NOKIA G50 5G TA-1390 128GB GSM Phone Android Smartphone Instructions
- June 6, 2024
- Nokia
Table of Contents
G50 5G TA-1390 128GB
GSM Phone Android Smartphone
Instructions
Product and safety info
For your safety
Read these simple guidelines. Not following them may be dangerous or against
local laws and regulations. For further information, read the complete user
guide.
SWITCH OFF IN RESTRICTED AREAS
Switch the device off when mobile phone use is not allowed or when it may
cause interference or danger, for example, in aircraft, in hospitals or near
medical equipment, fuel, chemicals, or blasting areas. Obey all instructions
in restricted areas.
ROAD SAFETY COMES FIRST
Obey all local laws. Always keep your hands free to operate the vehicle when
driving. Your first consideration while driving should be road safety.
INTERFERENCE
All wireless devices may be susceptible to interference, which could affect
performance.
AUTHORIZED SERVICE
Only authorized personnel may install or repair this product.
BATTERIES, CHARGERS, AND OTHER ACCESSORIES
Use only batteries, chargers, and other accessories approved by HMD Global for
use with this device. Do not connect incompatible products.
KEEP YOUR DEVICE DRY
If your device is water-resistant, see its IP rating in the device’s technical
specifications for more detailed guidance.
GLASS PARTS
The device and/or its screen is made of glass. This glass can break if the
device is dropped on a hard surface or receives a substantial impact. If the
glass breaks, do not touch the glass parts of the device or attempt to remove
the broken glass from the device. Stop using the device until the glass is
replaced by authorized service personnel.
PROTECT YOUR HEARING
To prevent possible hearing damage, do not listen at high volume levels for
long periods. Exercise caution when holding your device near your ear while
the loudspeaker is in use.
Safety and texting while driving
Safety should be every driver’s first priority. Drivers must obey all local
laws that may include restrictions on the use of mobile phones or accessories
while driving. If use is legal, always keep your hands free to operate the
vehicle while driving and use a hands-free device whenever possible. Suspend
calls in heavy traffic or hazardous weather. Get to know your mobile phone and
its features and make any necessary information inputs prior to driving. Do
not input data or engage in text messaging while driving. Mobile phones should
not be used when use may be a distraction to the driver. The Cellular
Telecommunications & Internet Association (CTIA) has published further info
and tips on the safe use of mobile phones at www.ctia.org/consumer-
tips, which we encourage you to review.
Feature-specific information
Parts and connectors
Do not connect to products that create an output signal, as this may damage
the device. Do not connect any voltage source to the audio connector. If you
connect an external device or headset, other than those approved for use with
this device, to the audio connector, pay special attention to volume levels.
Messaging
You can send text messages that are longer than the character limit for a
single message. Longer messages are sent as two or more messages. Your service
provider may charge accordingly. Characters with accents, other marks, or some
language options, take more space, and limit the number of characters that can
be sent in a single message.
Maps and positioning
Contents of digital maps may sometimes be inaccurate and incomplete. Never
rely solely on the content or the service for essential communications, such
as in emergencies.
Flashlight
If your phone has a flashlight and you are using it, be careful when touching
the LED as it may feel hot. Always switch off the flashlight before putting
the phone in your pocket or handbag.
Product and safety info
Network services and costs
Using some features and services, or downloading content, including free
items, requires a network connection. This may cause the transfer of large
amounts of data, which may result in data costs. You may also need to
subscribe to some features.
Emergency calls
Important: Connections in all conditions cannot be guaranteed. Never rely
solely on any wireless phone for essential communications like medical
emergencies.
Before making the call:
- Switch the phone on.
- If the phone screen and keys are locked, unlock them.
- Move to a place with adequate signal strength.
1. On the home screen, tap.
2. Type in the official emergency number for your present location. Emergency call numbers vary by location.
3. Tap.
4. Give the necessary info as accurately as possible. Do not end the call until given permission to do so.
You may also need to do the following:
- Put a SIM card in the phone. If you don’t have a SIM, on the lock screen, tap Emergency.
- If your phone asks for a PIN code, tap Emergency.
- Switch the call restrictions off in your phone, such as call barring, fixed dialing, or closed user group.
- If the mobile network is not available, you may also try making an internet call, if you can access the internet.
Take care of your device
Handle your device, battery, charger, and accessories with care. The following suggestions help you keep your device operational.
- Keep the device dry. Precipitation, humidity, and all types of liquids or moisture can contain minerals that corrode electronic circuits. If your device gets wet, remove the battery if possible, and let the device dry.
- Do not use or store the device in dusty or dirty areas.
- Do not store the device in high temperatures. High temperatures may damage the device or battery.
- Do not store the device in cold temperatures. When the device warms to its normal temperature, moisture can form inside the device and damage it.
- Do not open the device other than as instructed in the user guide.
- Unauthorized modifications may damage the device and violate regulations governing radio devices.
- Do not drop, knock, or shake the device or the battery. Rough handling can break it.
- Only use a soft, clean, dry cloth to clean the surface of the device.
- Do not paint the device. Paint can prevent proper operation
- Keep the device away from magnets or magnetic fields.
- To keep your important data safe, store it in at least two separate places, such as your device, memory card, or computer, or write down important info.
During extended operation, the device may feel warm. In most cases, this is
normal. To avoid getting too warm, the device may automatically slow down,
close apps, switch off charging, and if necessary, switch itself off. If the
device is not working properly, take it to the nearest authorized service
facility.
Recycle
Always return your used electronic products, batteries, and packaging
materials to dedicated collection points. This way you help prevent
uncontrolled waste disposal and promote the recycling of materials. Electrical
and electronic products contain a lot of valuable materials, including metals
(such as copper, aluminum, steel, and magnesium) and precious metals (such as
gold, silver, and palladium). All materials of the device can be recovered as
materials and energy.
Crossed-out wheeled bin symbol
The crossed-out wheeled bin symbol on your product, battery, literature, or
packaging reminds you that all electrical and electronic products and
batteries must be taken to separate collection at the end of their working
life. Do not dispose of these products as unsorted municipal waste: take them
for recycling. For info on your nearest recycling point, check with your local
waste authority.
About Digital Rights Management
When using this device, obey all laws and respect local customs, privacy and
legitimate rights of others, including copyrights. Copyright protection may
prevent you from copying, modifying, or transferring photos, music, and other
content. See the online user guide for further information about DRM.
Battery and charger info
To check if your phone has a removable or non-removable battery, see the Get
started guide.
Devices with a removable battery
Use your device only with an original rechargeable battery. The battery can be
charged and discharged hundreds of times, but it will eventually wear out.
When the talk and standby times are noticeably shorter than normal, replace
the battery.
Devices with a non-removable battery
Do not attempt to remove the battery or back cover, as you may damage the
device. The battery can be charged and discharged hundreds of times, but it
will eventually wear out. When the talk and standby times are noticeably
shorter than normal, to replace the battery, take the device to the nearest
authorized service facility.
Chargers
Charge your device with a compatible charger. Charger plug type may vary. Some
of the accessories mentioned in this user guide, such as charger, headset, or
data cable, may be sold separately.
Battery and charger safety
Once charging of your device is complete, unplug the charger from the device
and electrical outlet. Please note that continuous charging should not exceed
12 hours. If left unused, a fully charged battery will lose its charge over
time.
Always keep the battery between 15°C and 25°C (59°F and 77°F) for optimal
performance. Extreme temperatures reduce the capacity and lifetime of the
battery. A device with a hot or cold battery may not work temporarily.
Obey local regulations. Recycle when possible. Do not dispose of as household
waste.
Do not expose the battery to extremely low air pressure or leave it to
extremely high temperature, for example, dispose of it in a fire, as that may
cause the battery to explode or leak flammable liquid or gas.
Do not dismantle, cut, crush, bend, puncture, or otherwise damage the battery
in any way. If battery leaks, do not let liquid touch skin or eyes. If this
happens, immediately flush the affected areas with water, or seek medical
help. Do not modify, attempt to insert foreign objects into the battery, or
immerse or expose it to water or other liquids. Batteries may explode if
damaged.
Use the battery and charger for their intended purposes only. Improper use or
use of unapproved or incompatible batteries or chargers may present a risk of
fire, explosion, or another hazard, and may invalidate any approval or
warranty. If you believe the battery or charger is damaged, take it to a
service center or your phone dealer before continuing to use it. Never use a
damaged battery or charger. Only use the charger indoors. Do not charge your
device during a lightning storm.
To unplug a charger or an accessory, hold and pull the plug, not the cord.
Additionally, the following applies if your device has a removable battery:
- Always switch the device off and unplug the charger before removing the battery.
- Accidental short-circuiting can happen when a metallic object touches the metal strips on the battery. This may damage the battery or the other object. Small children
Your device and its accessories are not toys. They may contain small parts. Keep them out of the reach of small children.
Medical devices
Operation of radio transmitting equipment, including wireless phones, may
interfere with inadequately shielded medical devices’ function. Consult a
physician or the medical device’s manufacturer to determine if it is
adequately shielded from external radio energy.
Implanted medical devices
To avoid potential interference, manufacturers of implanted medical devices
recommend a minimum separation of 15.3 centimeters (6 inches) between a
wireless device and the medical device. Persons who have such devices should
- Always keep the wireless device more than 15.3 centimeters (6 inches) from the medical device.
- Do not carry the wireless device in a breast pocket.
- Hold the wireless device to the ear opposite the medical device.
- Switch the wireless device off if there is any reason to suspect that interference is taking place.
- Follow the manufacturer’s directions for the implanted medical device. If you have any questions about using your wireless device with an implanted medical device, consult your health care provider.
Information on health
The U.S. Food and Drug Administration (FDA) and the U.S. Federal
Communications Commission (FCC) published statements and questions and answers
concerning mobile phones and health. HMD Global encourages you to visit these
websites for updated information.
You can access the FDA website at www.fda.gov/Radiation-emitting
products/
RadiationEmittingProductsandProcedures/Home Business and
Entertainment/CellPhones/default.htm and the FCC website at www.fcc.gov
/engineering-technology/electromagnetic-compatibility-division/radio-
frequency-safety/faq/rf-safety.
Additional health-related information is available from the World Health
Organization (WHO) at www. who. int/media
center/factsheets/fs193/en/and
from The National Cancer Institute (“NCI”) at www.cancer.gov/about-cancer
/causes-prevention/risk/radiation/cell-phones-fact-
sheet. In the event that you are concerned about possible
health effects, the FDA suggests that you limit your own or your children’s
radio frequency (RF) exposure by limiting the length of calls or by using
hands-free devices.
Hearing
Warning: When you use the headset, your ability to hear outside sounds
may be affected. Do not use the headset which it can endanger your safety.
Some wireless devices may interfere with some hearing aids.
Vehicles
Radio signals may affect improperly installed or inadequately shielded
electronic systems in vehicles. For more info, check with the manufacturer of
your vehicle or its equipment. Only authorized personnel should install the
device in a vehicle. Faulty installation may be dangerous and invalidate your
warranty. Check regularly that all wireless device equipment in your vehicle
is mounted and operating properly. Do not store or carry flammable or
explosive materials in the same compartment as the device, its parts, or
accessories. Do not place your device or accessories in the airbag deployment
area.
Potentially explosive environments
Switch your device off in potentially explosive environments, such as near gas
stations. Sparks may cause an explosion or fire resulting in injury or death.
Note restrictions in areas with fuel; chemical plants; or where blasting
operations are in progress. Areas with a potentially explosive environment may
not be clearly marked. These usually are areas where you are advised to switch
your engine off, below deck on boats, chemical transfer or storage facilities,
and where the air contains chemicals or particles. Check with the
manufacturers of vehicles using liquefied petroleum gas (such as propane or
butane) if this device can be safely used in their vicinity.
Copyrights and other notices
The availability of products, features, apps, and services may vary by region.
For more info, contact your dealer or your service provider. This device may
contain commodities, technology, or software subject to export laws and
regulations from the US and other countries. Diversion contrary to law is
prohibited.
The contents of this document and the accompanying Get started guide are
provided “as is”. Except as required by applicable law, no warranties of any
kind, either express or implied, including, but not limited to, the implied
warranties of merchantability and fitness for a particular purpose, are made
in relation to the accuracy, reliability or contents of this document. HMD
Global reserves the right to revise this document or withdraw it at any time
without prior notice. To the maximum extent permitted by applicable law, under
no circumstances shall HMD Global or any of its licensors be responsible for
any loss of data or income or any special, incidental, consequential or
indirect damages howsoever caused. Reproduction, transfer, or distribution of
part or all of the contents in this document in any form without the prior
written permission of HMD Global is prohibited. HMD Global operates a policy
of continuous development. HMD Global reserves the right to make changes and
improvements to any of the products described in this document without prior
notice.
HMD Global does not make any representations, provide a warranty, or take any
responsibility for the functionality, content, or end-user support of third-
party apps provided with your device. By using an app, you acknowledge that
the app is provided as-is.
Downloading maps, games, music, and videos and uploading images and videos may
involve transferring large amounts of data. Your service provider may charge
for the data transmission. The availability of particular products, services,
and features may vary by region. Please check with your local dealer for
further details and the availability of language options.
Certain features, functionality, and product specifications may be network
dependent and subject to additional terms, conditions, and charges. All
specifications, features, and other product information provided are subject
to change without notice.
Manufacturer and/or importer in the European Union:
HMD Global Oy, Bertel Jungin aukio 9, 02600 Espoo, Finland.
HMD Global Privacy Policy, available at
http://www.nokia.com/phones/privacy,
applies to your use of the device.
© 2021 HMD Global. HMD Global Oy is the exclusive licensee of the Nokia brand
for phones & tablets. Nokia is a registered trademark of Nokia Corporation.
Manufacturer’s Limited Warranty
1. General
HMD Global Oy (hereinafter “Manufacturer”) provides this Manufacturer’s
Limited Warranty (“Warranty”) for each genuine device (the “Product”) and
related Accessories (as defined in Section 2) included with the Product sales
package designated for sale in the United States of America and Canada.
This Warranty is only applicable in the country where the Product was
purchased through the Manufacturer’s authorized sales channels, provided that
the Product was intended for sale in that country (“Covered Country”). The
warranty services available in a particular Covered Country may be limited to
the Products and country-specific elements available for sale in that Covered
Country.
IF YOU LIVE IN (OR IF A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE
UNITED STATES, SECTION 6 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS
ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE A DISPUTE WITH THE
MANUFACTURER. PLEASE READ IT.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE OR BY PROVINCE TO PROVINCE OR COUNTRY.
ALL PARTS OF THIS WARRANTY APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OR
UNLESS PROHIBITED BY LAW.
The Product and its Accessories must be used in accordance with the
instructions provided in the user guides and leaflets that come in the Product
package and are also available online. From time to time the Manufacturer may
offer additional warranty coverage that supplements the terms listed here. To
learn more about your Product and any additional coverage, please visit
www.nokia.com/mobilesupport.
2. Warranty
The Warranty period starts on the date the Product is sold to an end-user for
the first time, as evidenced by the original proof of purchase.
A. The Manufacturer warrants that the Product (including non-user-replaceable
batteries) is free from defects in materials and workmanship (“Defect”) for
twelve (12) months.
B. The Manufacturer warrants that the Accessories (defined as user-replaceable
batteries, covers, cables, chargers, headsets, and any other accessories
included in the sales package) are free from defects for six (6) months.
During the Warranty Period, the Manufacturer or its authorized service center
will, in a reasonable time, remedy the Defect free of charge by either
repairing or replacing the defective Product or Accessory or the defective
part of it at its option, provided that you have returned the defective
Product or Accessory to the Manufacturer or its authorized service center
before the Warranty period has expired. When repairing or replacing your
Product or Accessory, the Manufacturer may use new or reconditioned parts or
provide a refurbished replacement Product or Accessory except where the use of
such re-conditioned parts or refurbished Product or Accessory is prohibited by
local law. In case local law requires the end-user to be informed about the
use of reconditioned parts or refurbished Products or Accessories, this
Warranty document constitutes the necessary notice in that regard. In case
local law requires consent from the end-user for the use of reconditioned
parts or refurbished Products or Accessories, then such parts or Products or
Accessories will not be used until such consent has been obtained.
To the fullest extent permitted by applicable law:
(i) No repair or replacement will renew or extend the Warranty period except
that replacement parts or replacement Product or accessories provided under
this Warranty will be covered by this Warranty for the remainder of the
original warranty period or for ninety (90) days from the date repaired or
from when replacement Product or accessory is returned to you, whichever is
longer;
(ii) IF YOUR APPLICABLE STATE OR PROVINCIAL LAW GIVES YOU ANY IMPLIED
WARRANTY, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, ITS DURATION IS LIMITED TO THE WARRANTY PERIOD. Some
States or Provinces do not allow limitations on how long an implied warranty
lasts, so this limitation may not apply to You; and
(iii) Where the Product, Accessory or parts of a Product or Accessory have
been replaced, the original Product, parts, or Accessories shall become the
Manufacturer’s property. Please always back up all data, programs,
applications, and content stored on your Product before taking your Product in
for service since service activities will erase all data from your Product.
Remove any confidential information prior to submitting your Product for
service.
The manufacturer and its authorized service centers are not responsible for
the loss of your data, programs, applications, or content
. For further information on your Warranty, please visit www.nokia.com
/mobile-support for instructions on how
to request repair service and the addresses of the authorized service centers.
3. What this Warranty does not cover
This Warranty excludes all of the following:
(i) Errors or damages caused by:
(a) exposure to liquid or dampness (unless the Product is declared to be
water-resistant under certain conditions as specified by the Manufacturer),
damage caused by exposure to extreme electromagnetic field (such as damages
caused by microwave oven), or extreme thermal or environmental conditions or
to rapid changes in such conditions, corrosion, oxidation, spillage of food or
liquid, or influence from chemical products;
(b) physical damage, cracks, dents or scratches caused by a drop or by
external forces impacting the Product or any part of the Product including but
not limited to the cover, display, camera lenses and buttons (unless specified
otherwise by the Manufacturer under certain conditions);
(c) using your Product with, or connecting it to, any product, accessory,
software, or service not manufactured, authorized, or supplied by
Manufacturer; or chargers, power adaptors or data cables which do not meet the
required technical and safety specifications described in the user guide;
( d) any third-party products sold in combination with your Product;
(e) damage or errors caused by hacking, cracking, viruses, or other malware,
or by unauthorized access to services, accounts, computer systems, or
networks; (
f) power outages or surges capable of affecting the normal use of the Product;
or
(g) other acts beyond the Manufacturer’s reasonable control.
(ii) Any wear and tear;
(iii) Use of your Product in a manner that does not comply with its intended
use and the provisions of the user guide;
(iv) If your Product, has been opened, repaired or modified by non-authorized
third parties, or repaired using unauthorized spare parts;
(v) If you have not installed the latest software updates that are publicly
available for your Product within a reasonable time of their release.
The manufacturer does not warrant that software preinstalled by or on behalf
of Manufacturer in the Product (or subsequent updates and upgrades) (together
“Manufacturer Software”) will meet your requirements, work in combination with
any hardware or software not provided by Manufacturer, be uninterrupted or
error-free or that errors are correctable or will be corrected. For
Manufacturer Software-related errors, the Manufacturer will make available the
latest version of the Manufacturer’s Software for reinstallation on your
Product or, if that would not be possible, another remedy, which in the
Manufacturer’s reasonable discretion, satisfactorily addresses the error. Some
Manufacturer Software may be subject to separate license terms that are
available with the software.
This Warranty is not valid outside of the Covered Country and does not cover:
(a) User guides
(b) Any third party software, settings, content, data, or links installed or
downloaded onto your Product at any time, or Manufacturer and third-party
services or enabling clients even if preinstalled by Manufacturer (please read
the terms and conditions that may accompany the services as those will define
your rights and obligations);
(c) Reduced charging capacity of the battery resulting from its natural end of
Product life, or pixel defects in your Product’s display that are within the
scope of industry standards;
(d) SIM card and/or any cellular or other networks or system on which your
Product operates, and
(e) A Product where the serial number, the mobile accessory date code, or the
IMEI number has been removed, erased, defaced, altered or if these are
illegible in any way. You cannot enforce this Warranty if you refuse to give
possession of the Product to the Manufacturer for repair and investigation. If
this Warranty does not cover your Product or Accessory based on the above, the
manufacturer reserves the right to charge for the repair or replacement of
your Product or Accessory following your consent, as well charging a handling
fee.
4. Limitation of Manufacturer’s liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW(S), MANUFACTURER SHALL NOT UNDER ANY
CIRCUMSTANCES BE LIABLE, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY (i) DAMAGES OR
LOSSES OF ANY KIND WHATSOEVER RESULTING FROM OR RELATING TO LOSS OF, DAMAGE
TO, OR CORRUPTION OF, CONTENT OR DATA OR THE RECREATION OR TRANSFER THEREOF
EVEN IF SUCH LOSS, DAMAGE, OR CORRUPTION WAS A RESULT OF A DEFECT IN YOUR
PRODUCT OR ACCESSORY; AND/OR (ii) LOSS OF PROFIT, USE, PRODUCTIVITY, BUSINESS,
CONTRACTS, REVENUES OR ANTICIPATED SAVINGS, INCREASED COSTS OR EXPENSES, OR
FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGE.
To the extent permitted by applicable law, the Manufacturer’s liability shall
be limited to the purchase value of your Product or Accessory, as applicable.
5. Choice of law
The laws of the State or Province where you live (or if a business, or the
location of a principal place of business) govern the interpretation of this
Warranty, any claim that Manufacturer has breached it, and all other claims
(including consumer protection, unfair competition, implied warranty, and tort
claims), regardless of conflict of law principles, except that the US Federal
Arbitration Act governs arbitration.
6. Binding arbitration and class action waiver if you live in (or if a
business with a principal place of business located in) the United States
This section applies to any dispute EXCEPT DISPUTES RELATING TO THE
ENFORCEMENT OR VALIDITY OF YOUR, YOUR LICENSOR’S, MANUFACTURER’S, OR
MANUFACTURER’S LICENSOR’S INTELLECTUAL PROPERTY RIGHTS.
The term “dispute” means any dispute, action or other controversies between
you and the Manufacturer concerning the Product, Accessory (including its
price) or this Warranty, whether in contract, warranty, tort, statute,
regulation, ordinance, or any other legal or equitable basis. “Dispute” will
be given the broadest possible meaning allowable under law.
(i) Notice of Dispute. In the event of a dispute, you or the manufacturer must
give the other a Notice of Dispute, which is a written statement that sets
forth the name, address and contact information of the party giving it, the
facts giving rise to the dispute, and the relief requested. You must send any
Notice of Dispute by U.S. Mail to HMD America, Inc., Attn: Dispute Notice,
1200 Brickell Avenue, Suite 510, Miami, FL 33131. The manufacturer will send
any Notice of Dispute to you by U.S. Mail to your address if we have it, or
otherwise to your e-mail address. You and Manufacturer will attempt to resolve
any dispute through informal negotiation within 60 days from the date the
Notice of Dispute is sent. After 60 days, you or the Manufacturer may commence
arbitration.
(ii) Small Claims Court. You may also litigate any Dispute in small claims
court in your county of residence (or if a business, the location of your
principal place of business), if the dispute meets all requirements to be
heard in the small claims court. You may litigate in small claims court
whether or not you negotiated informally first.
(iii) Binding Arbitration. If you and Manufacturer do not resolve any Dispute
by informal negotiation or in small claims court, any other effort to resolve
the dispute will be conducted exclusively by individual binding arbitration
governed by the Federal Arbitration Act (“FAA”). Class arbitrations are not
permitted. You are giving up the right to litigate disputes in court before a
judge or jury (or participate as a party or class member). Instead, all
disputes will be resolved before a neutral arbitrator, whose decision will be
final except for a limited right of appeal under the FAA. Any court with
jurisdiction over the parties may enforce the arbitrator’s award.
(iv) Class Action Waiver. Any proceedings to resolve or litigate any dispute
in any forum will be conducted solely on an individual basis. Neither you nor
the Manufacturer will seek to have any dispute heard as a class action,
private attorney general action, or in any other proceeding in which either
party acts or proposes to act in a representative capacity. No arbitration or
other proceeding will be combined with another without the prior written
consent of all parties to all affected arbitrations or proceedings.
(v) Arbitration Procedure. Any arbitration will be conducted by the American
Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. If
you are an individual and use the Product or Accessory for personal or
household use, or if the value of the dispute is $75,000 USD or less whether
or not you are an individual or how you use the Product or Accessory, the
AAA’s Consumer Arbitration Rules will apply. For more information, see
www.adr.org or call
1-800-778-7879. To commence an
arbitration, send a request to HMD America, Inc., Attn: Dispute Notice, 1200
Brickell Avenue, Suite 510, Miami, FL 33131. You agree to commence arbitration
only in your county of residence (or if a business, the county where your
principal place of business is located). Manufacturer agrees to commence
arbitration only in your county of residence (or if a business, the county
where your principal place of business is located). You may request a
telephonic or in-person hearing by following the AAA rules. In a dispute
involving $10,000 USD or less, any hearing will be telephonic unless the
arbitrator finds good cause to hold an in-person hearing instead. The
arbitrator may award the same damages to you individually as a court could.
The arbitrator may award declaratory or injunctive relief only to you
individually, and only to the extent required to satisfy your individual
claim.
(vi) Arbitration Fees and Payments.
(a) Disputes Involving $75,000 USD or Less. The manufacturer will promptly
reimburse your filing fees and pay the AAA’s and arbitrator’s fees and
expenses. If you reject Manufacturer’s last written settlement offer made
before the arbitrator was appointed (“Manufacturer’s last written offer”), and
your dispute goes all the way to an arbitrator’s decision (called an “award”),
and the arbitrator awards you more than Manufacturer’s last written offer,
Manufacturer will:
(i) pay the greater of the award or $1,000 USD;
(ii) pay your reasonable attorney’s fees, if any; and
(iii) reimburse any out-of-pocket expenses (including expert witness fees and
costs) that your attorney reasonably accrues for investigating, preparing, and
pursuing your claim in arbitration. The arbitrator will determine the number
of fees, costs, and expenses unless you and the Manufacturer agree on them.
(b) Disputes Involving More Than $75,000 USD. The AAA rules will govern the
payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
(c) Disputes Involving Any Amount. In any arbitration you commence,
Manufacturer will seek its AAA or arbitrator’s fees and expenses, or your
filing fees it reimbursed, only if the arbitrator finds the arbitration
frivolous or brought for an improper purpose. In any arbitration Manufacturer
commences, the Manufacturer will pay all filing, AAA, and arbitrator’s fees
and expenses. The manufacturer will not seek its attorney’s fees or expenses
from you in any arbitration. Fees and expenses are not counted in determining
how much a dispute involves.
(vii) Conflict with AAA Rules. This warranty governs to the extent it
conflicts with AAA’s Commercial Arbitration Rules or Consumer Arbitration
Rules.
(viii) Claims or Disputes Must Be Filed Within One Year. To the extent
permitted by law, any claim or dispute to which Section 6 applies must be
filed within one year in small claims court, an arbitration proceeding, or in
court, if Section 6 permits the dispute to be filed in court instead of
arbitration. The one-year period begins when the claim or Notice of Dispute
first could be filed. If such a claim or dispute is not filed within one year,
it is permanently barred.
(ix) Severability. If the class action waiver in this Section is found to be
illegal or unenforceable as to all or some parts of a dispute, then Section 6
will not apply to those parts. Instead, those parts will be severed and
proceed in a court of law, with the remaining parts proceeding in arbitration.
If any other provision of Section 6 is found to be illegal or unenforceable,
that provision will be severed with the remainder of this Section 6 remaining
in full force and effect.
7. Other important notices
The manufacturer reserves the right to make changes to the location and
availability of its authorized service centers network at any time. Your
Product may contain specific elements which may not operate as intended when
used outside of the original country of purchase.
Manufacturer’s Address:
HMD Global Oy, Bertel Jungin aukio 9, 02600 Espoo, Finland
United States: HMD America, Inc.,
1200 Brickell Avenue, Suite 510,
Miami, FL 33131. Canada: HMD America, Inc.,
1200 Brickell Avenue, Suite 510,
Miami, FL 33131.
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