REPAIRED.
