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Total Wireless Limited Warranty: Phone and Accessory Coverage and Repair, Lecture notes of Remedies

The terms and conditions of the one-year limited warranty for new or reconditioned total wireless phones and ninety-day limited warranty for accessories. It covers defects in materials and workmanship, and provides instructions on how to obtain warranty service. The warranty does not cover loss of personal data or damage caused by external factors or unauthorized modifications.

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2021/2022

Uploaded on 09/12/2022

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TOTAL WIRELESS
LIMITED WARRANTY
A new or reconditioned Total Wireless Phone is covered by a one year limited warranty administered by
TracFone Wireless, Inc. Total Wireless accessories have a ninety (90) day limited warranty against
defects in materials and workmanship under normal use by the purchaser. You may obtain warranty
service directly from Total Wireless. Certified pre-owned phones are not covered by a limited warranty but
may be returned for a refund within 30 days of purchase. A phone registered with Total Wireless under
the “Bring Your Own Device” program is also not covered by Total Wireless.
How To Obtain Warranty Service. To obtain warranty service from Total Wireless on a new or
reconditioned Total Wireless phone or accessory purchased from Total Wireless, please contact
Customer Care at 1-866-663-3633. If your problem cannot be resolved over the phone, our Total
Wireless technicians will provide you with a Return Authorization Number, which you will use to send your
phone and/or accessories to the designated Service Center for repair or replacement, at Total Wireless’s
option.
Terms of Limited Warranty. Total Wireless warrants that your Total Wireless phone or accessory
(“Product”) is free from defects in material and workmanship that result in Product failure during normal
usage, according to the following terms and conditions:
1. The limited warranty for a new or reconditioned Total Wireless Phone extends for one (1) year
Beginning on the date of the purchase of your new or reconditioned Total Wireless Phone. The limited
warranty on a Total Wireless accessory extends for ninety (90) days beginning on the date of the
purchase of your Total Wireless accessory.
2. The limited warranty offered by Total Wireless extends only to the original purchaser (“Consumer”) of
the Product and is not assignable or transferable to any subsequent purchaser/end-user. The limited
warranty extends only to Consumers who purchase the Product in its original packaging from an
authorized dealer. Upon request from Total Wireless, the Consumer must prove the date of the original
purchase of the Product by a dated bill of sale or dated itemized receipt.
3. During the limited warranty period, Total Wireless will replace or repair, at Total Wireless’s sole option,
any defective Products or parts (except as excluded below), or any Products or parts that will not properly
operate for their intended use (except as excluded below) with new or refurbished Products or parts if
such replacement or repair is needed because of Product malfunction or failure during normal usage. The
limited warranty does not cover loss of personal information, passwords, contacts, music, ringtones,
pictures, videos, applications or other content, memory cards, software, defects in appearance, cosmetic,
decorative or structural items, including framing, and any non-operative parts. Total Wireless’s limit of
liability under this limited warranty is the actual cash value of the Product at the time the Consumer
returns the Product to Total Wireless for repair, determined by the price paid by the Consumer for the
Product less a reasonable amount for usage. Total Wireless shall not be liable for any other losses or
damages. These remedies are the Consumer’s exclusive remedies for breach of warranty.
4. The Consumer shall have no coverage or benefits under this limited warranty if any of the following
conditions are applicable:
(a) The Product has been subjected to abnormal use, abnormal conditions, improper storage, exposure to
moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair,
misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of
Total Wireless, including damage caused by shipping.
(b) The Product has been damaged from external causes such as collision with an object, or from fire,
flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather conditions, an
act of God, or battery leakage, theft, blown fuse, or improper use of any electrical source, damage caused
by computer or internet viruses, bugs, worms, Trojan Horses, cancelbots or damage caused by the
connection to other products not recommended for interconnection by Total Wireless.
(c) Total Wireless was not advised in writing of the alleged defect or malfunction of the Product within
fourteen (14) days after the expiration of the applicable limited warranty period.
(d) The Product serial number plate or the enhancement data code has been removed, defaced or
altered.
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TOTAL WIRELESS

LIMITED WARRANTY

A new or reconditioned Total Wireless Phone is covered by a one year limited warranty administered by TracFone Wireless, Inc. Total Wireless accessories have a ninety (90) day limited warranty against defects in materials and workmanship under normal use by the purchaser. You may obtain warranty service directly from Total Wireless. Certified pre-owned phones are not covered by a limited warranty but may be returned for a refund within 30 days of purchase. A phone registered with Total Wireless under the “Bring Your Own Device” program is also not covered by Total Wireless.

How To Obtain Warranty Service. To obtain warranty service from Total Wireless on a new or reconditioned Total Wireless phone or accessory purchased from Total Wireless, please contact Customer Care at 1-866-663-3633. If your problem cannot be resolved over the phone, our Total Wireless technicians will provide you with a Return Authorization Number, which you will use to send your phone and/or accessories to the designated Service Center for repair or replacement, at Total Wireless’s option.

Terms of Limited Warranty. Total Wireless warrants that your Total Wireless phone or accessory (“Product”) is free from defects in material and workmanship that result in Product failure during normal usage, according to the following terms and conditions:

1. The limited warranty for a new or reconditioned Total Wireless Phone extends for one (1) year Beginning on the date of the purchase of your new or reconditioned Total Wireless Phone. The limited warranty on a Total Wireless accessory extends for ninety (90) days beginning on the date of the purchase of your Total Wireless accessory. 2. The limited warranty offered by Total Wireless extends only to the original purchaser (“Consumer”) of the Product and is not assignable or transferable to any subsequent purchaser/end-user. The limited warranty extends only to Consumers who purchase the Product in its original packaging from an authorized dealer. Upon request from Total Wireless, the Consumer must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt. 3. During the limited warranty period, Total Wireless will replace or repair, at Total Wireless’s sole option, any defective Products or parts (except as excluded below), or any Products or parts that will not properly operate for their intended use (except as excluded below) with new or refurbished Products or parts if such replacement or repair is needed because of Product malfunction or failure during normal usage. The limited warranty does not cover loss of personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content, memory cards, software, defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts. Total Wireless’s limit of liability under this limited warranty is the actual cash value of the Product at the time the Consumer returns the Product to Total Wireless for repair, determined by the price paid by the Consumer for the Product less a reasonable amount for usage. Total Wireless shall not be liable for any other losses or damages. These remedies are the Consumer’s exclusive remedies for breach of warranty. 4. The Consumer shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable: (a) The Product has been subjected to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of Total Wireless, including damage caused by shipping. (b) The Product has been damaged from external causes such as collision with an object, or from fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather conditions, an act of God, or battery leakage, theft, blown fuse, or improper use of any electrical source, damage caused by computer or internet viruses, bugs, worms, Trojan Horses, cancelbots or damage caused by the connection to other products not recommended for interconnection by Total Wireless. (c) Total Wireless was not advised in writing of the alleged defect or malfunction of the Product within fourteen (14) days after the expiration of the applicable limited warranty period. (d) The Product serial number plate or the enhancement data code has been removed, defaced or altered.

(e) The defect or damage was caused by the defective function of the cellular system or by inadequate signal reception by the external antenna, or viruses or other software problems introduced into the Product. (f) The Product is outside of the one (1) year Limited Warranty period.

5. Total Wireless does not warrant uninterrupted or error-free operation of the Product or service. Total Wireless cannot and does not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur. If a problem develops during the limited warranty period, the Consumer shall contact Total Wireless Customer Care for repair or replacement processing of the Product. Total Wireless shall, at its discretion, provide a replacement product that may consist of a refurbished phone of the same model if available, or of a comparable model. 6. You (the Consumer) understand that the product may consist of refurbished equipment that contains used components, some of which have been reprocessed. The used components comply with Product performance and reliability specifications. 7. TOTAL WIRELESS EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE LIMITED WARRANTY SET FORTH HEREIN IS THE CONSUMER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. TOTAL WIRELESS SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, SAVINGS OR REVENUE, LOSS OF DATA OR USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL OR SUBSTITUTE EQUIPMENT OR FACILITIES, INJURY TO PROPERTY DOWNTIME, OR THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT AND/OR SERVICE OR ARISING FROM BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF TOTAL WIRELESS KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. TOTAL WIRELESS SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS RETURNED FOR REPLACEMENT OR WARRANTY SERVICE OR FOR THE LOSS OR UNAUTHORIZED USE OF CUSTOMER PASSWORDS, PERSONAL INFORMATION, CONTACTS, PICTURES, VIDEOS, APPLICATIONS, MUSIC, RINGTONES AND OTHER CONTENT. 8. Some states do not allow the exclusion or limitation of incidental and consequential damages, so certain of the above limitations or exclusions may not apply to you (the Consumer). This limited warranty gives the Consumer specific legal rights and the Consumer may also have other rights which vary from state to state. 9. Total Wireless neither assumes nor authorizes any authorized service center or any other person or entity to assume for it any other obligation or liability beyond that which is expressly provided for in this limited warranty including the provider or seller of any extended warranty or service agreement. 10. This is the entire warranty between Total Wireless and the Consumer, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms. 11. This limited warranty allocates the risk of failure of the Product between the Consumer and Total Wireless. The allocation is recognized by the Consumer and is reflected in the purchase price.

Version: 051816