Common use of Advanced Exchange by Mail Clause in Contracts

Advanced Exchange by Mail. In case of hardware failure of the original Product (“Defective Device”), Lenovo will deliver a new or certified refurbished replacement smartphone (“Exchange Device”) to you before you return your Defective Device back to us. You must return the Defective Device to Lenovo within 15 days from the date you receive the Exchange Device (“Return Period”). 1. Exchange Device shipped by Lenovo could be a new or Motorola-certified refurbished smartphone. 2. Lenovo can also replace your Defective Device with a similar model if the company no longer manufactures the smartphone originally purchased. 3. Your Motorola smartphone will not qualify for Advanced Exchange if the smartphone is damaged and/or is not covered under the Motorola Limited Warranty terms or Moto Care ADP Program, as applicable. 4. The Exchange Device will be shipped to you with a prepaid return shipping label. 5. You must use the prepaid return shipping label to return the Defective Device for which you received an Exchange Device and are requesting warranty service. 6. You will need to return your Defective Device within 15 days from the date you received the Exchange Device. 7. To guarantee that the Defective Device is returned, Lenovo will charge you the Fee as described below if you fail to return the Defective Device to Lenovo within 15 days. 8. Lenovo will dispose of any additional accessories like shells, removable batteries, SIM cards, SD cards, or Moto Mods returned with the Defective Device. You are responsible for removing any such accessories from the Defective Device. Lenovo accepts no liability for failure by You to observe this requirement. You will be liable for the cost of the Exchange Device equal to the current MSRP of the Exchange Device and a handling fee (the cost and the handling fee together, the “Fee”) if: (1) Lenovo does not receive the Defective Device back within 15 days from the date you received the Exchange Device as indicated by the carrier’s tracking system; (2) the Motorola smartphone is not under Motorola Limited Warranty; and/or (3) the Motorola smartphone is excluded from warranty or service. If You purchased the Defective Device from a Lenovo reseller or distributor, such reseller or distributor shall be responsible for Your compliance of the instruction to return the Defective Device; if You fail to return the Defective Device as instructed, the Lenovo reseller or distributor shall be responsible to collect the Fee from You. And such reseller or distributor shall in turn pay the Fee to Lenovo. Lenovo reserves the right to alter product offerings and specifications at any time, without notice. Lenovo makes every effort to ensure accuracy of all information but is not liable or responsible for any editorial, photographic, or typographic errors.