NOTE! This Limited Warranty is in addition to, and does not affect your legal (statutory) rights under your applicable national laws relating to the sale of consumer products.
Nivag International Limited ("Nivag") provides this Limited Warranty to person who has purchased the SMS technology Australia PTY Ltds product(s) included in the sales package ("Product").
Nivagwarrants to you that during the warranty period Nivag or a Nivag authorised service company will in a commercially reasonable time remedy defects in materials, design and workmanship free of charge by repairing or, should Nivag in its absolute discretion deem it necessary, replacing the Product in accordance with this Limited Warranty (unless otherwise required by law). This Limited Warranty is only valid and enforceable in the country where you have purchased the Product provided that it is intended for sale in that country.

The warranty period starts at the time of Product's original purchase by the first end-user. The Product may consist of several different parts and different parts may be covered by a different warranty period (hereinafter "Warranty Period"). The different Warranty Periods are:

A. twelve (12) months for the mobile device and accessories (whether included in the mobile device sales package or sold separately) other than the consumable parts and accessories listed in (b) and (c) below;

B. six (6) months for the following consumable parts and accessories: batteries, chargers, desk stands, headsets, cables and covers; and

C. ninety (90) days for the media on which any software is provided,e.g. CD-rom, memory card.

As far as your national laws permit, the Warranty Period will not be extended or renewed or otherwise affected due to subsequent resale, repair or replacement of the Product. However, repaired part(s) will be warranted for the remainder of the original Warranty Period or for sixty (60) days from the date of repair, whichever is longer.

If you wish to make a claim under the Limited Warranty, you may call the Nivag call centre (where this is available and please note national rates apply to calls) and/or where necessary, return your Product or the affected part (if it is not the entire Product) to a Nivag care centre or Nivag designated service location. Information about Nivag care centres, Nivag designated service locations and Nivag call centres can be found at local Nivag web pages where available.

You must return your Product or the affected part (if it is not the entire Product) to a Nivag care centre or Nivag designated service location before the expiry of the Warranty Period.

When making a Limited Warranty claim you have to present: a) the Product (or affected part thereto), b) the legible and unmodified original proof of purchase, which clearly indicates the name and address of the seller, the date and place of purchase, the product type and the IMEI or other serial number.

This Limited Warranty extends only to the original first end-user of the Product and is not assignable or transferable to any subsequent purchaser/end-user.

1. This Limited Warranty does not cover user manuals or any third party software, settings, content, data or links, whether included/downloaded in the Product, whether included during instalment, assembly, shipping or at any other time in the delivery chain or otherwise and in any way acquired by you. To the extent permitted by applicable law(s), Nivag does not warrant that any SMS technology Australia PTY Ltd software will meet your requirements, will work in combination with any hardware or software applications provided by a third party, that the operation of the software will be uninterrupted or error free or that any defects in the software are correctable or will be corrected.

2. This Limited Warranty does not cover a) normal wear and tear (including, without limitation, wear and tear of camera lenses, batteries or displays), b) transport costs, c) defects caused by rough handling (including, without limitation, defects caused by sharp items, by bending, compressing or dropping, etc), d) defects or damage caused by misuse of the Product, including use that is contrary to the instructions provided by SMS technology Australia PTY Ltd (e.g. as set out in the Product's user guide) and/or e) other acts beyond the reasonable control of Nivag.

3. This Limited Warranty does not cover defects or alleged defects caused by the fact that the Product was used with, or connected to, a product, accessories, software and/or service not manufactured, supplied or authorised by Nivag or was used otherwise than for its intended use. Defects can be caused by viruses from your or from a third party's unauthorised access to services, other accounts, computer systems or networks. This unauthorised access can take place through hacking, password-mining or through a variety of other means.

4. This Limited Warranty does not cover defects caused by the fact that the battery has been short-circuited or by the fact that the seals of the battery enclosure or the cells are broken or show evidence of tampering or by the fact that the battery has been used in equipment other than those for which it has been specified.

5. This Limited Warranty does not apply if the Product has been opened, modified or repaired by anyone other than an authorised service centre, if it is repaired using unauthorised spare parts or if the Product´s serial number, the mobile accessory date code or the IMEI number has been removed, erased, defaced, altered or are illegible in any way and this shall be determined in the sole discretion of Nivag.

6. This Limited Warranty does not apply if the Product has been exposed to moisture, to dampness or to extreme thermal or environmental conditions or to rapid changes in such conditions, to corrosion, to oxidation, to spillage of food or liquid or to influence from chemical products.

A third party, independent operator provides the SIM card and cellular and/or other network or system on which the Product operates. Therefore, Nivag will not accept responsibility under this warranty for the operation, availability, coverage, services or range of the cellular or other network or system. Before the Product can be repaired or replaced, the operator may need to unlock any SIM-lock or other lock that may have been added to lock the product to a specific network or operator. Accordingly, Nivag does not accept responsibility for any delays in warranty repairs or for the inability of Nivag to complete warranty repairs that are caused by the operator's delay or failure to unlock any SIM-lock or other lock.

Please remember to make back-up copies or keep written records of all important content and data stored in your Product, because content and data may be lost during repair or replacement of the Product. Nivag, in a manner consistent with the provisions of the section entitled "Limitation of Nivag's Liability" below, to the extent permitted by applicable law(s), shall not under any circumstances be liable, either expressly or impliedly, for any damages or losses of any kind whatsoever resulting from loss of, damage to, or corruption of, content or data during repair or replacement of the Product.

All parts of the Product or other equipment that Nivag has replaced shall become the property of Nivag. If the returned Product is found not to be covered by the terms and conditions of the Limited Warranty, Nivag and its authorised service companies reserve the right to charge a handling fee. When repairing or replacing the Product, Nivag may use products or parts that are new, equivalent to new or re-conditioned.

Your Product may contain country specific elements, including software. If the Product has been re-exported from its original destination country to another country, the Product may contain country specific elements that are not considered to be a defect under this Limited Warranty.

This Limited Warranty is your sole and exclusive remedy against Nivag and Nivag's sole and exclusive liability in respect of defects in your Product. However, this Limited Warranty shall neither exclude nor limit i) any of your legal (statutory) rights under the applicable national laws or ii) any of your rights against the seller of the Product.

This Limited Warranty replaces all other Nivag warranties and liabilities, whether oral, written, (non-mandatory) statutory, contractual, in tort or otherwise, including, without limitation, and where permitted by applicable law, any implied conditions, warranties or other terms as to satisfactory quality or fitness for purpose. To the extent permitted by applicable law(s) Nivag does not assume any liability for loss of or damage to or corruption of data, for any loss of profit, loss of use of Products or functionality, loss of business, loss of contracts, loss of revenues or loss of anticipated savings, increased costs or expenses or for any indirect loss or damage, consequential loss or damage or special loss or damage. To the extent permitted by applicable law, Nivag´s liability shall be limited to the purchase value of the Product. The above limitations shall not apply to death or personal injury resulting from Nivag´s proven negligence.

This Limited Warranty must be read subject to any statutory provisions that imply warranties or conditions into this Limited Warranty that cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. If such statutory provisions apply, to the extent to which Nivag is able to do so, its liability under those provisions will be limited, at its option to, in the case of goods: the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and in the case of services: the supplying of the services again or the payment of the cost of having the services supplied again.

NOTE! Your Product is a sophisticated electronic device. Nivag strongly encourages you to familiarise yourself with the user guide and instructions provided with and for the Product. Please also note that the Product might contain high precision displays, camera lenses and other such parts, which could be scratched or otherwise damaged if not handled very carefully.