Scope and Duration of Warranty

 

  1. Dialog Axiata PLC [PQ 38] (“Dialog”) warrants to the original purchaser (“Customer”) that the Mobile Device (“the Equipment”) purchased hereunder shall be free from defects in material and workmanship under normal use and service for a period of one (1) year (“Warranty Period), commencing from the date of purchase of the Equipment (“Limited Warranty”). Dialog at its option will, at no charge, either repair or replace the Equipment during the Warranty Period, provided the Equipment is returned in accordance with the terms of this Limited Warranty to any of the Dialog Technical Support Centres, the location details of which are specifically mentioned below.
  2. Unless otherwise specified in this Limited Warranty, this warranty shall be valid only in Sri Lanka.
  3. All decisions made by Dialog in respect of the servicing of the Equipment (including repairs, replacements or issued relating to defects or workmanship or materials) shall be conclusive and the Customer agrees to be bound by such decisions. Any defective Equipment or part thereof replaced shall become the property of Dialog.
  4. Dialog cannot be held responsible in any way for any ancillary equipment not provided by Dialog, which is attached to and used in connection with the Equipment or for the operation of the Equipment with any ancillary equipment.
  5. THIS LIMITED WARRANTY DOES NOT COVER:
    • 5.1. If the Equipment is not purchased from Dialog or its authorised distributors/dealer;
    • 5.2. If the defects caused by mishandling, abnormal use, abnormal condition, improper storage, exposure to moisture, liquid or dampness, corrosion, rust stain, exposure to excessive temperatures, sand, dust, dirt, other pollution or other environmental conditions, failure to follow precautions or proper operating instructions stated in the instruction manual such as improper installations use of any 3rd party repairs, misuse, neglect, abuse, accident, alteration, disassembly, acts of God, spill of food or liquids, maladjustment of customer controls or other acts which are beyond the reasonable control of Dialog, including deficiencies in consumable parts such as fuses and breakage or damage to antennas, unless caused directly by defects of materials or workmanship, and normal wear and tear of this Equipment;
    • 5.3. If the serial number of this Equipment has been removed, defaced or altered rendering it difficult to identify this Equipment;
    • 5.4. Improper testing, operation, maintenance, installation or any alteration or modification of the Equipment;
    • 5.5. If any alterations whatsoever had been effected to this Limited Warranty regarding the year, month and date of purchase, the name of the Customer, the name of dealer/distributor, and the serial number;
    • 5.6. If Dialog was not notified by the Customer of the alleged defect or malfunction of this Equipment during the Warranty Period;
    • 5.7. If this Equipment was used in connection with an accessory not supplied by Dialog, or used for purposes other than for which it is reasonably intended;
    • 5.8. Scratches or damages to plastic surfaces and all other externally exposed parts that are due to normal customer use;
    • 5.9. Software supplied with the Equipment;
    • 5.10. This Warranty Certificate is not returned together with the Equipment;

    All related cost incidental and incurred thereto (without limitation to spare part costs, maintenance cost, delivery etc.) shall be borne by the Customer.

  6. This Limited Warranty becomes void if :
    1. 6.1. The serial number or any of the seals on the Equipment and/or accessories are altered, defaced broken or show evidence of tampering;
    2. 6.2. The accessories are used with an equipment or service other than the Equipment for which it is specified;
    3. 6.3. Any term contained in this Limited Warranty has been altered or modified in any way without prior written consent of Dialog;
  7. This Limited Warranty is extended by Dialog to the Customer only and is not assignable or transferable to any subsequent purchase/customer.
  8. This Limited Warranty sets forth Dialog’s responsibilities regarding the Equipment.
  9. To the extent allowed by the applicable law, the remedies in this Limited Warranty are the Customer’s sole and exclusive remedies.
  10. IN NO EVENT SHALL DIALOG BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE EQUIPMENT OR FOR ANY LOSS OF USE, LOSS OF TIME, LOSS OF DATA, INCONVENIENCE, COMMERCIAL LOSS, LOSS OF PROFITS OR SAVINGS OR OTHER INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF ANTICIPATED BENEFITS OR PROFITS). NO WARRANTY IS MADE AS TO AND DIALOG ASSUMES NO RESPONSIBILITY AND LIABILITY FOR THE CELLULAR CARRIER’S RANGE, COVERAGE, DESIGN, GRADE OF SERVICE, AUDIO QUALITY, EQUIPMENT COMPATIBILITY, SYSTEM DOWN TIME OR BILLING PRACTICES. THE EXTERNAL HOUSING AND COSMETIC PARTS SHALL BE FREE OF DEFECTS AT THE TIME OF SHIPMENT AND THEREFORE SHALL NOT BE COVERED UNDER THESE WARRANTY TERMS.
  11. THIS LIMITED WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESS WARRANTIES AND CONDITIONS INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE DURATION OF THIS LIMITED WARRANTY. DIALOG ASSUMES NO LIABILITY FOR THE BREACH OF THE WARRANTY BEYOND CORRECTING THE BREACH IN THE MANNER DESCRIBED ABOVE. IN NO EVENT SHALL DIALOG BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES INCLUDING LOSS OF USE OR LOSS OF PROFITS RESULTING FROM THE EQUIPMENT OR TO THE FULL EXTENT SUCH MAY BE CLAIMED BY LAW.
  12. EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY, NO OTHER WARRANTY (EXPRESS OR IMPLIED) OR GUARANTEE GIVEN BY ANY OTHER PARTY IN RESPECT OF THE EQUIPMENT SHALL BIND DIALOG.
  13. The Customer shall be responsible for all charges incurred in returning the Equipment/accessory.
  14. If this Equipment is returned to any of the Dialog Technical Support Centres after the expiration of the Warranty Period, normal service policies of Dialog shall apply and the Customer shall be charged accordingly.
    1. 14.1. Dialog neither assumes for it any other obligation or liability beyond that which is expressly provided for in this Limited Warranty;
    2. 14.2. All warranty information, Equipment features and specifications are subject to change without notice;
  15. Dialog makes no representations or warranties, either expressed or implied, by or concerning any of the content of the Equipment.
  16. ACCESSORIES
    1. 16.1. The battery and the charger accompanying the original device (along with the Equipment) purchased by the Customer are warranted to be free from defects in workmanship and material for a period of six (6) months from the date of such sale.
    2. 16.2. The hands free kit purchased (independently of the Equipment) by the Customer or accompanying the Equipment purchased by the Customer are warranted to be free from defects in workmanship and material for a period of fourteen (14) days from the date of such sale. For avoidance of doubt, no warranty is given for other accessories except for which are specifically mentioned herein.
    3. 16.3. The replaced accessories are warranted only for the remaining unexpired Warranty Period of the accessories.