DISH Wireless L.L.C. ("DISH") warrants your Boost Mobile branded Celero 5G+ device ("Product") against defects in materials and workmanship if purchased from Boost Mobile or DISH authorized resellers or distributors and extends only to the original user of such Products under ordinary consumer use in accordance with the documentation and/or user manuals provided or made available with the Product.
If your Product was purchased from an authorized DISH reseller or distributor, or directly from DISH, your Product is warranted to be free of defects in materials and workmanship for two (2) years from the original date of purchase (the "Warranty Period"). Products repaired or replaced under this Limited Warranty are covered for the balance of the original warranty period, or 90 days from the date of service, whichever is longer. Any upgrade to the original product will be covered only for the duration of the Warranty Period.
In the event your Product is defective and (i) the defect is covered by this warranty; and (ii) the defect arises during the Warranty Period; and (iii) you follow the instructions for returning the defective Product, then DISH will, at our option and to the extent permitted by law, repair or replace your defective Product with a new or refurbished Product that is functionally equivalent to the Product being replaced. This limited warranty will continue to apply to any replacement Product that we provide, but only for the remainder of the original Warranty Period applicable to you.
For specific instructions about how to obtain warranty service for your Product during the Warranty Period, please contact the Boost Mobile customer service department at 1-855-975-9538. Proof of purchase may be required to verify eligibility. You may be instructed to download or otherwise obtain and accept software updates. You are responsible for any applicable carrier service fees incurred while obtaining the required downloads. Complying with the warranty process, repair instructions, and accepting such software updates is required in order to receive additional warranty support.
If the software update does not fix the problem, then you will need to deliver your defective Product in either its original packaging or in equally protective packaging to the address specified by the Boost Mobile customer service department. DISH will pay for shipping of the replacement Product to your location if all instructions regarding warranty services are followed; however, since DISHwill not be able to determine whether your Product is defective or otherwise covered by this Limited Warranty until inspection, you must agree to be charged an out of warranty fee if such inspection reveals your Product is not covered by this Limited Warranty.
Before you deliver your defective Product for warranty service, it is your responsibility to back up any data, software or other information or materials you may have stored, preserved or loaded, remove all personal information, and disable all security features on such Product. DISH IS NOT RESPONSIBLE FOR ANY DAMAGE TO, OR THE LOSS OF ANY DATA, SOFTWARE OR OTHER INFORMATION OR MATERIALS THAT YOU MAY HAVE STORED, PRESERVED OR LOADED ON YOUR PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP, DOWNLOADING, AND REINSTALLING ANY AND ALL DATA, SOFTWARE, OR OTHER INFORMATION OR MATERIALS CONTAINED ON YOUR PRODUCT SUBMITTED FOR WARRANTY SERVICE.
You may only exercise this Limited Warranty from the United States. DISH will not send repaired or replacement products to addresses outside the United States. If your Product is not covered by this Limited Warranty, DISH may offer to provide out-of-warranty service to you at DISH's then-current rates, which includes the cost to ship a refurbished unit to you that has the same or similar features. Do not open the Product or attempt to repair the Product yourself; such conduct may cause damage that is not covered by this Limited Warranty. This Limited Warranty does not cover the following:
(a) defects or damage resulting from external causes, accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, or dampness (including contact with water, rain, or extreme humidity or perspiration), sand or dirt, neglect, or unusual physical, electrical or electromechanical stress;
(b) scratches, dents, or other cosmetic damage, unless caused by DISH;
(c) ordinary wear and tear, including but not limited to diminishment of consumable parts such as batteries or protective coatings that are designed to diminish over time, unless such failure have occurred due to a defect in materials or workmanship;
(d) defects or damage resulting from the use of Product in conjunction or connection with accessories, products, or ancillary/peripheral equipment not furnished or approved by DISH;
(e) defects or damage resulting from improper testing, operation, maintenance, installation, service, modification, or adjustment not furnished or performed by DISH or its authorized service centers, including but not limited to installation of unauthorized software and unauthorized root access, both of which shall void this Limited Warranty;
(f) defects or damage resulting from viruses or other software problems introduced into the Product;
(g) Product purchased outside the United States;
(h) use of the Product for commercial rental purposes;
(i) shipping damage if you fail to pack and ship defective Product in the manner prescribed by DISH or its authorized service centers; or
(j) Product that has been altered in any manner so as to prevent DISHfrom determining whether such Product is covered under the terms of this Limited Warranty is excluded from coverage. The forgoing shall include but not be limited to (i) serial numbers, date tags or other manufacturer coding that has been removed, altered or obliterated; (ii) mismatched or duplicated serial numbers; or (iii) broken seals or other evidence of tampering.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS YOUR EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, AND DISH SPECIFICALLY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST HIDDEN OR LATENT DEFECTS. IN THE EVENT DISH CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES OR REMEDIES, THEN TO THE EXTENT PERMITTED BY LAW, ANY AND ALL SUCH WARRANTIES AND REMEDIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND TO THE REPLACEMENT OF YOUR PRODUCT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG A STATUTORY OR IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, DISH IS NOT RESPONSIBLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES ARISING OUT OF, RELATING TO OR INCURRED IN CONNECTION WITH USE OF THE PRODUCT, WHETHER FOR BREACH OF WARRANTY OR BROUGHT UNDER ANY OTHER LEGAL THEORY. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT DISH OR ANY OF ITS AFFILIATES, PARENT COMPANIES OR SUBSIDIARIES WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL DISH’S LIABILITY, IF ANY, EXCEED THE PURCHASE PRICE PAID FOR YOUR PRODUCT.
DISH RESERVES THE RIGHT TO REFUSE TO HONOR THIS LIMITED WARRANTY IF IT DETERMINES THAT ANY OF THE EXCEPTIONS DESCRIBED ABOVE HAVE CAUSED YOUR PRODUCT NOT TO HAVE PERFORMED PROPERLY.
THIS LIMITED WARRANTY SHALL BE VOID IF ANY FACTORY-APPLIED IDENTIFICATION MARK, INCLUDING BUT NOT LIMITED TO THE SERIAL NUMBER, HAS BEEN ALTERED OR REMOVED. THIS LIMITED WARRANTY SHALL ALSO BE VOID IF THE PRODUCT HAS BEEN OPENED BY AN UNAUTHORIZED PERSON.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE IN THE UNITED STATES. TO THE EXTENT THAT THIS LIMITED WARRANTY IS INCONSISTENT WITH LOCAL LAW, THIS LIMITED WARRANTY SHALL BE DEEMED MODIFIED TO BE CONSISTENT WITH SUCH LOCAL LAW.
No DISH reseller, service center, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. This Limited Warranty is governed by and construed under the laws of the state in which your billing address on file with DISH is located. DISH or its successor in title is the warrantor under this Limited Warranty.