EEA Warranty terms and conditions

For the purpose of this warranty references to “Supplier” means RugGear who is the supplier of the warranty; references to “Mobile Phone” mean the mobile telephone which this Warranty accompanies, the details of which appear at the end of this document; references to “You” and Your” means you the purchaser of the mobile Phone. For further information on how to claim warranty, please contact your Distributor.

  1. 1. THE TERMS OF THIS WARRANTY DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER ANY APPLICABLE NATIONAL LAWS.
  2. 2. Your Mobile Phone is warranted to be free from defects in material and workmanship arising under normal use and service, for 24 months (or 6 months for batteries) from the original date of receipt of Your Mobile Phone when brand new.
  3. 3. Supplier’s obligation under this warranty shall be to repair or replace the Mobile Phone or any components free of charge, in the event   of any failure or defect covered by the warranty arising during the warranty period, unless repair or replacement is impossible or disproportionate in relation to its cost.
  4. 4. Supplier may use newly manufactured or a refurbished service part at its option to repair Your Mobile Phone.
  5. 5. This warranty is valid in the European Union in countries where your Mobile Phone is sold in relation to the Mobile Phone for which your warranty has been registered. It is the Mobile Phone that is warranted rather than the owner.
  6. 6. Supplier, its authorised resellers (“Authorised Resellers”) and authorised service centres (“Authorised Service Centres”) reserve the right  to request proof of purchase (e.g. a paid and dated invoice) showing dealers name, model and serial number before providing any warranty confirmation.
  7. 7. Any Mobile Phone or component repaired or replaced under the warranty shall be subject to the balance of the original warranty period applying to the Mobile Phone or component. As regards the fault(s) which gave rise to the repair, the warranty period shall be extended for three months from the date of delivery of the repaired item as regards that fault or faults, if greater than the remaining original   warranty period. All Mobile Phones and components replaced under warranty shall become Supplier’s property.
  8. 8. The warranty is not applicable in cases other than defects in material, design and workmanship. This warranty does not cover the following:
    • a. accidental damage, improper use, or any modification, adaptation or neglect caused by You including but not limited to failure to use this product for its usual purposes or failure to follow Supplier’s instructions for usage and maintenance or
    • b. wear and tear or
    • c. periodic maintenance or check-ups or
    • d. upgrading of software as a result of changes in network parameters or
    • e. failure of the product due to incorrect installation or use not consistent with current technical or safety standards, or failure to follow product manual instructions or
    • f. acts of God or any cause beyond the Supplier’s control caused by but not limited to water, fire, smoke, lightning, public disturbances and lack of ventilation or
    • g. unauthorised modifications carried out on Your Mobile Phone to comply with localised technical standards in countries which Your Mobile Phone was not originally designed or
    • h. damage to the battery of Your Mobile Phone caused by overcharging or failure to use the battery in accordance with the care instructions outlined in the product manual or
    • i. damage to You Mobile Phone caused by charging Your Mobile Phone battery by any means other than a battery charger approved by Supplier or
    • j. any sealing of the battery housing or battery cells are broken or have been tampered with or
    • k. exposure to moisture, dampness immersion or extreme temperatures or environmental conditions or rapid changes in these conditions or
    • l. food or liquid spillage that exceed the limits specified under the applicable IP Code (International Protection Marking) or United States Military Standard (MIL-STD) for Your Mobile Phone. This also applies to the hardware casing. Should you claim a repair that is not covered under the warranty terms, any of Supplier, Authorised Reseller or the Authorised Service Centre may charge you the costs of the repair.
  9. 9. You must make sure you have a full back up of your data on external media or synchronised personal computer at Your disposal before You send back Your Mobile Phone to Supplier for warranty issue. It is Your responsibility to obtain the express consent of any individuals whose data is stored on Your Mobile Phone to the transfer of that data to the Supplier or to delete that data prior to handing over Your Mobile Phone for repair or replacement. Supplier shall not be held responsible for ensuring that the SIM card is removed from Your Mobile Phone and for saving any stored data on the SIM card.
  10. 10. This warranty shall be inapplicable if failure of the Mobile Phone or component has resulted from service, maintenance or repair (including opening of Your Mobile Phone) other than by Supplier, an Authorised Reseller or Authorised Service Centre, or if the Mobile Phone or component labels, serial/IMEI number, or product numbers have been removed, altered or obscured or otherwise made illegible.
  11. 11. Except to the extent implied by applicable law, Supplier makes no warranty or representation with respect to any pre-installed software,  its quality, performance, merchantability, or fitness for a particular purpose. Nor does Supplier warrant that the functions contained in the software will meet your specific requirements or that the operation of the software will be uninterrupted or error free. Asa result, unless otherwise stated in writing, the software is sold “as is”.
  12. 12. Except for the express warranty provided, Supplier, its Authorised Resellers or Authorised Service Centres do not issue any warranty or  guarantee for your Mobile Phone.
  13. 13. Supplier expressly disclaims and excludes all conditions, warranties and other terms with regard to the Mobile Phone, including, but not limited to, in every case whether express or implied by statute, common law, custom, collaterally or otherwise, to the fullest extent permitted by applicable law. In particular, but without limit to the generality of the foregoing exclusion, any conditions, warranties and other terms as to ownership of any software, as to price and / or non-infringement of third party rights are excluded whether in contract or tort. Any implied warranties that may be imposed by applicable law are limited in duration, subject to such applicable law, to the term   of the express limited warranty given by Supplier.
  14. 14. Also, Supplier does not warrant that operation of the Mobile Phone linked to a PC will be uninterrupted or error free. You must read and follow all set-up and usage instructions in the Mobile Phone instruction and user’s manuals, as provided. If you fail to do so, the Mobile Phone may not function properly and you may lose data or suffer other damage.
  15. 15. To the maximum extent permitted by applicable law, and except as provided herein in no event shall Supplier, Authorised Resellers,   Authorised Service Centres or the manufacturer be liable for damage to, or loss or corruption of, records, programs, data or removable   storage media including the cost of recovering such programs or data (including damages for loss of business profits, loss of revenue, loss of data, loss of software, the cost of software reconfiguration, loss of savings or anticipated savings or other special, incidental, exemplary or consequential damages) whether for breach of warranty, contract, strict liability, tort or otherwise arising out of or resulting from the use of or inability to use the Mobile Phone and/or the enclosed materials (including any software and all written materials such as the safety instruction and user’s manuals), even if Supplier, Authorised Resellers, Authorised Service Centres or manufacturer, have been advised of the possibility of such damages or of any claim by any third party.
  16. 16. In any event, and to the fullest extent permitted by applicable law, any liability of Supplier’s Authorised Resellers, Authorised Service Centres or manufacturer which is not excluded shall be limited to the purchase price of the Mobile Phone.
  17. 17. Nothing in this warranty attempts to exclude or reduce the Supplier’s liability for personal injury or death caused by or arising from its negligence or from fraudulent misrepresentation and as otherwise required by applicable law.
  18. 18. In the unlikely event of experiencing any anomalies with your Mobile Phone, please visit our website for further guidance.