Limited Warranty

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 the Manufacturer will, or will not, provide a remedy for YOUR Mobitel Device. This Limited Warranty does not limit or exclude any of YOUR Consumer Rights relating to the Mobitel Device.

Manufacturer Warranty Coverage. This manufacturer’s Limited Warranty sets forth the warranty responsibilities of the Manufacturer regarding Mobitel branded hardware products and accessories manufactured by or on behalf of the Manufacturer(“Mobitel Device”). The Manufacturer warrants the original end-user purchaser of a new Mobitel Device (“YOU”) that the Mobitel Device will be free from defects in material and workmanship under normal use for a period of time that commences on day YOU purchase your Device and continues for the following speci ed time period for each applicable type of Mobitel Devices (the “Warranty Period”). This Limited Warranty is non-transferable.

(i) For a Mobitel handheld smartphone the Warranty Period is one (1) year*. Please contact the retailer from whom YOU

purchased the Mobitel Device on how to obtain customer support for your Mobitel Device.

(ii) For Mobitel accessories the Warranty Period is one (1) year*. Please contact the retailer from whom YOU purchased the Mobitel Device.

*The warranty period may vary depending on your country.

The warranty period continues for Mobitel Devices repaired by or on behalf of the Manufacturer.

During the Warranty Period, if the Mobitel Device is found by Manufacturer to be defective and covered under this Limited Warranty, Manufacturer may at its absolute and sole discretion:

(i) repair the defective portion of the Mobitel Device with new or reconditioned parts without any charge to YOU;

(ii) replace the defective Mobitel Device with a comparable new or refurbished product without any charge to YOU; or(iii) if the Manufacturer is unable to repair or replace the Mobitel Device as provided under (i) or (ii), refund to YOU the net purchase price YOU paid for the Mobitel Device.

If the Mobitel Device is repaired or replaced by or on behalf of the Manufacturer during the Warranty Period, the Warranty Period for the repaired or replaced Mobitel Device will expire upon the expiration of the original Warranty Period (except for the extent the Manufacturer is expressly required by law to provide YOU a longer Warranty Period for the repaired or replaced Mobitel Device). Any warranty service or support provided by or on behalf of the Manufacturer under this Limited Warranty is conditioned upon the return of YOUR Mobitel Device to a Manufacturer authorized service provider (as set out below under “How to Return Your Mobitel Device”). When YOU return a Mobitel Device under this Limited Warranty and receive a replacement Mobitel Device, the item YOU returned becomes the property of the Manufacturer and the replacement item becomes YOURS. When a refund is provided under this Limited Warranty, YOU are responsible for returning the Mobitel Devide to the Manufacturer and the returned Mobitel Device becomes the property of the Manufacturer.

Warranty Exclusions and Limitations. This Limited Warranty does not apply (as determined by Manufacturer):

(i) to consumable parts of a Mobitel Device, such as batteries and protective coating designed to diminish over time, unless the damage was caused by a defect in material or workmanship;

(ii) to normal wear and tear to a Mobitel Device;

(iii) if the Mobitel Device is opened, modi ed, or repaired by someone not authorized by the Manufacturer; (iv) if the Mobitel Device serial number, IMEI number, or other identifier has been defaced or removed;

(iv) if the Mobitel Device serial number, IMEI number, or other identifier has been defaced or removed;

(v) to a Mobitel Device where the damage, malfunction or defect is caused by and/or results from:

(a) misuse, moisture or liquids, proximity or exposure to heat, accident, abuse, neglect or misapplication;

(b) use of the Mobitel Device in conjunction with accessories, products, services, software, applications, ancillary or peripheral equipments not expressly approved or provided by the Manufacturer speci cally for use with YOUR particular model of Mobitel Device;

(d) operation or use of the Mobitel Device outside the applicable installation guide or standard end user documentation prepared and supplied by Mobitel;

(vi) to damage to the surface of the Mobitel Device, including but not limited to cracks, dents, or scratches;

(vii) any equipment, tablet or other hardware other than the Mobitel Device as defined in this Limited Warranty – for example, it does not apply to any external SIM card provided with YOUR purchase or to anything that is not Mobitel branded and manufactured by or on behalf of the Manufacturer; or

(viii) if YOU are unable to provide proof of purchase evidencing that YOU are the original purchaser of the Mobitel Device and the date and place of the original purchase.

This Limited Warranty is a hardware-only warranty that is limited to the Mobitel Device and does not cover any software shipped, pre-loaded, or distributed by the Manufacturer or any third party, even if the software is packaged or sold with the Mobitel Device, or available for the Mobitel Device at a later time. Software licence agreements apply to YOUR use of software associated with the Mobitel Device. The software licence for the Manufacturer-proprietary software shipped with the Mobitel Device is described in the applicable Manufacturer software license agreement.

Backup Your Data. YOU should regularly backup YOUR Mobitel Device data, software, applications and information as a safeguard against possible operational issues including prior to the return of the Mobitel Device. Data backup is YOUR responsibility and is not the responsibility of the Manufacturer, the retailer through whom YOU purchased the Mobitel Device, or the authorized service providers through whom YOU received servicing, repair or replacement of the Mobitel Device including, without limitation, to data loss or damage resulting from the use of synchronization softwares.

PLEASE REMOVE ANY PERIPHERALS OR MEMORY CARDS AND/OR ANY PERSONAL OR CONFIDENTIAL INFORMATION PRIOR TO RETURNING YOUR MOBITEL DEVICE. DURING SERVICING, REPAIR OR REPLACEMENT, CONTENT ON YOUR MOBITEL DEVICE MAY BE DELETED AND/OR REFORMATTED OR CONFIGURED AS ORIGINALLY PURCHASED (SUBJECTS TO UPDATES AND UPGRADES OF SOFTWARE AVAILABLE AT THE TIME) AND ANY PERIPHERALS OR MEMORY CARDS 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 Mobitel Device.

How to Return Your Mobitel Device. This Limited Warranty is provided to YOU by the Manufacturer to determine if YOUR Mobitel Device requires warranty service and to receive instructions on how to return YOUR Mobitel Device. Please contact the applicable Warranty Contact for the particular Mobitel Device described in the list under Manufacturer Warranty Coverage above.

Charges may apply when contacting the Manufacturer or a Manufacturer-authorized service provider via phone call. YOU may be required to assist in diagnosing any problems with YOUR Mobitel Device and/or provide proof of purchase evidencing that YOU are the original purchaser of the Mobitel Device and the date and place of the original purchase. Warranty service options, response times and charges (if applicable) may differ by country. IF YOUR MOBITEL DEVICE IS RETURNED DURING THE WARRANTY PERIOD, BUT YOUR MOBITEL 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 MOBITEL DEVICE WAS ORIGINALLY SOLD TO YOU THEN:

(A) WARRANTY REPAIR OR SERVICE MAY NOT BE POSSIBLE;

(B) YOU MAY BE REQUIRED TO AGREE TO TERMS AND/OR TO PAY CERTAIN COSTS (INCLUDING, BUT NOT LIMITED TO, SHIPPING AND HANDLING FEES); AND

Exclusive Remedies. EXCEPT TO THE EXTENT THAT THE MANUFACTURER IS EXPRESSLY PROHIBITED BY LAW (INCLUDING IF YOU HAVE CONSUMER RIGHTS IN ADDITION TO THIS LIMITED WARRANTY) FROM LIMITING OR EXCLUDING YOUR REMEDIES IN RELATION TO YOUR MOBITEL DEVICE, THIS LIMITED WARRANTY SETS OUT YOUR EXCLUSIVE REMEDIES FOR YOUR MOBITEL 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 THE MANUFACTURER 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 THE MANUFACTURER OR ANYONE ACTING ON BEHALF OF OR WITH THE MANUFACTURER (INCLUDING, WITHOUT LIMITATION, IN RELATION TO THE MANUFACTURING, SUPPLY, DISTRIBUTION, SALE, REPAIR OR RETURN OF THE MOBITEL 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 MOBITEL DEVICE, EVEN IF THE MANUFACTURER OR ANYONE ACTING ON BEHALF OF OR WITH THE MANUFACTURER 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 THE MANUFACTURER AND ANYONE ACTING ON BEHALF OF OR WITH THE MANUFACTURER TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS LIMITED WARRANTY SHALL NOT EXCEED THE AGGREGATE NET PURCHASE PRICE YOU PAID FOR THE MOBITEL DEVICE OR

THE COST OF REPLACING THE AFFECTED MOBITEL 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:

(A) THIS LIMITED WARRANTY AND THE INTEPRETATION, ANY BREACH AND THE VALIDITY OF THIS LIMITED WARRANTY, AND

(B) ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND THE MANUFACTURER ARISING FROM OR RELATING TO THIS LIMITED WARRANTY. THE APPLICABLE LAWS UPON WHERE YOU ARE DOMICILED SHALL APPLY 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 SHALL BE IN ACCORDANCE WITH THE RULES OF ARBITRATION IN THE COUNTRY 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 THREE (3); 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 THE MANUFACTURER.

If YOU are domiciled in Europe, Middle East, or Africa, this Limited Warranty shall be governed by the laws of England and Wales and YOU consent to arbitration located in London, England in accordance with the London Court of International Arbitration Rules. If YOU are domiciled in Asia, this Limited Warranty shall be governed by the laws of Hong Kong and YOU consent to arbitration located in Hong Kong in accordance with the Rules of Hong Kong International Arbitration Centre. If YOU are domiciled in North America or South America, this Limited Warranty shall be governed by the laws of New York and YOU consent to arbitration located in New York, NY, USA in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

Privacy. Customer information received by the Manufacturer will be used, processed, transmitted, and disclosed in accordance with the Manufacturer’s Privacy Policy (available at http://www.mobitel.uk/privancy-policy) in order to perform the warranty services described in this Limited Warranty. This may include obtaining YOUR and the Mobitel Device’s information from service providers, retailers, resellers and distributors involved in the chain of custody of the Mobitel Device upon which warranty services are performed, and transferring YOUR and the Mobitel Device’s information to Manufacturer subsidiaries and af liates or Manufacturer service providers.

Miscellaneous. If there is any con ict between this Limited Warranty and any other warranty provided to YOU including, without limitation, in the packaging of the Mobitel Device, the provisions of this Limited Warranty shall be applied by the Manufacturer to the extent of such con ict. 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.