Warranty Claim

MTR – Refurbished Handset

Warranty Information

For the purpose of this warranty, references to “Supplier” mean MTR Group Limited who is providing a warranty service; references to “Handset” mean the handset which this Warranty accompanies, the details of which appear at the end of this document; references to “You” and “Your” means you the owner/purchaser of the Handset; references to “Manufacturer” mean the original Manufacturer of the Handset. For further information on how to claim under this warranty, please visit www.mtr.co.uk/warranty-claim.

1. THE TERMS OF THIS WARRANTY DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER ANY APPLICABLE NATIONAL LAWS.

2. Your Handset is warranted to be free from defects in material and workmanship arising under normal use and service, for 12 months from the original date of receipt of Your Handset when purchased.

3. Supplier’s obligation under this warranty shall be to repair or replace the Handset or any components free of charge to You, 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. Supplier may use newly manufactured or a refurbished service parts at its option to repair the Handset.

5. This warranty is valid in the United Kingdom.

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 receipt) showing the model and serial number before providing any warranty confirmation.

7. Any Handset or component repaired or replaced under the warranty shall be subject to the balance of the original warranty period applying to the Handset or component. As regards the fault(s) which gave rise to the repair, the warranty period shall not be extended beyond the remaining original warranty period. All Handsets and components replaced under warranty shall become Supplier’s property.

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 the Handset for its usual purposes or (b) wear and tear or (c) periodic maintenance or checkups or (d) upgrading of software as a result of changes in network parameters or (e) failure of the Handset due to incorrect installation or use not consistent with current technical or safety standards 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 Handset to comply with localised technical standards in countries which Your Handset was not originally designed or (h) damage to the battery of Your Handset caused by overcharging or failure to use the supplied cable with an original Manufacturer approved three pin plug or (i) damage to Your Handset caused by charging Your Handset by any means other than a charger provided or approved by the Manufacturer or (j)  exposure to moisture, dampness or extreme temperatures or environmental conditions or rapid changes in these conditions or (k) food or liquid spillage. 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. You must make sure you have a full backup of your data on external media or synchronised personal computer at your disposal before You send back Your Handset for warranty issues. It is your responsibility to obtain the express consent of any individuals whose data is stored on Your Handset to the transfer of that data to the Supplier or to delete that data prior to handing over Your Handset for repair or replacement.

10. This warranty shall be inapplicable if failure of the Handset or components have resulted from service, maintenance or repair (including opening of Your Handset) other than by Supplier, an Authorised Reseller or Authorised Service Centre, or if the Handset or component labels, serial number, or product numbers have been removed, altered or obscured or otherwise made illegible.

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. As a result, unless otherwise stated in writing, the software is sold “as is”.

12. Except for the express warranty provided, Supplier, its Authorised Resellers or Authorised Service Centres do not issue any warranty or guarantee for Your Handset.

13. Supplier expressly disclaims and excludes all conditions, warranties and other terms with regard to the Handset, 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. 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 Handset 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.

15. 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 Handset.

16. 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.

17. In the unlikely event of experiencing any anomalies with Your Handset, please visit our support website at www.mtr.co.uk/warranty-claim for further guidance. The foregoing does not affect your statutory rights.

Supplier Registered Address:
MTR Group Limited
Technology House
Magnesium Way
Hapton
Burnley
BB12 7BF

Supplier Return Address:
MTR Group Limited
10 Spire Green Centre
Harlow
Essex
CM19 5TR