Warranty. Motorola MOTW385, W385

Motorola Limited Warranty for the United States and

Canada

Warranty

What Does this Warranty Cover?

Subject to the exclusions contained below, Motorola, Inc. warrants its telephones, pagers, messaging devices, and consumer and professional two-way radios (excluding commercial, government or industrial radios) that operate via Family Radio Service or

General Mobile Radio Service, Motorola-branded or certified accessories sold for use with these Products (“Accessories”) and

Motorola software contained on CD-ROMs or other tangible media and sold for use with these Products (“Software”) to be free from defects in materials and workmanship under normal consumer usage for the period(s) outlined below. This limited warranty is a consumer's exclusive remedy, and applies as follows to new

Motorola Products, Accessories and Software purchased by consumers in the United States or Canada, which are accompanied by this written warranty:

Products and Accessories

Products Covered

Products and

Accessories as defined above, unless otherwise provided for below.

Decorative

Accessories and

Cases. Decorative covers, bezels,

PhoneWrap™ covers and cases.

Monaural Headsets.

Ear buds and boom headsets that transmit mono sound through a wired connection.

Length of Coverage

One (1) year from the date of purchase by the first consumer purchaser of the product unless otherwise provided for below.

Limited lifetime warranty for the lifetime of ownership by the first consumer purchaser of the product.

Limited lifetime warranty for the lifetime of ownership by the first consumer purchaser of the product.

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Products Covered

Consumer and

Professional

Two-Way Radio

Accessories.

Products and

Accessories that are

Repaired or

Replaced.

Length of Coverage

Ninety (90) days from the date of purchase by the first consumer purchaser of the product.

The balance of the original warranty or for ninety (90) days from the date returned to the consumer, whichever is longer.

Exclusions

Normal Wear and Tear. Periodic maintenance, repair and replacement of parts due to normal wear and tear are excluded from coverage.

Batteries. Only batteries whose fully charged capacity falls below

80% of their rated capacity and batteries that leak are covered by this limited warranty.

Abuse & Misuse. Defects or damage that result from:

(a) improper operation, storage, misuse or abuse, accident or neglect, such as physical damage (cracks, scratches, etc.) to the surface of the product resulting from misuse; (b) contact with liquid, water, rain, extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat, or food; (c) use of the Products or

Accessories for commercial purposes or subjecting the Product or

Accessory to abnormal usage or conditions; or (d) other acts which are not the fault of Motorola, are excluded from coverage.

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Use of Non-Motorola Products and Accessories. Defects or damage that result from the use of Non-Motorola branded or certified Products, Accessories, Software or other peripheral equipment are excluded from coverage.

Unauthorized Service or Modification. Defects or damages resulting from service, testing, adjustment, installation, maintenance, alteration, or modification in any way by someone other than Motorola, or its authorized service centers, are excluded from coverage.

Altered Products. Products or Accessories with (a) serial numbers or date tags that have been removed, altered or obliterated; (b) broken seals or that show evidence of tampering;

(c) mismatched board serial numbers; or (d) nonconforming or non-Motorola housings, or parts, are excluded from coverage.

Communication Services. Defects, damages, or the failure of

Products, Accessories or Software due to any communication service or signal you may subscribe to or use with the Products

Accessories or Software is excluded from coverage.

Software

Products Covered

Software. Applies only to physical defects in the media that embodies the copy of the software (e.g.

CD-ROM, or floppy disk).

Length of Coverage

Ninety (90) days from the date of purchase.

Exclusions

Software Embodied in Physical Media. No warranty is made that the software will meet your requirements or will work in combination with any hardware or software applications provided by third parties, that the operation of the software products will be uninterrupted or error free, or that all defects in the software products will be corrected.

Software NOT Embodied in Physical Media. Software that is not embodied in physical media (e.g. software that is downloaded from the internet), is provided “as is” and without warranty.

Who Is Covered?

This warranty extends only to the first consumer purchaser, and is not transferable.

What Will Motorola Do?

Motorola, at its option, will at no charge repair, replace or refund the purchase price of any Products, Accessories or Software that does not conform to this warranty. We may use functionally equivalent reconditioned/refurbished/pre-owned or new Products,

Accessories or parts. No data, software or applications added to your Product, Accessory or Software, including but not limited to personal contacts, games and ringer tones, will be reinstalled. To avoid losing such data, software and applications please create a back up prior to requesting service.

How to Obtain Warranty Service or

Other Information

USA Phones

1-800-331-6456

Pagers

1-800-548-9954

Two-Way Radios and Messaging Devices

1-800-353-2729

Canada All Products

1-800-461-4575

TTY 1-888-390-6456

For Accessories and Software, please call the telephone number designated above for the product with which they are used.

You will receive instructions on how to ship the Products,

Accessories or Software, at your expense, to a Motorola

Authorized Repair Center. To obtain service, you must include: (a) a copy of your receipt, bill of sale or other comparable proof of purchase; (b) a written description of the problem; (c) the name of your service provider, if applicable; (d) the name and location of the installation facility (if applicable) and, most importantly; (e) your address and telephone number.

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What Other Limitations Are There?

ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION

THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS

FOR A PARTICULAR PURPOSE, SHALL BE LIMITED TO THE

DURATION OF THIS LIMITED WARRANTY, OTHERWISE THE

REPAIR, REPLACEMENT, OR REFUND AS PROVIDED UNDER THIS

EXPRESS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF

THE CONSUMER, AND IS PROVIDED IN LIEU OF ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL

MOTOROLA BE LIABLE, WHETHER IN CONTRACT OR TORT

(INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE

PURCHASE PRICE OF THE PRODUCT, ACCESSORY OR SOFTWARE,

OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR

CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF

REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF

INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR

OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION

WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS,

ACCESSORIES OR SOFTWARE TO THE FULL EXTENT THESE

DAMAGES MAY BE DISCLAIMED BY LAW.

Some states and jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state or from one jurisdiction to another.

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Laws in the United States and other countries preserve for

Motorola certain exclusive rights for copyrighted Motorola software such as the exclusive rights to reproduce and distribute copies of the Motorola software. Motorola software may only be copied into, used in, and redistributed with, the Products associated with such Motorola software. No other use, including without limitation disassembly of such Motorola software or exercise of the exclusive rights reserved for Motorola, is permitted.