Audiovox Warranty Details

[Guest Abecedarian]

There are a few questions that have been bugging me about my Audiovox SMT5600's warranty:

{i} Does a small scratch on the screen invalidate the warranty and/or option of having a replacement phone sent (waiting two weeks for a repair is crazy) if the reason for the claim – such as dust – has nothing to do with the scratch? Will they be able to charge me extra when they see that my returned phone has a scratch in addition to my reason for the claim, excessive dust?

{ii} Does SIM-Unlocking invalidate the warranty?

{iii} As Audiovox claims, is Cingular now responsible for covering my warranty? Because I bought my phone under an AT&T plan, I've had decent dealings with Audiovox in the past, and don't quite trust Cingular. For example, when I called Cingular they hassled me about whether my phone had ever been dropped. Yes, it had been, but such an issue had absolutely nothing to do with my claim. Frankly, I would prefer to deal with Audiovox directly rather than going through the Cingular -> Audiovox -> HTC chain!

Now, instinctively the answers to all these questions should be Yes, but I am not quite so sure. At the end of this post, I've included a scanned transcription of the warranty. Now, let's take a look at each of these.

(1) A Scratch in the Screen

This limited warranty does not apply to physical damage to the surface of the product, including breakage, cracks or scratches on the LCD or outside casing. This limited warranty also does not extend to any product from which the serial number has been removed or to any product that has been: (a) damaged or rendered detective by misuse, abuse, accident or other external causes; (b) subjected to unauthorized modification, alteration or repair: or, © operated In an unsuitable environment or In a manner for which it is not intended. Purchasers will be charged for all product repairs for damage or failure not covered by this limited warranty.

Okay, so the scratch isn't grounds for having my phone replaced. But it also doesn't state that having a scratch invalidates my claim, either. If they send me a replacement, and then see that my returned phone also has a scratched, I don't see why this would allow them to fine me. These seems legally analogous to simply having slightly worn buttons, which never seems to have been an issue before.

So, in my view, having a scratched screen is okay so long as it in particular is not the basis for requesting a replacement phone (trust me, it isn't).

(2) SIM Unlocking

I've read all over that unlocking one's phone invalidates the warranty. But I am not quite sure that this applies to phones covered by Audiovox.:

Audiovox shall not be responsible for Purchaser’s software, firmware, information or memory data contained in, stored on, or integrated with any products returned to Audiovox for repair, whether under warranty or not.

If they aren't responsible for fixing my firmware, then I don't see why they could invalidate my warranty because I've hacked it. Audiovox only seems interested in the hardware, which makes sense given that they are not both the distributor and service providor, as is the case for Orange.

(3) Cingular Taking Over

I'm sorry, but isn't the warranty expressly a contract between the “Purchaser” and “Audiovox”:

Audiovox Communications Corp. (“Audiovox”) warrants to the original retail purchaser (“Purchaser”) that this Audiovox product will be free from defects in materials and workmanship under normal use for one year from the date at original purchase from Audiovox or an Audiovox authorized reseller.

I don't see any clause here allowing them to pass responsibility onto Cingular. Unless given a persuasive reason why I should deal with Cingular, this seems like a breach of contract on Audiovox's part. I know Audiovox doesn't throw fits about worn keys, but haven't heard the best of stories about Cingular. I'll stick with the demons I know, thank you very much.

Anyways, I'd appreciate people's thoughts on this.

~Abecedarian

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Before posting the full warranty, there are two places the warranty is mentioned in the manual:

p2:

YOUR WARRANTY IS INVALIDATED IF YOU OPEN OR TAMPER WITH THE DEVICE’S OUTER CASING. (For more information, see the enclosed warranty statement.)

p190

Modifications

The FCC requires the user to be notified that any changes or modifications made to the device that are not expressly approved by High Tech Computer Corporation may void the user’s authority to operate the equipment.

And now, for the behemoth itself. And yes, it really does end with the word "other", no punctuation:

AUDIOVOX COMMUNICATIONS CORP.

ONE YEAR LIMITED WARRANTY

Audiovox Communications Corp. (“Audiovox”) warrants to the original retail purchaser (“Purchaser”) that this Audiovox product will be free from defects in materials and workmanship under normal use for one year from the date at original purchase from Audiovox or an Audiovox authorized reseller. Your dated sales receipt showing the date of purchase is your proof of the purchase date.

WARRANTY LIMITAT1ONS

Within the first twelve (12) months from date of purchase, Audiovox’s sole obligation under this express warranty shall be to repair or replace the defective product or parts (with new or rebuilt parts). If neither repair nor replacement Is reasonably available, Audiovox may in its sole discretion, refund to Purchaser the purchase price paid for the product.

To obtain repairs or replacement within the terms of this warranty, the product should be delivered with proof of Warranty coverage (e.g. dated bill of sale), the consumer’s return address, daytime phone number and/or fax number and complete description of the problem, transportation prepaid, to the Company at the address shown below or to the place of purchase for repair or replacement processing.

THE EXTENT OF AUDIOVOX’S LIABILITY UNDER THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT AS PROVIDED ABOVE AND, IN NO EVENT, SHALL AUDIOVOX’S LIABIUTY EXCEED THE PURCHASE PRICE PAID BY PURCHASER FOR THE PRODUCT.

Accessory products, including those listed In the applicable Audiovox catalogue, are not covered under this Limited Warranty.

Audiovox shall not be responsible for Purchaser’s software, firmware, information or memory data contained in, stored on, or integrated with any products returned to Audiovox for repair, whether under warranty or not. Audiovox is not liable for any damages caused by the product or the failure of the product to perform, including lost profits, lost savings, incidental damages or consequential damages. Audiovox is not liable for any claim made by a third party or made by you for a third party.

This limited warranty does not apply to physical damage to the surface of the product, including breakage, cracks or scratches on the LCD or outside casing. This limited warranty also does not extend to any product from which the serial number has been removed or to any product that has been: (a) damaged or rendered detective by misuse, abuse, accident or other external causes; (b) subjected to unauthorized modification, alteration or repair: or, © operated In an unsuitable environment or In a manner for which it is not intended. Purchasers will be charged for all product repairs for damage or failure not covered by this limited warranty.

ANY IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY SHALL BE LIMITED TO THE DURA11ON OF THIS WRITEN WARRANTY. ANY ACTION FOR BREACH OF ANY WARRANTY HEREUNDER INCLUDING ANY IMPLIED WARRANTY FO MERCHANTABILITY MUST BE BROUGHT WITHIN A PERIOD OF 24 MONTHS FROM DATE OF ORIGINAL PURCHASE. IN NO CASE SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, WHATSOEVER.

Some states or jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages for consumer products so the above exclusions or limitations may not apply to you. This Limited Warranty gives you specific legal rights. and you may also have other rights that may vary from state to state or jurisdiction to jurisdiction. You are advised to consult applicable laws for a full determination of your rights.

SOFTWARE

THIS AUDIOVOX PRODUCT MAY INCLUDE THIRD PARTY SOFTWARE, THE USE OF WHICH IS GOVERNED BY THE APPLICABLE SOFTWARE LICENSE, END-USER LICENSE OR PROGRAM LICENSE AGREEMENT. THIS LIMITED WARRANTY DOES NOT APPLY TO SUCH THIRD PARTY SOFTWARE AND SUCH SOFTWARE IS PROVIDED “AS IS”. FOR THE APPLICABLE WARRANTY, PLEASE REFER TO THE SOFTWARE LICENSE, END-USER LICENSE OR PROGRAM LICENSE GOVERNING THE USE OF SUCH SOFTWARE OR THE DOCUMENTATION ACCOMPANYING SUCH SOFTWARE.

Audiovox does not warrant that any contained software products will meet Purchaser’s requirements or will work together with any hardware or software products supplied by third parties, that the software products will be error free or that software defects will be corrected.

WARRANTY SERVICE

Purchaser must contact Audiovox within the applicable warranty period to obtain warranty service authorization. Audiovox is not responsible for products or parts received without a warranty service authorization. BE SURE TO BACK UP DATA AND REMOVE ANY CONFIDENTIAL PROPRIETARY, OR PERSONAL INFORMATION BEFORE RETURNING PRODUCT FOR SERVICE. AUDIOVOX IS NOT RESPONSIBLE FOR DAMAGE TO OR LOSS OF ANY PROGRAMS, DATA OR REMOVABLE STORAGE MEDIA. Repaired or replacement products will be shipped to Purchaser at Audiovox’s expense.

THE EXTENT OF THE COMPANY’S LIABILITY UNDER THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT PROVIDED ABOVE AND, IN NO EVENT, SHALL THE COMPANY’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY PURCHASER FOR THE PRODUCT.

ANY IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL BE LIMITED TO THE DURATION OF THIS WRI1TEN WARRANTY. ANY ACTION FOR BREACH OF ANY WARRANTY MUST BE BROUGHT WITHIN A PERIOD OF 18 MONTHS FROM DATE OF ORIGINAL PURCHASE. IN NO CASE SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER WARRANTY. EXPRESS OR IMPLIED, WHATSOEVER. THE COMPANY SHALL NOT BE LIABLE FOR THE DELAY IN RENDERING SERVICE UNDER THIS WARRANTY OR LOSS OF USE DURING THE TIME THE PRODUCT IS BEING REPAIRED OR REPLACED.

No person or representative is authorized to assume for the Company any liability other than expressed herein in connection with the sale of this product.

Some states or provinces do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damage so the above limitation or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may also have other