Fairphone Limited Warranty

FairPhone, Inc., a Delaware corporation (“Fairphone”), warrants that our products and parts are free from defects in design, material, and workmanship. This guarantee is based on the usual quality standards in the country where the Product was made. This warranty is subject to the conditions and exclusions listed below. This Limited Warranty is intended to comply with applicable federal warranty law, including the Magnuson-Moss Warranty Act, and applicable state law. It gives consumers specific legal rights, and consumers may also have other rights that vary from state to state. This Limited Warranty does not limit or waive any right that cannot be limited or waived under applicable federal or state law. 

1. The Fine Print, Translated

As used in this Limited Warranty, the following capitalized terms have the specific meanings set forth below.

• “Covered Territory” means the physical geographic boundaries of the forty-eight (48) contiguous United States and the District of Columbia. 
• “Non-Contiguous U.S. Territories” means any United States state, territory, possession, or military installation located outside the Covered Territory. This includes, but is not limited to, Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and all APO/FPO/DPO addresses. This definition strictly excludes all foreign countries and international jurisdictions.
• "Customer" ("You", “Your” or "Yours") means the original end-user purchaser who resides within the Covered Territory or a Non-Contiguous U.S. Territory, and purchased a genuine Product either directly from Fairphone's Online Shop or from a Reseller. 
• “Extended Warranty Cut Off Date” means the absolute, final calendar date on which any applicable Extended Warranty coverage automatically terminates and expires, as set forth in the Warranty Periods table (Section 5). This hard cut-off date applies regardless of the original purchase date of the Product, when the standard Limited Warranty expired, or any remaining duration of the Extended Warranty (Additional) period.
• “Extended Warranty Duration” means the specific timeframe of commercial warranty coverage that may apply immediately following the expiration of the standard Limited Warranty period, as specified in the “Extended Warranty Duration” column of the Warranty Periods table (Section 5). This duration represents the maximum length of the Extended Warranty coverage and is strictly subject to the “Extended Warranty Cut Off Date” and the conditions of the “Extended Warranty Offer Period”. 
• “Extended Warranty Offer Period” or “Offer Period” means the specific timeframe, as set forth in the Warranty Periods table (Section 5) or otherwise designated in writing by Fairphone, during which the Product must be purchased by the Customer in order to be eligible for any applicable Extended Warranty coverage.
• “Fairphone” (“Us”, “We” or “Our”) means FairPhone, Inc., a Delaware corporation.
• “Online Shop” means Our on-line shop section through which Fairphone Products are offered for sale, and where Customers can browse, order, and pay for those Products. Accessible at us.fairphone.com.
• "Product(s)" means the hardware products and associated software sold by Fairphone, including but not limited to smartphones, audio products and their spare parts and accessories.
• "Reseller" means an authorized third-party sales partner or distributor explicitly permitted by Fairphone to sell the Product within the Covered Territory and Non-Contiguous U.S. Territories.
• “United States of America” or “USA” means all geographic areas, territories, and postal jurisdictions under the sovereignty or administrative control of the United States of America. For the purposes of these Warranty Terms, the USA is strictly divided into the following two categories “Covered Territory” and “Non-Contiguous U.S. Territories” as defined above.
• “Website” means Fairphone’s official online presence accessible at us.fairphone.com, including all informational pages, blogs, support content, and company-related materials not directly related to placing Product orders.

2. When this Warranty applies

This Limited Warranty applies only if:

• The Product was originally shipped by Fairphone or a Reseller to an address within the Covered Territory or Non-Contiguous U.S. Territories;
• You use the Product properly and follow Fairphone’s instructions;
• You comply with all other sections of this Limited Warranty.

3. How to obtain Warranty Service

The steps below are the official Warranty Claim Procedures.

If You bought from a Reseller:

• Contact the Reseller first. You must submit a warranty claim, fully describing the alleged defect or failure, along with Your original proof of purchase.
• You must do this within the timeframes set in the Warranty Periods (Section 5) and as soon as possible after discovering the defect.
• You must provide any requested supporting document to help assess Your claim.
• The Reseller will manage Your claim and returns, but Fairphone has the final discretion to determine if the claim is covered.

If You bought on  Fairphone’s Online Shop:

• Submit a Claim: Contact Fairphone within the applicable Warranty Period (Section 5) and as soon as possible after discovering the defect, with your proof of purchase, a description of the defect, and any requested diagnostic information.
• Ship Your Device: If approved, you will receive a Return Merchandise Authorization (RMA). Physical returns must be shipped strictly according to the instructions, carrier guidelines, and deadlines provided with your RMA.
• Shipping Costs and Reimbursement:
• • In-Warranty Claims (Covered Territory): If You are within our Covered Territory and have a valid warranty claim, we’ve got You covered! We will provide You with a pre-paid shipping label, so You don't have to worry about logistics costs or reimbursements.
  • In-Warranty Claims (Non-Contiguous U.S. Territories): If You have a valid warranty claim but are located within a Non-Contiguous U.S. Territory, Fairphone will only cover the logistics costs to and from an address within the Covered Territory. You are solely responsible for providing a valid transit address within the Covered Territory, or otherwise paying all shipping, customs, or handling fees required to deliver the Product to the Covered Territory and to receive the repaired/replacement Product back from the Covered Territory.
  • Out-of-Warranty (OOW) Claims: If Your repair falls outside of warranty coverage (e.g., due to accidental damage, liquid exposure, or an expired warranty), We’re still here to help. We will create a shipping label for You through Our partner. Our repair partner will inspect Your device and provide a comprehensive repair estimate including return shipping costs. If You choose not to proceed with the quoted repair, or if a device submitted for warranty service is found to be out-of-warranty, You may be charged a standard diagnostic fee as published on Our Support Page plus return shipping before Your device is returned. No repairs will be performed without Your explicit authorization.
• Jurisdictions with Specific Local Service Requirements:
• • You may drop off Your Product at any Fairphone service center in that jurisdiction (list found at https://us.support.fairphone.com/hc/en-us/articles/37319298187154).
  • If a service center is not near You, contact Our customer support to learn how Your Product can be returned to Us for service at no cost to You.

Nothing in these Warranty Claim Procedures requires You to use Fairphone, an authorized service center, or a Reseller for non-warranty diagnosis, maintenance, or repair, except to the extent You seek service to be provided by Fairphone under this Limited Warranty.

Non-Contiguous U.S. Territories Constraints

While Products may be purchased from or delivered to locations within the Non-Contiguous U.S. Territories, all warranty fulfillment operations—including the issuance of return labels, collection of defective goods, and shipping of replacement parts—will only be conducted to and from a valid address within the Covered Territory.

Customers residing in Non-Contiguous U.S. Territories are responsible for providing a shipping address within the Covered Territory for all warranty exchanges, or otherwise covering all extended logistics, customs, or transit costs required to bridge the gap to and from the Covered Territory.

Second-hand Purchases

For second-hand purchases, the only accepted original proof of purchase is the sales receipt or invoice from Fairphone or a Reseller. Documentation from a second-hand platform or seller is not a valid proof of purchase.

4. Warranty Services Provided

If a defect in design, workmanship, or materials is confirmed within the Warranty Periods, Fairphone will, at its option and as permitted by law, repair, replace, or reimburse the Product.

This repair, replacement, or reimbursement is Fairphone’s sole obligation and Your exclusive remedy under this Limited Warranty.

• Fairphone may use refurbished spare parts for repairs. These parts will be guaranteed to be in good working condition, of equivalent or superior quality, and may show minor signs of previous use that do not affect functionality.
• If a repair is performed, the defective part that was replaced will become the property of Fairphone.

If we cannot repair the Product after a reasonable number of attempts, or within a reasonable time, we will provide a replacement or reimbursement as required by law.

5. Warranty Periods

The Limited Warranty applies from the date the Product is delivered to You and lasts for the relevant duration below, subject to any pause during warranty service (“tolling”):

The Warranty Periods are generally not extended except for the time the Product is being serviced under a valid warranty claim.

Fairphone may, at its sole discretion, offer an additional commercial warranty for certain Products. This additional commercial warranty (“Extended Warranty”) is separate from this Limited Warranty and Fairphone can change its terms or discontinue the offer at any time without notice. The Extended Warranty applies from the end date of the Product’s Limited Warranty and runs for the duration set forth above in the 'Extended Warranty Duration, provided such coverage does not exceed the applicable Extended Warranty Cut-Off Date.

No action by Fairphone or You will extend or revive this Limited Warranty without Fairphone’s prior written consent, unless required by applicable law.

6. Software Specifications

Fairphone does not guarantee that preinstalled software (including updates) will meet Your requirements, work with non-Fairphone hardware/software, or operate uninterrupted or error-free or that Fairphone will correct all software errors.

This Limited Warranty does not cover any software - including software owned by Fairphone or a third party - that is already covered by a separate license agreement, warranty, or set of exclusions.

• Data Loss Warning: If Your Product is repaired or replaced, a complete factory reset is performed, and all data (including third-party apps, personal data, and custom operating systems) will be permanently deleted.
• Returned Product Software: The Product will be returned running the official Fairphone operating system only. The updated system software may not support older software versions or third-party applications previously installed.
• Action Required: You are strongly recommended to back up all personal data and remove any sensitive information (including any SIM or SD card) before sending in the Product. You are solely responsible for reinstalling any third-party apps, software, data, and information. Recovery and reinstallation of such content are not covered under this Limited Warranty.

7. What is not Covered by this Warranty (Exclusions)

This Limited Warranty does not cover:

• Cosmetic damage that does not affect the functional performance, including but not limited to scratches, dents, marks, discoloration, or other visible surface wear on the Product (including, without limitation, the mid-frame, back covers, and display surfaces), unless reported immediately upon receiving the Product;
• Normal wear and tear, including but not limited to deterioration of battery capacity, wear of coatings, and degradation of consumable components such as eartips;     
• Damage from misuse, abuse or improper use including but not limited to cuts, damage resulting from excessive bending and/or from using the Product on electricity networks with severe voltage spikes or surges, damage resulting from a blown fuse or improper use of any electrical source,  etc.;
• Damage caused by tampering, mishandling, neglect, modification, disassembly, installation, or repair, but only to the extent the claimed damage, malfunction, or defect was caused by such conduct.;
• Items, equipment, goods, products, components, and parts not sold by Fairphone; 
• Damage that occurs during shipping; 
• Deterioration from age, storage, weathering, lack of use,  exposure to liquid, moisture, dampness or prolonged exposure to heat, cold or inadequate ventilation;
• Continuing to use the Product after You discovered (or should have discovered) a defect;
• Damage caused by improper installation, configuration, calibration, or assembly, but only to the extent the claimed damage, malfunction, or defect was caused by such improper work;
• Products where the original identification marks or serial numbers have been removed, altered or made unreadable; 
• Damage caused by fire, storm or other acts of God;
• Damage caused by electromagnetic radiation, nuclear reaction and/or radioactive contamination;
• Certain display issues, such as failure of up to 8 pixels per million or screen burn from continuous still images;
• Damage caused by use of the Product with non-Fairphone parts, accessories, software, firmware, tools, or repair procedures, but only to the extent the claimed damage, malfunction, or defect was caused by such use. Use of an independent repair provider, non-OEM service provider, or third-party replacement part does not, by itself, void this Limited Warranty;
• Vandalism and accidents;
• Defective function of the cellular system or inadequate signal reception, unless due to a manufacturing defect;
• Malware; 
• Damage resulting from the installation of a third party operating system, including but not limited to, modification of some Android partitions when flashing a third party operating system, that prevents returning to the official Fairphone software; and
• Products linked to fraudulent and/or unlawful activities, such as:
• • Stolen Products or those for which You fail to disable security measures or provide proof of authorized ownership;
  • Damage due to Your participation in an act of terrorism, war , riots, or popular movements, or Your conscious non-observance of official prohibitions;
  • Claims related to Your fraud, (gross) negligence or recklessness; and
  • Products lacking an original proof of purchase (these will also be considered linked to fraudulent activities).

This Limited Warranty only applies to original Products sold by either Fairphone or a Reseller. 

Fairphone expressly reserves the right to inspect the Product and its components, parts, and Your installation, use, maintenance, and any other activity or inactivity of You, when determining whether an alleged Product defect is covered by the Limited Warranty.

8. Limitations on Warranties; Disclaimer of Warranties

This Limited Warranty is provided by Fairphone, and it contains the only express warranty provided to You by Fairphone. Fairphone does not authorize any other person, including Resellers, to give any other warranties on Fairphone's behalf. Any warranty other than this Limited Warranty is the sole responsibility of the party offering it and shall in no way involve or obligate Fairphone. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. FAIRPHONE DOES NOT AUTHORIZE ANY OTHER PERSON TO ENLARGE THIS LIMITED WARRANTY. 

Implied warranties in jurisdictions where they may not be disclaimed shall be in effect only for the duration of the express warranty set forth herein.

If You have a claim under this express Limited Warranty, You may not file a court action based on that claim any later than one (1) year after Your right to file a court action accrues. This limitation applies only to claims under this express Limited Warranty and does not apply to, limit, or shorten any statute of limitations applicable to implied warranty claims or other claims under applicable state or federal law. In those states which do not allow this limitation on the time period for filing a court action for express warranty claims, this provision is inapplicable.

9. Fairphone’s Limitation of Liability

To the fullest extent permitted by law, Fairphone’s liability with respect to the Product sold to You shall be limited to the warranty provided herein. FAIRPHONE SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY FAIRPHONE, OR ANY UNDERTAKING, ACTS OR OMISSIONS RELATING THERETO.

Without limiting the foregoing, TO THE FULLEST EXTENT PERMITTED BY LAW, FAIRPHONE SPECIFICALLY DISCLAIMS ANY LIABILITY FOR PROPERTY OR PERSONAL INJURY DAMAGES, PENALTIES, SPECIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS OR REVENUES, SERVICES, DOWN TIME, SHUT DOWN OR SLOW DOWN COSTS, OR FOR ANY OTHER TYPES OF ECONOMIC LOSS, AND FOR CLAIMS OF ANY THIRD PARTY FOR ANY SUCH DAMAGES. FAIRPHONE SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER. FAIRPHONE’S TOTAL LIABILITY ARISING IN CONNECTION WITH THE PRODUCT SHALL BE LIMITED TO THE VALUE OF THE PRODUCT SOLD TO YOU.

Fairphone’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise, arising in connection with the performance or contemplated performance of the contract between Fairphone and You shall be limited to the price paid for the Products.

Notwithstanding the foregoing, this Section does not limit any non-waivable right You may have under applicable federal or state law, including any right arising under a state right-to-repair statute, consumer-protection statute, or warranty law, to bring a claim in Your state of residence or to invoke protections that cannot lawfully be waived.

10. Governing Law; Jurisdiction

This Limited Warranty is governed by the laws of the State of Delaware in the United States, without reference to conflict of laws principles. If a dispute related to this Limited Warranty, cannot be resolved through negotiation, both parties agree to resolve the dispute exclusively in the state and federal courts located in Delaware. Notwithstanding the foregoing, this provision does not limit any non-waivable right You may have under applicable state consumer protection law to bring a claim in Your state of residence.

11. Miscellaneous

Any product descriptions (including verbal statements, specifications, samples, or drawings) are for identification purposes only and do not create an express warranty. Similarly, any suggestions made by Fairphone or its agents about the Product’s use or suitability are not express warranties unless Fairphone confirms them in writing.

Warranty Contact Information

• Our Customer Support contact page
• Our Fairphone Repair Request Portal
• Our returns page
• Our virtual assistant Tin
• By post: FairPhone Inc. c/o Thorelli & Associates Three First National Plaza 70 West Madison Street, Suite 5750 Chicago, IL 60602

STATE RIDERS

California Consumer Warranty and Right-to-Repair Rider

Notwithstanding anything to the contrary in this Limited Warranty, if the Product is sold to a consumer in California for personal, family, or household use, the following terms apply:

• Implied Warranties. Implied warranties under California law, including the implied warranties of merchantability and fitness for a particular purpose, cannot be disclaimed for consumer goods sold to California consumers. To the extent permitted by California law, any implied warranty duration limitation in this Limited Warranty shall be construed only to limit the duration of such implied warranties to the duration permitted by applicable California law.
• Song-Beverly Consumer Warranty Act. If the Product constitutes “consumer goods” under the Song-Beverly Consumer Warranty Act, Fairphone shall service or repair the Product to conform to the applicable express warranties within a reasonable time and without charge to the consumer, as required by law. If, after a reasonable number of attempts, Fairphone is unable to service or repair the Product to conform to the applicable express warranties, Fairphone shall, at the buyer’s choice and as required by California law, replace the Product or reimburse the buyer in an amount equal to the purchase price paid, less any lawful offset or deduction permitted by law. Where a replacement Product is provided under Cal. Civ. Code § 1793.2(d)(1), such replacement Product shall carry a fresh Limited Warranty period equivalent to a new Product, running from the date of delivery of the replacement Product.
• Consumers Legal Remedies Act. California consumers may have rights under the Consumers Legal Remedies Act and other California consumer-protection statutes. Nothing in this Limited Warranty shall be construed to limit any right that cannot lawfully be waived. 
• Jurisdiction and Applicable Law. The Delaware choice-of-law and forum-selection provisions in this Limited Warranty shall not apply to the extent prohibited by California law and shall not limit any non-waivable right of a California consumer to bring a claim in California or to invoke protections afforded by California law.
• California Right to Repair Act. For any covered electronic or appliance product manufactured and sold or used in California on or after the dates specified by California law, Fairphone may be required to make available to owners, service and repair facilities, and service dealers sufficient documentation and functional parts and tools, inclusive of applicable updates, on fair and reasonable terms, to effect the diagnosis, maintenance, or repair of the Product. For covered products with a wholesale price of at least $50 but less than $100, such availability period is at least three (3) years after the last date on which the applicable product model or type was manufactured. For covered products with a wholesale price of $100 or more, such availability period is at least seven (7) years after the last date on which the applicable product model or type was manufactured. These rights are separate from, and in addition to, rights under this Limited Warranty, and nothing in this Limited Warranty shall be construed to limit any non-waivable rights under California’s Right to Repair Act.
• Independent Repair. Use of an independent repair provider, non-OEM service provider, or third-party replacement part does not, by itself, void this Limited Warranty. However, this Limited Warranty does not cover damage, malfunction, or defects to the extent caused by improper repair, improper installation, unauthorized modification, or nonconforming parts, tools, or software.
• INCIDENTAL AND CONSEQUENTIAL DAMAGES: Any exclusion or limitation of incidental, consequential, special, or similar damages shall apply only to the extent permitted by California law.
• Pursuant to the California Cell Phone Recycling Act, every shipment delivered to a California address comes with an scannable QR code to create a shipping label allowing the easy recycling of your used smartphone.