STANDARD LIMITED WARRANTY
What is Covered and For How Long? SMOKEYTOAST TELECOMMUNICATIONS AMERICA, L.P. (“SMOKEYTOAST”)
warrants to the original purchaser (“Purchaser”) that SMOKEYTOAST’s Phones and accessories (“Products”) are free from
defects in material and workmanship under normal use and service for the period commencing upon the date of
purchase and continuing for the following specified period of time after that date:
Phone
1 Year
Batteries
1 Year
Leather Case/Pouch/Holster
90 Days
Game Pad
90 Days
Other Phone Accessories
1 Year
What is Not Covered? This Limited Warranty is conditioned upon proper use of Product by Purchaser. This Limited
Warranty does not cover: (a) defects or damage resulting from accident, misuse, abuse, neglect, unusual physical,
electrical or electromechanical stress, or modification of any part of Product, including antenna, or cosmetic damage; (b)
equipment that has the serial number removed or made illegible; (c) any plastic surfaces or other externally exposed parts
that are scratched or damaged due to normal use; (d) malfunctions resulting from the use of Product in conjunction with
accessories, products, or ancillary/peripheral equipment not furnished or approved by SMOKEYTOAST; (e) defects or damage
from improper testing, operation, maintenance, installation, or adjustment; (f) installation, maintenance, and service of
Product, or (g) Product used or purchased outside the United States or Canada. This Limited Warranty covers batteries
only if battery capacity falls below 80% of rated capacity or the battery leaks, and this Limited Warranty does not cover
any battery if (i) the battery has been charged by a battery charger not specified or approved by SMOKEYTOAST for charging
the battery, (ii) any of the seals on the battery are broken or show evidence of tampering, or (iii) the battery has been used
in equipment other than the SMOKEYTOAST phone for which it is specified.
What are SMOKEYTOAST’s Obligations? During the applicable warranty period, SMOKEYTOAST will repair or replace, at
SMOKEYTOAST’s sole option, without charge to Purchaser, any defective component part of Product. To obtain service
under this Limited Warranty, Purchaser must return Product to an authorized phone service facility in an adequate
container for shipping, accompanied by Purchaser’s sales receipt or comparable substitute proof of sale showing the date
of purchase, the serial number of Product and the sellers’ name and address. To obtain assistance on where to deliver the
Product, call SmokeyToast Customer Care. Upon receipt, SMOKEYTOAST will promptly repair or replace
the defective Product. SMOKEYTOAST may, at SMOKEYTOAST’s sole option, use rebuilt, reconditioned, or new parts or
components when repairing any Product or replace Product with a rebuilt, reconditioned or new Product. Repaired/
replaced leather cases, pouches and holsters will be warranted for a period of ninety (90) days. All other repaired/
replaced Product will be warranted for a period equal to the remainder of the original Limited Warranty on the original
Product or for 90 days, whichever is longer. All replaced parts, components, boards and equipment shall become the
property of SMOKEYTOAST. If SMOKEYTOAST determines that any Product is not covered by this Limited Warranty, Purchaser
must pay all parts, shipping, and labor charges for the repair or return of such Product.
What Are the Limits On SMOKEYTOAST’s Liability? EXCEPT AS SET FORTH IN THE EXPRESS WARRANTY
CONTAINED HEREIN, PURCHASER TAKES THE PRODUCT “AS IS,” AND SMOKEYTOAST MAKES NO WARRANTY
OR REPRESENTATION AND THERE ARE NO CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, OF ANY KIND WHATSOEVER WITH RESPECT TO THE PRODUCT, INCLUDING BUT NOT
LIMITED TO:
·
THE MERCHANTABILITY OF THE PRODUCT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE
OR USE;
·
WARRANTIES OF TITLE OR NON-INFRINGEMENT;
·
DESIGN, CONDITION, QUALITY, OR PERFORMANCE OF THE PRODUCT;
·
THE WORKMANSHIP OF THE PRODUCT OR THE COMPONENTS CONTAINED THEREIN; OR
·
COMPLIANCE OF THE PRODUCT WITH THE REQUIREMENTS OF ANY LAW, RULE,
SPECIFICATION OR CONTRACT PERTAINING THERETO.
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NOTHING CONTAINED IN THE INSTRUCTION MANUAL SHALL BE CONSTRUED TO CREATE AN EXPRESS
WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE PRODUCT. ALL IMPLIED WARRANTIES
AND CONDITIONS THAT MAY ARISE BY OPERATION OF LAW, INCLUDING IF APPLICABLE THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY LIMITED
TOTHE SAME DURATION OF TIME AS THE EXPRESS WRITTEN WARRANTY STATED HEREIN. SOME STATES/
PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLYTOYOU. IN ADDITION, SMOKEYTOAST SHALL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND RESULTING FROM THE PURCHASE, USE, OR MISUSE OF, OR INABILITYTO USE THE PRODUCT
OR ARISING DIRECTLY OR INDIRECTLY FROM THE USE OR LOSS OF USE OF THE PRODUCT OR FROM
THE BREACH OF THE EXPRESS WARRANTY, INCLUDING INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
SIMILAR DAMAGES, OR LOSS OF ANTICIPATED PROFITS OR BENEFITS, OR FOR DAMAGES ARISING FROM
ANY TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE) OR FAULT COMMITTED BY SMOKEYTOAST,
ITS AGENTS OR EMPLOYEES, OR FOR ANY BREACH OF CONTRACT OR FOR ANY CLAIM BROUGHT AGAINST
PURCHASER BY ANY OTHER PARTY. SOME STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH
VARY FROM STATE TO STATE/PROVINCE TO PROVINCE. THIS LIMITED WARRANTY SHALL NOT EXTEND
TO ANYONE OTHER THAN THE ORIGINAL PURCHASER OF THIS PRODUCT AND STATES PURCHASER’S
EXCLUSIVE REMEDY. IF ANY PORTION OF THIS LIMITED WARRANTY IS HELD ILLEGAL OR
UNENFORCEABLE BY REASON OF ANY LAW, SUCH PARTIAL ILLEGALITY OR UNENFORCEABILITY SHALL
NOT AFFECT THE ENFORCEABILITY FOR THE REMAINDER OF THIS LIMITED WARRANTY WHICH
PURCHASER ACKNOWLEDGES IS AND WILL ALWAYS BE CONSTRUED TO BE LIMITED BY ITS TERMS OR AS
LIMITED AS THE LAW PERMITS.
THE PARTIES UNDERSTAND THAT THE PURCHASER MAY USE THIRD-PARTY SOFTWARE OR EQUIPMENT
IN CONJUNCTION WITH THE PRODUCT. SMOKEYTOAST MAKES NO WARRANTIES OR REPRESENTATIONS
AND THERE ARE NO CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE
QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF ANY THIRD-PARTY SOFTWARE
OR EQUIPMENT, WHETHER SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE
PRODUCT DISTRIBUTED BY SMOKEYTOAST OR OTHERWISE, INCLUDING THE ABILITY TO INTEGRATE ANY
SUCH SOFTWARE OR EQUIPMENT WITH THE PRODUCT. THE QUALITY, CAPABILITIES, OPERATIONS,
PERFORMANCE AND SUITABILITY OF ANY SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT LIE SOLELY
WITH THE PURCHASER AND THE DIRECT VENDOR, OWNER OR SUPPLIER OF SUCH THIRD-PARTY
SOFTWARE OR EQUIPMENT, AS THE CASE MAY BE.
This Limited Warranty allocates risk of Product failure between Purchaser and SMOKEYTOAST, and SMOKEYTOAST’s Product
pricing reflects this allocation of risk and the limitations of liability contained in this Limited Warranty. The agents,
employees, distributors, and dealers of SMOKEYTOAST are not authorized to make modifications to this Limited Warranty, or
make additional warranties binding on SMOKEYTOAST. Accordingly, additional statements such as dealer advertising or
presentation, whether oral or written, do not constitute warranties by SMOKEYTOAST and should not be relied upon.
SmokeyToast Telecommunications America, L.P.
©2004 SmokeyToast Telecommunications America. All rights reserved.
No reproduction in whole or in part allowed without prior written approval.
Specifications and availability subject to change without notice.

