LIMITED WARRANTY (PLAYBOOK) Mandatory Statutory Rights.

LIMITED WARRANTY (PLAYBOOK) Mandatory  Statutory  Rights.
LIMITED WARRANTY (PLAYBOOK)
Mandatory Statutory Rights. This Limited Warranty sets forth Research In Motion Limited, whose
registered office is at 295 Phillip Street, Waterloo, Ontario, N2L 3W8, Canada and its affiliated group of
companies (“RIM”)’s responsibilities regarding the BlackBerry PlayBook. To the extent RIM cannot
lawfully disclaim any applicable implied or statutory rights relating to the BlackBerry PlayBook, nothing in
this Limited Warranty affects such rights. As a consumer, you are protected by the consumer protection laws
and regulations in your country of domicile; therefore certain limitations in this warranty may not apply to
you.
Warranty. RIM warrants to the original end-user purchaser of a new BlackBerry PlayBook (“YOU”), that
the BlackBerry PlayBook hardware manufactured by or on behalf of RIM will be free from defects
(including any hidden defects) in materials and workmanship under normal use for a period that concludes
one (1) year from the date that the BlackBerry PlayBook was originally purchased YOU (the “Warranty
Period”). This Limited Warranty is not transferable by YOU. This Limited Warranty is enforceable in the
country where YOU are domiciled. During the Warranty Period, if the BlackBerry PlayBook hardware is
found by RIM to be defective, RIM may at its option: (i) repair the defective portion of the BlackBerry
PlayBook hardware without charge to YOU with new or refurbished parts; (ii) replace the defective
BlackBerry PlayBook hardware with a comparable new or refurbished product; or (iii) in the event that it is
impossible or disproportionate to repair or replace the BlackBerry PlayBook as provided under (i) or (ii), a
proportionate refund of the purchase price YOU paid for the BlackBerry PlayBook shall be provided to
YOU if YOU timely and promptly notify RIM or its authorized service provider of such defects. If the
BlackBerry PlayBook is repaired or replaced during the Warranty Period, except to the extent that RIM is
expressly prohibited by applicable, mandatory law, the warranty for the repaired BlackBerry PlayBook or the
replaced BlackBerry PlayBook as applicable, will expire upon the expiration of the original Warranty Period.
Any warranty service or support under this Limited Warranty is conditioned upon the return of YOUR
BlackBerry PlayBook to RIM or a RIM authorized service provider (as set out below under "How to Return
the PlayBook"). When the exchange of the BlackBerry PlayBook or its parts is provided under this Limited
Warranty, the item replaced becomes RIM’s property and the replacement item becomes YOURS. When a
refund is provided under this Limited Warranty, YOU will return the BlackBerry PlayBook to RIM and it
becomes RIM’s property.
Exclusions and Limitations: This Limited Warranty does not apply: (i) to consumable parts, such as
batteries, unless the damage was caused by a defect in materials or workmanship; (ii) to normal wear and
tear; (iii) if any component of the BlackBerry PlayBook is disassembled, modified, or repaired by someone
not expressly authorized by RIM to perform such service; (iv) if any component of the BlackBerry PlayBook
is replaced with a non-genuine RIM component or used in conjunction with non-standard batteries not
expressly authorized by RIM; (v) to physical damage to the surface of the BlackBerry PlayBook, including
but not limited to cracks or scratches on the LCD screen; (vi) to damage caused by misuse, exposure to
moisture or liquids, proximity or exposure to heat, accident, abuse, or neglect; (vii) except as prohibited by
mandatory law, to damage to the BlackBerry PlayBook caused by operation or use outside the permitted or
intended uses described by RIM (including those uses described in the BlackBerry Solution License
Agreement (“BBSLA”) which is available at http://www.blackberry.com/legal); (viii) if the BlackBerry
PlayBook serial number has been defaced or removed; (ix) to any SIM card or peripherals (if any) packaged
with the BlackBerry PlayBook; (x) to a BlackBerry PlayBook not purchased from a RIM authorized seller;
or (xi) if the Warranty Period has expired. This Limited Warranty is a hardware warranty limited to the
BlackBerry PlayBook and does not cover any software shipped, pre-loaded, or distributed by RIM or any
third party, even if packaged or sold with the BlackBerry PlayBook. Refer to the applicable licensing
agreements that apply to YOUR use of software. The limited warranty for RIM proprietary software shipped
with the BlackBerry PlayBook is described in the BlackBerry Solution License Agreement. Except to the
extent required by applicable, mandatory law, this Limited Warranty applies only to a new BlackBerry
PlayBook and only the balance of the warranty period (if any) applies to any refurbished BlackBerry
PlayBook. This Limited Warranty also does not apply if the damage or malfunction of the BlackBerry
PlayBook results from its use in conjunction with any non-BlackBerry accessories, products, services or
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peripherals not expressly provided by RIM for use in conjunction with the BlackBerry PlayBook, or where it
is determined by RIM that such malfunction is not the fault of the BlackBerry PlayBook itself. The warranty
applicable to any BlackBerry branded accessory sold separately is set forth in a separate, accessory limited
warranty accompanying such BlackBerry branded accessory. Additionally, if the damage or malfunction of
the BlackBerry PlayBook results from the failure of the user to abide by the Safety and Product Information
contained in the BlackBerry PlayBook package, the Limited Warranty will be void.
How to Return the PlayBook. This Limited Warranty is provided by RIM. Please contact a RIM
representative to receive instructions on how to return YOUR BlackBerry PlayBook to RIM or to a RIM
authorized service provider.
RIM’s warranty contact information can be found at
http://www.blackberry.com/playbookwarranty. When contacting RIM or a RIM representative via telephone
charges may apply, and YOU shall assist RIM or its representative in diagnosing any problem with YOUR
BlackBerry PlayBook. RIM may require that YOU provide proof of purchase of the BlackBerry PlayBook
in the form of a dated receipt or invoice from an authorized RIM reseller evidencing that YOU are the
beneficiary of this Limited Warranty during the Warranty Period. IF YOUR BLACKBERRY PLAYBOOK
IS RETURNED DURING THE WARRANTY PERIOD, BUT YOUR BLACKBERRY PLAYBOOK IS
NOT COVERED UNDER THE TERMS AND CONDITIONS OF THIS LIMITED WARRANTY, RIM’S
STANDARD REPAIR AND PROCESSING TERMS AND CHARGES MAY APPLY. RIM may limit
warranty services to the country where RIM or its authorized reseller originally sold the BlackBerry
PlayBook to YOU. Warranty service options and response times may differ by country in which warranty
service is requested. YOU MAY BE RESPONSIBLE FOR SHIPPING, HANDLING, AND OTHER
COSTS IF YOU REQUEST WARRANTY SERVICES NOT IN THE COUNTRY OF ORIGINAL
PURCHASE OF THE BLACKBERRY PLAYBOOK AND IF RIM IS WILLING TO FACILITATE YOUR
REQUEST.
Data Backup and Peripherals. RIM is not responsible for data, software, applications, peripherals or
information that may be damaged, lost or destroyed, including, without limitation, data lost or damaged
during the servicing, repair or replacement of the BlackBerry PlayBook, or through the use of
synchronization software.
PRIOR TO THE RETURN OF THE BLACKBERRY PLAYBOOK TO RIM OR A RIM AUTHORIZED
SERVICE PROVIDER YOU MUST: (I) BACKUP YOUR DATA, SOFTWARE, APPLICATIONS, AND
INFORMATION; AND (II) WIPE AND/OR REMOVE ANY DATA, FILES, PERIPHERALS,
EXPANDABLE MEMORY, AND/OR ANY PERSONAL AND CONFIDENTIAL INFORMATION.
DURING THE SERVICING, REPAIR OR REPLACEMENT CONTENT ON YOUR BLACKBERRY
PLAYBOOK MAY BE DELETED AND 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,
WHICH IS AVAILABLE AT http://www.blackberry.com/legal). For clarity, this Limited Warranty does
not cover the backup, recovery or reinstallation of YOUR data, software or applications to the BlackBerry
PlayBook.
Exclusive Remedies. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY
APPLICABLE, MANDATORY LAW, THIS WARRANTY AND THE REMEDIES EXPRESSLY SET
FORTH ABOVE FOR THE BLACKBERRY PLAYBOOK HARDWARE ARE YOUR EXCLUSIVE
REMEDIES AND ARE IN LIEU OF ANY OTHER WARRANTIES, REMEDIES AND CONDITIONS,
WHETHER EXPRESSED OR IMPLIED.
Limitation of Liability. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY
APPLICABLE, MANDATORY LAW, RIM, ON BEHALF OF ITSELF, ITS DISTRIBUTORS,
RESELLERS, SUBCONTRACTORS, AND SERVICE PROVIDERS OF THE BLACKBERRY
PLAYBOOK AND ON BEHALF OF ANY COMPANY CONTROLLED BY OR IN COMMON
CONTROL WITH RIM (COLLECTIVELY, THE “GROUP OF COMPANIES” AND INDIVIDUALLY
A “GROUP COMPANY”) HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS,
REPRESENTATIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
Limited Warranty PlayBook – Europe (052011) English
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INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. RIM DISCLAIMS
ANY REPRESENTATION THAT IT IS CAPABLE OF REPAIRING OR REPLACING THE
BLACKBERRY PLAYBOOK WITHOUT RISK TO OR LOSS OF DATA, SOFTWARE,
APPLICATIONS, OR PROGRAMS. TO THE EXTENT RIM CANNOT LAWFULLY DISCLAIM ANY
IMPLIED OR STATUTORY WARRANTIES RELATING TO THE BLACKBERRY PLAYBOOK, YOUR
STATUTORY RIGHTS ARE NOT AFFECTED BY THIS CLAUSE.
Exclusion of Certain Damages. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED
BY APPLICABLE, MANDATORY LAW, IN NO EVENT SHALL RIM OR ANY GROUP COMPANY
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR
DAMAGES WHATSOEVER, OR DAMAGE TO REPUTATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS
OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR
INABILITY TO USE THE BLACKBERRY PLAYBOOK, EVEN IF RIM OR ANY GROUP COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT
THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, 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
OR CONTRACT, OR ON THE WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION
EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY
LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR
NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE
LIABILITY OF RIM OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING
UNDER THIS LIMITED WARRANTY SHALL NOT EXCEED IN AGGREGATE THE PURCHASE
PRICE YOU PAID FOR THE BLACKBERRY PLAYBOOK OR THE COST OF REPLACING THE
AFFECTED BLACKBERRY PLAYBOOK, WHICHEVER IS GREATER.
Nothing in this Limited Warranty shall be taken as excluding or attempting to exclude or in any way restrict
any liability: (i) to the extent it would be illegal or unenforceable at law for RIM to exclude or to attempt to
exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily
injury to the extent arising directly from the negligence of RIM or that of its employees or agents.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain
types of implied conditions or warranties, so the above exclusions and limitations may not apply to YOU. If
any provision of this Limited Warranty is determined to be invalid or unenforceable the remaining provisions
of this Limited Warranty shall remain in full force and effect.
Governing Law. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY
APPLICABLE, MANDATORY LAW, THIS LIMITED WARRANTY, 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 RIM ARISING FROM OR RELATING TO THIS LIMITED
WARRANTY, ITS INTERPRETATION, OR THE BREACH OR VALIDITY THEREOF, SHALL,
EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE,
MANDATORY LAW, BE GOVERNED AS PROVIDED IN THIS PARAGRAPH. This Limited Warranty
(including all non-contractual obligations) is to be construed under the laws of England and Wales or, if such
is prohibited by mandatory law, in accordance with the laws applicable in YOUR country of domicile,
excluding (unless prohibited by mandatory law) any body of law governing conflicts of law. The United
Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from
application to this Limited Warranty.
Dispute Resolution. Except to the extent prohibited by mandatory law, any disagreement or dispute arising
out of, in connection with or in any way relating to this Limited Warranty, including the formation or
validity thereof, shall be settled by final and binding arbitration under the London Court of International
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Arbitration ("LCIA") rules. The seat of arbitration shall be London, England. There shall be a single
arbitrator nominated in accordance with the LCIA rules. The arbitration shall be conducted in the English
language. YOU agree that a judgment recognising and enforcing the arbitration award may be entered in any
court with jurisdiction, and irrevocably submit to the jurisdiction of any such court. All matters relating to
any arbitration under this Limited Warranty shall be held in strictest confidence to the maximum extent
permissible by law. YOU and RIM agree that, as applicable, LCIA arbitration is the binding dispute
resolution method under this Limited Warranty. In the event that arbitration is prohibited by mandatory law,
then YOU and RIM hereby agree and submit to the exclusive jurisdiction of the courts of England and Wales
for the purposes any disagreement or dispute arising out of, or in connection with, or in any way relating to,
this Limited Warranty, including the formation or validity thereof.
Notwithstanding the preceding paragraph and except to the extent prohibited by mandatory law, if: (i) YOU
are a natural person or a company who is not using the BlackBerry PlayBook for trade, business or
professional purposes; and (ii) the claim involves a sum of less than £5,000, then YOU and RIM hereby
agree and submit to the exclusive jurisdiction of the courts of England and Wales for the purposes any
disagreement or dispute arising out of, or in connection with, or in any way relating to, this Limited
Warranty, including the formation or validity thereof.
To the extent permitted by law, YOU and RIM agree that no dispute between YOU and RIM under this
Limited Warranty may be joined, consolidated, heard together or combined with any other dispute
whatsoever involving any other person or entity, without the prior written consent of YOU and RIM.
Miscellaneous.
Except to the extent prohibited by mandatory law, YOU agree that that this Limited Warranty and any and
all related documents be drawn up in English. If YOU are domiciled in France: C’est la volonté expresse des
parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais, sous
réserve des dispositions légales d'ordre public applicables.
Waiver by RIM of any default will not be deemed a continuing waiver of such default or a waiver of any
other default.
Except to the extent prohibited by mandatory law, if there is any conflict between this Limited Warranty and
any warranty included in the packaging of the BlackBerry PlayBook, 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.
Privacy. Customer information received by RIM (including YOUR personal contact details and financial
details, if provided to RIM in the course of processing YOUR Limited Warranty request) will be used,
processed, transmitted, transferred, stored and disclosed in accordance with RIM’s Privacy Policy (which
may be accessed at http://www.blackberry.com/legal/privacy.shtml) for problem resolution and
troubleshooting purposes, and such other purposes as may be necessary from time to time in order to perform
the warranty services described in this Limited Warranty (including the provision of repair, replacement and
refund services) and the processing of payments (if any) for such services. This may include obtaining
YOUR information and the BlackBerry PlayBook from third-party airtime service providers, retailers,
resellers and distributors involved in the chain of custody of the BlackBerry PlayBook upon which warranty
services are performed. This may also include transferring YOUR information and the BlackBerry
PlayBook to RIM subsidiaries and affiliates, and RIM service providers (including payment processors, if
applicable). Customer information collected by RIM, RIM subsidiaries and affiliates, or service providers in
the course of processing YOUR Limited Warranty request may be used, processed, transmitted, transferred
and stored in any country in which RIM, RIM subsidiaries and affiliates, and service providers retained on
behalf of RIM maintain facilities or otherwise operate (which may include the United States, Canada and
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other countries outside of the European Economic Area, including countries that do not provide an adequate
level of protection for personal data). If YOU are based in the European Union or otherwise receiving
warranty services from an entity located in the European Union, YOUR information will be received and
processed in accordance with the foregoing by or on behalf of Research In Motion UK Limited, whose
registered office is at Centrum House, 36 Station Road, Egham, Surrey TW20 9LF England, acting as a data
controller for the purposes of the UK Data Protection Act 1998. For information on your data protection
rights, please see RIM's Privacy Policy.
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