1. Introduction

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 and or the Invoice for those Products states that the goods are supplied with the benefit of this Limited Warranty.   If no such statement appears on either the Pro Forma Invoice or the 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 13 months from the purchase date.

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 as previously issued and made available by Phoenix Cellular.

4. What is not covered

This Limited Warranty is conditional upon proper use of the Product. This Limited Warranty does not cover:

• 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;
• 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;
• scratches, dents and cosmetic damage;
• Discoloration of the screen related to normal wear and tear
• Camera spots that can only be seen on a white background.
• defects or damage resulting from excessive force or use of a metallic object when pressing on a touch screen;
• equipment that has the serial number or the enhancement data code removed, defaced, damaged, altered or made illegible;
• ordinary wear and tear;
• defects or damage resulting from the use of Product in conjunction or connection with accessories, products, or ancillary/peripheral equipment;
• 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;
• 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.
• defects or damage to the Face ID or Touch ID.

This Limited Warranty does not cover any battery if:

• the battery has been charged by a battery charger not specified or approved by the original device manufacturer for charging the battery;
• any of the seals on the battery are broken or show evidence of tampering; or
• the battery has been used in equipment other than the device for which it is specified.

5. Phoenix Cellular 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.

If a product is replaced then the warranty expiry date on the new device will be equal to the expiry date on the original Product sold.

The Supplier will endeavor to complete the request within a reasonable amount of time, and will either repair or replace the product, or offer a refund to the Customer.

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 or better cosmetic grade, with the same or better memory size, but which may be of a different colour.  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 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:

• Water damage;
• Consumer abuse/misuse;
• Consumer damage
• iCloud locked/ Find my iPhone locked/ PIn Locks.

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:

• return the Product to the Supplier, at its own cost, in an adequate container for shipping.
• 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:
  • Pin Locks
  • 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.

8. Data

• The Customer is responsble 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.
• The Supplier accepts no responsibility with regards to any data that remain on any Product.

9. What are the limits on Phoenix Cellular’s 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.