The terms of this document (Limited Warranty) are supplemental to and in addition to the Supplier’s standard terms and conditions of sale (Terms of Sale).
In this Limited Warranty, reference to a “Product” is a reference to an item of Goods supplied by the Supplier under the Terms of Sale. Otherwise, expressions defined in the Terms of Sale shall have the same meaning in this Limited Warranty.
This Limited Warranty is only provided by the Supplier in respect of Products where the Pro Forma Invoice for those Products states “Goods supplied with the benefit of Limited Warranty”. If no such statement appears on a Pro Forma Invoice, the Customer is not entitled to make a claim under this Limited Warranty.
2. What is covered
The Supplier warrants, to the Customer (for the Customer’s benefit only) that (subject to the terms of this Limited Warranty), the Product is free from defects in material and workmanship under normal use and service for the warranty period. The warranty period commences on the original date of purchase by the Customer and is valid for 12 months from the date of delivery.
The Customer shall not be entitled to transfer the benefit of this Limited Warranty to any end user of Products.
The Supplier’s decision (acting reasonably) as to whether a Product defect is covered by this Limited Warranty shall be final and binding.
3. Initial Inspection Period
Subject to paragraph 4(a), this warranty is in addition to clause 5 of the Terms of Sale.
4. What is not covered
This Limited Warranty is conditional upon proper use of the Product. This Limited Warranty does not cover:
(a) any defect or damage which should have been identified by the Customer and notified to the Supplier under clause 5 of the Terms of Sale;
(b) defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, improper storage, improper exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress;
(c) scratches, dents and cosmetic damage;
(d) defects or damage resulting from excessive force or use of a metallic object when pressing on a touch screen;
(e) equipment that has the serial number or the enhancement data code removed, defaced, damaged, altered or made illegible;
(f) ordinary wear and tear;
(g) defects or damage resulting from the use of Product in conjunction or connection with accessories, products, or ancillary/peripheral equipment;
(h) defects or damage resulting from improper testing, operation, maintenance, installation, service, or adjustment not furnished or approved by the Supplier, including but not limited to installation of unauthorized software and unauthorized root access, both of which shall void this limited warranty;
(i) defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, blown fuse, or improper use of any electrical source; or.
(j) defects or damage to the Face ID or Touch ID.
This Limited Warranty does not cover any battery if:
(a) the battery has been charged by a battery charger not specified or approved by the original device manufacturer for charging the battery;
(b) any of the seals on the battery are broken or show evidence of tampering; or
(c) the battery has been used in equipment other than the device for which it is specified.
5. XO Brands Obligations
During the applicable warranty period, provided the Product is returned in accordance with the terms of this Limited Warranty, the Supplier will repair or replace the Product, at the Supplier’s sole option, without charge.
The Supplier will use its reasonable endeavours to complete the repair, replacement or refund within 5 working days and to return the Product back to the Customer as soon as the work is completed using a next day courier service.
The Supplier may use reconditioned or third-party parts or components when repairing any Product, or may replace the Product with a reconditioned or used Product of the same cosmetic grade. The Supplier may also replace the Product with Products of the same or better model or grade and/or in alternative colours. In the event that neither a repair nor replacement is possible, the Supplier, reserves the right, at its sole discretion, to credit the purchase price of the relevant returned Product.
6. The Customer’s Obligations
The Customer is responsible for screening all potential warranty claims from its customers, before submitting a claim to the Supplier and arranging and paying to ship the goods to the Supplier. Screening is required to confirm that all items mentioned in section 4 – What is not Covered - are not present/being used as a basis for the claim. For clarity, and without prejudice to the items mentioned in section 4, the Customer will confirm in writing before returning a Product to the Supplier that none of the following issues are present:
(a) water damage;
(b) consumer abuse/misuse;
(c) consumer damage; or
(d) iCloud locked/ Find my iPhone locked.
The Customer is responsible for ensuring all phones returned to the Supplier have any software lock such as iCloud/ Find my iPhone lock removed.
In the event that any Product is received that in the opinion of the Supplier has not been properly screened and/or is defective due to any item mentioned in Section 4 and/or is not covered by this Limited Warranty, the Supplier reserves the right to reject the claim and send the Product back to the Customer.
7. Claiming under this Limited Warranty
To obtain service under this Limited Warranty, the Customer must:
(a) return the Product to the Supplier, at it’s own cost, in an adequate container for shipping.
(b) ensure that the Product is free of any software locks that hinder the ability to boot and access the full functionality of the device. Examples of such locks are: • iCloud (or equivalent) linked device screen lock;
• Apple Find my Phone (or equivalent) lock;
• Samsung Find My Phone (or equivalent) lock;
• Google Find my phone (or equivalent) lock.
• (a) The Customer is responsible for backing up all existing data (including apps and other software) and removing all data from a Product before returning it to the Supplier. The Supplier is not responsible for any data loss while any Product is in the possession of the Supplier.
• (b) The Supplier accepts no responsibility with regards to any data that remain on any Product.
9. What are the limits on NaijaPhones’ liability?
This Limited Warranty sets out the full extent of the Supplier’s responsibilities, and the exclusive remedy regarding the Products.
All implied warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose, are limited to the duration of this limited warranty. In no event shall the Supplier be liable for damages in excess of the purchase price of the Product or for, without limitation, commercial loss of any sort; loss of use, time, data, reputation, opportunity, goodwill, profits or savings; inconvenience; incidental, special, consequential or punitive damages; or damages arising from the use or inability to use the Product.
The Supplier makes no warranties or representations, express or implied, statutory or otherwise, as to the quality, capabilities, operations, performance or suitability of any third-party software or equipment used in conjunction with the product, or the ability to integrate any such software or equipment with the product, whether such third-party software or equipment is included with the product distributed by the Supplier or otherwise. Responsibility for the quality, capabilities,
operations, performance and suitability of any such third-party software or equipment rests solely with the user and the direct vendor, owner or supplier of such third-party software or equipment.
Nothing contained in any user manual or any other document shall be construed to create an express warranty of any kind with respect to the Product. No Customer, agent, employee, dealer, representative or reseller is authorized to modify, extend or transfer the benefit of this Limited Warranty or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of the Supplier regarding the Products or this Limited Warranty.