Australien

Australien
TomTom
Limited Warranty specifically for Australia
WARRANTOR
This Limited Warranty applies to purchases made in Australia only. It 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. Please refer to
www.tomtom.com for more contact information. You can reach our customer support at
phone number 1300 135604, Mon – Fri 9.00 am – 5.30 am.
Our goods come with guarantees that cannot be excluded under the Australian
Consumer Law. You are entitled to a replacement or refund for a major failure and for
compensation for any other reasonably foreseeable loss or damage. You are also
entitled to have the goods repaired or replaced if the goods fail to be of acceptable
quality and the failure does not amount to a major failure.
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
one (1) year 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. The Limited Warranty does not cover the installation, removal or maintenance
of the Hardware or any costs related herewith.
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 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 noninfringement 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 International B.V. November 2011
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