BlackBerry Warranty Information

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

Manufacturer Warranty Coverage. This manufacturer’s Limited Warranty sets forth the warranty responsibilities of BlackBerry Limited and its affiliates (“BlackBerry”) regarding BlackBerry-branded hardware products and accessories manufactured by or on behalf of BlackBerry (“BlackBerry Device”). BlackBerry warrants to the original end-user purchaser of a new BlackBerry Device (“YOU”), that the BlackBerry Device will be free from defects in materials and workmanship under normal use for a period that commences on the date of original purchase by YOU and continuing for the following specified period of time for each applicable type of BlackBerry Device (the “Warranty Period”). This Limited Warranty is not transferable by YOU.
(i) For a BlackBerry Handheld smartphone the Warranty Period is one (1) year. Please contact the retailer from whom YOU purchased the BlackBerry Device on how to obtain customer support for your BlackBerry Device.
(ii) For a BlackBerry Porsche Design smartphone the Warranty Period is two (2) years. Please contact a BlackBerry representative – warranty contact information can be found at www.blackberry.com/gettingstarted.
(iii) For a BlackBerry tablet the Warranty Period is one (1) year. Please contact a BlackBerry representative – warranty contact information can be found at www.blackberry.com/playbookwarranty.
(iv) For BlackBerry accessories the Warranty Period is one (1) year. Please contact the retailer from whom YOU purchased the BlackBerry Device. Exceptions to the Limited Warranty for particular BlackBerry Device models, or countries, may apply – please refer to Appendix 1 of this Limited Warranty. For BlackBerry  Devices refurbished by or on behalf of BlackBerry, the balance of the warranty period (if any) applies to such refurbished BlackBerry Device. During the Warranty  Period, if the BlackBerry Device is found by BlackBerry to be defective and covered under this Limited Warranty, BlackBerry may at its absolute and sole discretion:
(i) repair the defective portion of the BlackBerry Device without charge to YOU with new or reconditioned parts;
(ii) replace the defective BlackBerry Device without charge to YOU with a comparable new or refurbished Product; or
(iii) if BlackBerry is unable to repair or replace the BlackBerry Device as provided under (i) or
(ii), refund to YOU the net purchase price YOU paid for the BlackBerry Device.

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

Warranty Exclusions and Limitations. This Limited Warranty does not apply (as determined by BlackBerry):
(i) to consumable parts of a BlackBerry Device, such as batteries and protective coating designed to diminish over time, unless the damage was caused by a defect  in materials or workmanship;
(ii) to normal wear and tear to a BlackBerry Device;
(iii) if the BlackBerry Device is opened, modified, or repaired by someone not authorized by BlackBerry;
(iv) if the BlackBerry Device serial number, IMEI number, or other identifier has been defaced or removed;
(v) to a BlackBerry 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 BlackBerry Device in conjunction with accessories, products, services, software, applications, or ancillary or peripheral equipment not expressly  approved or provided by BlackBerry specifically for use with YOUR particular model of BlackBerry Device;
(c) anything that is not the fault of the BlackBerry Device itself; or
(d) operation or use of the BlackBerry Device outside the applicable installation guide or standard end-user documentation prepared and supplied by BlackBerry,  including any safety and operation instructions available at http://docs.blackberry.com, or the BlackBerry Solution License Agreement available at BBSLA [pdf] or https://www.blackberry.com/us/en/legal/blackberry-solution-license-agreement
(vi) to damage to the surface of the BlackBerry Device, including but not limited to cracks, dents, or scratches;
(vii) any equipment, tablets, or other hardware other than the BlackBerry 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 BlackBerry-branded and manufactured by on behalf of BlackBerry; or
(viii) if YOU are unable to provide proof of purchase evidencing that YOU are the original purchaser of the BlackBerry Device and the date and place of original purchase.

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

Backup Your Data. YOU should regularly backup YOUR BlackBerry Device data, software, applications, and information as a safeguard against possible operational issues including prior to the return of the BlackBerry Device. Data backup is YOUR responsibility and is not the responsibility of BlackBerry, the retailer through whom You purchased the BlackBerry Device, or the authorized service providers through whom YOU received servicing repair, or replacement of the BlackBerry Device including, without limitation, data lost or damaged through the use of synchronization software. PLEASE REMOVE ANY PERIPHERALS OR MEMORY AND/OR ANY PERSONAL OR CONFIDENTIAL INFORMATION PRIOR TO RETURNING YOUR BLACKBERRY  DEVICE. DURING THE SERVICING, REPAIR OR REPLACEMENT CONTENT ON YOUR BLACKBERRY DEVICE MAY BE DELETED AND/OR  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) AND ANY PERIPHERALS OR  MEMORY 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 BlackBerry Device.

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

When contacting BlackBerry or a BlackBerry authorized service provider via telephone charges may apply. YOU may be required to assist in diagnosing any problem with YOUR BlackBerry Device and/or provide proof of purchase evidencing that YOU are the original purchaser of the BlackBerry Device and the date and place of original purchase. Warranty service options, response times, and charges (if applicable) may differ by country. IF YOUR BLACKBERRY DEVICE IS RETURNED DURING THE WARRANTY PERIOD, BUT YOUR BLACKBERRY 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 BLACKBERRY 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 COSTS); AND
(C) THE WARRANTY REPAIR OR SERVICE, IF POSSIBLE, MAY TAKE LONGER THAN NORMAL TO COMPLETE.

Exclusive Remedies. EXCEPT TO THE EXTENT THAT BLACKBERRY 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 BLACKBERRY DEVICE, THIS LIMITED WARRANTY SETS OUT YOUR EXCLUSIVE REMEDIES FOR YOUR BLACKBERRY 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 EFFECT.

Limitation of Liability. EXCEPT TO THE EXTENT THAT BLACKBERRY 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 BLACKBERRY OR  ANYONE ACTING ON BEHALF OF OR WITH BLACKBERRY (INCLUDING, WITHOUT LIMITATION, IN RELATION TO THE MANUFACTURE, SUPPLY, DISTRIBUTION, SALE, REPAIR OR RETURN OF THE BLACKBERRY 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 BLACKBERRY DEVICE, EVEN IF BLACKBERRY OR ANYONE ACTING  ON BEHALF OF OR WITH BLACKBERRY 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  BLACKBERRY AND ANYONE ACTING ON BEHALF OF OR WITH BLACKBERRY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS  LIMITED WARRANTY SHALL NOT EXCEED IN AGGREGATE THE NET PURCHASE PRICE YOU PAID FOR THE BLACKBERRY DEVICE OR  THE COST OF REPLACING THE AFFECTED BLACKBERRY 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 grossly 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 INTERPRETATION, 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 BLACKBERRY ARISING FROM OR RELATING TO THIS LIMITED WARRANTY.

THE APPLICABLE LAWS OF THE COUNTRY AS SET FORTH IN THE TABLE BELOW SHALL APPLY BASED UPON WHERE YOU ARE  DOMICILED AND EXCLUDE ANYBODY 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 IN ACCORDANCE WITH THE RULES OF ARBITRATION IN THE  TABLE BELOW BASED UPON 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 ONE (1), 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 BLACKBERRY.

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 New York and You consent to arbitration located in New York, NY, USA in accordance with the London Court of  International Arbitration Rules. 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 BlackBerry will be used, processed, transmitted, and disclosed in accordance with BlackBerry’s Privacy Policy (available at http://www.blackberry.com/legal/privacy.shtml) in order to perform the warranty services described in this Limited Warranty. This may include obtaining YOUR information and the BlackBerry Device from service providers, retailers, resellers, and distributors involved in the chain of custody of the  BlackBerry Device upon which warranty services are performed, and transferring YOUR information and the BlackBerry Device to BlackBerry subsidiaries and affiliates or BlackBerry service providers.

Miscellaneous. If there is any conflict between this Limited Warranty and any other warranty provided to YOU including, without limitation, in the packaging of the BlackBerry Device, the provisions of this Limited Warranty shall be applied by BlackBerry 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.
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Manufacturers’ warranties may not apply in all cases, depending on factors such as the use of the product, where the product was purchased, or who you purchased the product from. Please review the warranty carefully, and contact the manufacturer if you have any questions.

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