Additional Rights Under Consumer Laws. If YOU are a consumer YOU may have legal (statutory) rights that are in addition to those set out in this Limited Warranty (such as the consumer laws of the country in which YOU live) (“Consumer Rights”). This Limited Warranty sets out certain situations when RIM will, or will not, provide a remedy for BlackBerry Device. This Limited Warranty does not limit or exclude any of YOUR Consumer Rights relating to the BlackBerry Device.
Manufacturer Warranty Coverage. This manufacturer’s Limited Warranty sets forth the warranty responsibilities of Research In Motion Limited and its affiliates (“RIM”) regarding BlackBerry branded hardware products and accessories manufactured by or on behalf of RIM (“BlackBerry Device”). RIM warrants to the original end-user purchaser of a new BlackBerry Device (“YOU”), that the BlackBerry Device will be free from defects in materials and workmanship under normal use for a period that commences on the date of original purchase by YOU and continuing for the following specified period of time for each applicable type of BlackBerry Device (the “Warranty Period“). This Limited Warranty is not transferable by YOU.
|BlackBerry Device *||Warranty Period||Who to contact for BlackBerry Device warranty support (“Warranty Contact”)|
|BlackBerry Handheld smartphone||1 year||Please contact the retailer from whom YOU purchased the BlackBerry Device on how to obtain customer support for your BlackBerry Device|
|BlackBerry P’9981 smartphone||2 years||Please contact a RIM representative – warranty contact information can be found at www.blackberry.com/gettingstarted|
|BlackBerry tablet||1 year||Please contact a RIM representative – warranty contact information can be found at www.blackberry.com/playbookwarranty|
|BlackBerry accessories that include hardware and software components, for example: Bluetooth devices, smartcard readers, and visor mount speakers||1 year||Please contact the retailer from whom YOU purchased the BlackBerry Device|
* Exceptions to the Limited Warranty for particular BlackBerry Device models, or countries, may apply – please refer to Appendix 1 of this Limited Warranty. For BlackBerry Devices refurbished by or behalf of RIM the balance of the warranty period (if any) applies to such refurbished BlackBerry Device.
During the Warranty Period, if the BlackBerry Device is found by RIM to be defective and covered under this Limited Warranty, RIM may at its absolute and sole discretion:
If the BlackBerry Device is repaired or replaced by or behalf of RIM during the Warranty Period, the Warranty Period for the repaired or replaced BlackBerry Device will expire upon the expiration of the original Warranty Period (except to the extent RIM is expressly required by law to provide YOU a longer Warranty Period for the repaired or replaced BlackBerry Device). Any warranty service or support provided by or on behalf RIM under this Limited Warranty is conditioned upon the return of YOUR BlackBerry Device to a RIM authorized service provider (as set out below under “How to Return Your BlackBerry Device”). When YOU return a BlackBerry Device under this Limited Warranty and receive a replacement BlackBerry Device, the item YOU returned becomes RIM’s property and the replacement item becomes YOURS. When a refund is provided under this Limited Warranty, YOU will return the BlackBerry Device to RIM and the returned BlackBerry Device becomes RIM’s property.
Warranty Exclusions and Limitations. This Limited Warranty does not apply (as determined by RIM):
This Limited Warranty is a hardware only warranty that is limited to the BlackBerry Device and does not cover any software shipped, pre-loaded, or distributed by RIM or any third party, even if the software is packaged or sold with the BlackBerry Device, or available for the BlackBerry Device at a later time. Software licence agreements apply to YOUR use of software associated with the BlackBerry Device. The software licence for RIM proprietary software shipped with the BlackBerry Device is described in the applicable RIM software license agreement.
Backup Your Data. YOU should regularly backup YOUR BlackBerry Device data, software, applications and information as a safeguard against possible operational issues including prior to the return of the BlackBerry Device. Data backup is YOUR responsibility and is not the responsibility of RIM, the retailer through whom You purchased the BlackBerry Device, or the authorized service providers through whom YOU received servicing, repair or replacement of the BlackBerry Device including, without limitation, data lost or damaged through the use of synchronization software. PLEASE REMOVE ANY PERIPHERALS OR MEMORY AND/OR ANY PERSONAL OR CONFIDENTIAL
INFORMATION PRIOR TO RETURNING YOUR BLACKBERRY DEVICE. DURING THE SERVICING, REPAIR OR REPLACEMENT CONTENT ON YOUR BLACKBERRY DEVICE MAY BE DELETED AND/OR REFORMATTED OR CONFIGURED AS ORIGINALLY PURCHASED (SUBJECT TO THEN CURRENT UPDATES AND UPGRADES OF SOFTWARE, WHICH IS SUBJECT TO THE BLACKBERRY SOLUTION SOFTWARE LICENSE AGREEMENT) AND ANY PERIPHERALS OR MEMORY REMOVED AND NOT RETURNED TO YOU. For clarity, this Limited Warranty does not cover the backup, recovery or reinstallation of YOUR data, software or applications to the BlackBerry Device.
How to Return Your BlackBerry Device. This Limited Warranty is provided to YOU by Research In Motion Limited. To determine if YOUR BlackBerry Device requires warranty service and to receive instructions on how to return YOUR BlackBerry Device, please contact the applicable Warranty Contact for the particular BlackBerry Device described in the table under Manufacturer Warranty Coverage above.
When contacting RIM or a RIM authorized service provider via telephone charges may apply. YOU may be required to assist in diagnosing any problem with YOUR BlackBerry Device and/or provide proof of purchase evidencing that YOU are the original purchaser of the BlackBerry Device and the date and place of original purchase. Warranty service options, response times and charges (if applicable) may differ by country. IF YOUR BLACKBERRY DEVICE IS RETURNED DURING THE WARRANTY PERIOD, BUT YOUR BLACKBERRY DEVICE IS NOT COVERED UNDER THIS LIMITED WARRANTY, TERMS AND CHARGES MAY APPLY FOR ANY REPAIR OR PROCESSING PERFORMED. IF YOU DO NOT LIVE IN THE COUNTRY WHERE THE BLACKBERRY DEVICE WAS ORIGINALLY SOLD TO YOU THEN:
NORMAL TO COMPLETE.
Exclusive Remedies. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY LAW (INCLUDING IF YOU HAVE CONSUMER RIGHTS IN ADDITION TO THIS LIMITED W ARRANTY) FROM LIMITING OR EXCLUDING YOUR REMEDIES IN RELATION TO YOUR BLACKBERRY DEVICE, THIS LIMITED WARRANTY SETS OUT YOUR EXCLUSIVE REMEDIES FOR YOUR BLACKBERRY DEVICE AND ANY OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND SHALL NOT APPLY OR HAVE ANY AFFECT.
Limitation of Liability. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY LAW (INCLUDING IF YOU HAVE CONSUMER RIGHTS IN ADDITION TO THIS LIMITED WARRANTY) OR IF A COUNTRY, STATE OR PROVINCE YOU LIVE IN DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN NO EVENT SHALL RIM OR ANYONE ACTING ON BEHALF OF OR WITH RIM (INCLUDING, WITHOUT LIMITATION, IN RELATION TO THE MANUFACTURE, SUPPLY, DISTRIBUTION, SALE, REPAIR OR RETURN OF THE BLACKBERRY DEVICE) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF INFORMATION (INCLUDING DATA), OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE BLACKBERRY DEVICE, EVEN IF RIM OR ANYONE ACTING ON BEHALF OF OR WITH RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT, CONTRACT, ON THE WARRANTY, OR UNDER ANY OTHER LEGAL THEORY. THE LIABILITY OF RIM AND ANYONE ACTING ON BEHALF OF OR WITH RIM TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS LIMITED W ARRANTY SHALL NOT EXCEED IN AGGREGATE THE NET PURCHASE PRICE YOU PAID FOR THE BLACKBERRY DEVICE OR THE COST OF REPLACING THE AFFECTED BLACKBERRY DEVICE, WHICHEVER IS GREATER. The foregoing shall not in any way restrict any liability in relation to death or bodily injury or statutory liability for intentional and gross negligent acts or omissions.
Governing Law. THE LAWS OF THE COUNTRY, STATE, PROVINCE OR JURISDICTION AS PROVIDED IN THIS PARAGRAPH SHALL GOVERN:
THE APPLICABLE LAWS OF THE COUNTRY AS SET FORTH IN THE TABLE BELOW SHALL APPLY BASED UPON WHERE YOU ARE DOMICILED AND EXCLUDE ANY BODY OF LAW GOVERNING CONFLICTS OF LAW.
DISPUTE RESOLUTION/ARBITRATION. ANY DISAGREEMENT OR DISPUTE ARISING OUT OF OR RELATING TO THIS LIMITED WARRANTY SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF ARBITRATION IN THE TABLE BELOW BASED UPON WHERE YOU ARE DOMICILED: (I) THE PLACE OF ARBITRATION SHALL BE THE ARBITRATION LOCATION AND THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE; (II) THE NUMBER OF ARBITRATORS SHALL BE ONE (1); AND (III) THE ARBITRATOR SHALL BE APPOINTED IN ACCORDANCE WITH THE SAID ARBITRATION RULES. ALL MATTERS RELATING TO ANY ARBITRATION UNDER THIS LIMITED WARRANTY SHALL BE HELD IN STRICTEST CONFIDENCE TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW. NO DISPUTE BETWEEN THE PARTIES, OR INVOLVING ANY PERSON BUT YOU, MAY BE JOINED OR COMBINED TOGETHER, WITHOUT THE PRIOR WRITTEN CONSENT OF RIM.
|Location where YOU are domiciled||Governing Law||Arbitration Rules||Arbitration Location|
|Africa||England and Wales||London Court of International Arbitration Rules||London, England|
|Asia||New York||London Court of International Arbitration Rules||New York, NY, USA|
|Europe||England and Wales||London Court of International Arbitration Rules||London, England|
|Middle East||England and Wales||London Court of International Arbitration Rules||London, England|
|North America||New York||Commercial Arbitration Rules of the American Arbitration Association||New York, NY, USA/td>|
|South America||New York||Commercial Arbitration Rules of the American Arbitration Association||New York, NY, USA|
Miscellaneous. If there is any conflict between this Limited Warranty and any other warranty provided to YOU including, without limitation, in the packaging of the BlackBerry Device, the provisions of this Limited Warranty shall be applied by RIM to the extent of such conflict. If any term, provision or sub- section of this Limited Warranty is held to be void, illegal or unenforceable, the validity or enforceability of the remainder of such term, provision or subsection and this Limited Warranty will not be affected.