| 1) |
Cicada Mobile Pty Ltd ABN 35 117 809 131
(“Gecko”) warrants that this mobile phone (“Product”) will
be free from inherent defects in material and workmanship
that cause Product failure during normal domestic usage for
ONE (1) YEAR from the date of original purchase by the first
end-user (“Warranty Period”), according to the following
terms: |
| 2) |
This limited warranty extends only to the
original end-user purchaser (“You”) of the Product and may
not be assigned or transferred to any subsequent purchaser
or user. This limited warranty is valid and enforceable only
in the country in which You purchased the Product. |
| 3) |
This limited warranty is in addition to, and
does not exclude or modify, any non-excludable statutory
rights which You may have. |
| 4) |
Upon request from Gecko You must prove the
date of the original purchase of the Product by a dated
invoice or receipt. |
| 5) |
During the Warranty Period Gecko will, if
this limited warranty applies, repair or replace the
Product, or pay You the cost of doing so, as it considers
appropriate. If it repairs or replaces the Product, Gecko
will be responsible for parts and labour to repair or
replace the Product or defective parts of the Product. |
| 6) |
You must bear the cost of shipping the
Product to Gecko or Gecko’s authorised return centre. Gecko
will bear the cost of shipping the Product back to You after
completion of service, provided the repairs were required to
be performed under this limited warranty. |
| 7) |
This limited warranty does not apply if any
of the following circumstances occur: |
| |
a. |
The Product has been subjected to abnormal use or
conditions, improper storage, exposure to moisture or
dampness, unauthorised modifications, unauthorised
connections, unauthorised repairs, misuse, neglect, abuse,
accident, alteration, improper installation, or other acts
that are not the fault of Gecko (including damage caused by
shipping). |
| |
b. |
The Product has been damaged by external causes such as
liquid, water, collision with an object, or from fire,
flooding, sand, dirt, windstorm, lightning, or exposure to
weather conditions; battery leakage; theft; blown fuse or
improper use of any electrical source; computer or internet
viruses, bugs, worms, Trojan Horses, cancelbots; or
connection to products not recommended by Gecko. |
| |
c. |
Defects caused by physical damage to the surface of the
Product, including scratches or cracks in or to the outside
housing or the LCD display. |
| |
d. |
You did not advise Gecko in writing of the alleged
defects before the expiration of the Warranty Period. |
| |
e. |
The Product serial number plate or the accessory data
code has been removed, defaced or altered. |
| |
f. |
The defect was caused by the defective function of the
cellular system or by inadequate signal reception. |
| 8) |
If a defect develops during the
Warranty Period, You should take the following step-by-step
procedure: |
| |
i. |
Return the Product to the place of purchase for repair
or replacement or go to the FAQs section of this website for
further details. You should copy to another device and
delete from the Product any sensitive data that You have
stored in the Product prior to sending the Product for
repair or replacement. |
| |
ii. |
If return to the place of purchase is not convenient due
to distance, go to the FAQs section of this website for
further details. |
| |
iii. |
Ship the Product prepaid and insured at Your expense.
Shipping expenses and expenses related to removing the
Product from an installation are not covered under this
limited warranty. |
| 9) |
If the Product is covered by
this limited warranty, Gecko will at its option return the
repaired or replaced Product to You at Gecko’s expense or
pay You the cost of repair or replacement. You are
responsible for any expenses related to reinstallation of
the Product. |
| 10) |
If the Product is covered by
this limited warranty, Gecko will repair or authorise the
repair of the Product under this limited warranty within
thirty (30) days of receipt of the Product. If Gecko cannot
perform the repairs covered under this warranty within
thirty (30) days, Gecko will provide a replacement Product. |
| 11) |
If the Product is returned
after the expiration of the Warranty Period, or if the
Product is returned during the Warranty Period but the
problem with the Product is not covered under the terms of
this limited warranty, Gecko will so notify You and provide
an estimate of the charges You must pay to repair the
Product, including return shipping charges. You must pay
these charges in order for Gecko to repair the Product. If
You do not wish to have the Product repaired Gecko will
return the Product freight collect. |
| 12) |
A repaired Product may consist
of used components, some of which have been reprocessed. All
used components comply with Product performance and
reliability specifications. |
| 13) |
Returning a Product for
warranty repair or replacement will not extend the Warranty
Period. |
| 14) |
To the extent permitted by law,
the remedies in this limited warranty are Your sole and
exclusive remedies for breach of warranty. |
| 15) |
Without limiting paragraph 10,
to the extent permitted by law, in no event will Gecko be
liable for special, incidental, consequential or punitive
damages, including loss of anticipated profits or benefits,
loss of savings or revenue, loss of use of the Product or
associated equipment, loss of data, cost of capital, cost of
any substitute equipment or facilities, downtime, the claims
of any third parties, including customers, or injury to
property, resulting from the purchase or use of the Product
or arising from breach of the warranty, breach of contract,
negligence, strict liability, or any other legal or
equitable principle, even if Gecko knew of the likelihood of
such damages. Gecko will not be liable for delay in
rendering service under this limited warranty, or loss of
use during the period that the Product is being repaired or
replaced or for loss, in connection with the repair or
replacement, of data stored in the Product. |
| 16) |
This limited warranty
supersedes all other agreements or understandings, oral or
written, and all other communications between Gecko and You
relating to the Product. No representative of Gecko or any
third party seller of Gecko products may modify these terms,
either orally or in writing. |
