TomTom RIDER Handmatig - Pagina 44

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LimitedWarranty_non-US.fm Page 47 Thursday, March 1, 2007 9:09 AM

WARRANTOR

Non-U.S. and non-Canadian purchases: If you have made your

purchase outside the United States and Canada, this Limited

Warranty is granted by and this Limitation of Liability is stipulated

for the benefit of TomTom International B.V., Rembrandtplein 35,

1017 CT Amsterdam (The Netherlands).

WHAT THIS WARRANTY COVERS

1) TomTom International B.V. ("TomTom") warrants to you that the

Hardware will be free from defects in workmanship and materials

under normal use ("Defects") for a period of two (2) years 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.

HOW TO MAKE A WARRANTY CLAIM

3) In order to make a claim of a Defect, you must contact TomTom

by email during the Warranty Period 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) Some countries may not allow the exclusion or limitation of

damages. 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.

5) 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.

6) 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

TomTom limited warranty

other warranties and conditions, whether express, implied or

statutory, including, but not limited to, any (if any) implied

warranties, duties or conditions of satisfactory quality, of fitness for

a particular purpose, of reliability or availability, of accuracy or

completeness of responses, of results, of workmanlike effort, of lack

of viruses, and of 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. Also,

there is no warranty or condition of quiet enjoyment, quiet

possession, or non-infringement with regard to 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.

7) This Limited Warranty does not affect any legal rights under

applicable national legislation governing the sale of consumer

goods.

8) This Limited Warranty cannot be transferred to any other person.

LIMITATION OF LIABILITY

9) Neither TomTom nor its suppliers shall be liable to you or to any

third party for any damages either direct, indirect, incidental,

consequential or otherwise (including in each case, but not limited

to, damages for the inability to use the equipment or access data,

loss of data, loss of business, loss of profits, business interruption

or the like) arising out of the use of or inability to use the Hardware

even if TomTom has been advised of the possibility of such

damages.

10) Notwithstanding any damages that you might incur for any

reason whatsoever (including, without limitation, all damages

referenced herein and all direct or general damages in contract or

anything else), the entire liability of TomTom and any of its

suppliers shall be limited to the amount actually paid by you for the

Hardware.

11) TomTom shall not be liable for (i) any fraud on the part of its

employees and/or agents; or (ii) any fraudulent misrepresentation

on the part of its employees and/or agents.

12) Notwithstanding the above, neither party's liability for death or

personal injury resulting from its own negligence shall be limited.

TomTom limit-

ed warranty