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2. TOTAL SATISFACTION RETURNS POLICY
If you are the original purchaser of the Product and you are
not satisfied with this Product for any reason, you may return
it, at your cost, in its original condition, within thirty (30) days
of the original purchase and receive a full refund
3. WARRANTY CONDITIONS: HOW TO GET SERVICE IF YOU
WANT TO CLAIM UNDER THIS LIMITED WARRANTY
Before making a claim under this Limited
Warranty, the owner of the Product must (a) visit
nest com/choose-your-country/support during the Warranty
Period to provide notice of their warranty claim and describe
the alleged failure, and (b) comply with Nest Labs’ (or its
authorised distributor’s) return delivery instructions Nest
Labs will have no warranty obligations with respect to a
returned Product if it determines, at its reasonable discretion
after examination of the returned Product, that the Product
is an Ineligible Product (defined below) Nest Labs will bear
all costs of return delivery to the owner and will reimburse
standard delivery costs incurred by the owner, except with
respect to any Ineligible Product, for which the owner will
bear all delivery costs
4. WHAT THIS LIMITED WARRANTY DOES NOT COVER
This Limited Warranty does not cover the following (collectively
“Ineligible Products”): (i) Products marked as “sample” or “Not
for sale”, or sold “AS IS”; (ii) Products that have been subject
to: (a) modifications, alterations, tampering, or improper
maintenance or repairs; (b) handling, storage, installation,
testing or use not in accordance with any user guide,
placement guidelines or other instructions provided by Nest
Labs; (c) abuse or misuse of the Product; (d) breakdowns,
fluctuations or interruptions in the electricity supply or the
telecommunications network; or (e) Acts of God, including, but
not limited to, lightning, flood, tornado, earthquake or hurricane;
or (iii) any non-Nest Labs-branded hardware products, even
if packaged or sold with Nest Labs hardware This Limited
Warranty does not cover consumable parts, including batteries,
unless damage is due to defects in materials or workmanship
of the Product or software (even if such consumable parts
or software are packaged or sold with the Product) Nest
Labs recommends using only authorised service providers
for maintenance or repair Unauthorised use of the Product
or software can impair the Product’s performance and may
invalidate this Limited Warranty
5. DISCLAIMER OF WARRANTIES
EXCEPT AS STATED ELSEWHERE IN THIS LIMITED WARRANTY,
AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, NEST LABS DISCLAIMS ALL EXPRESS, IMPLIED AND
STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT
TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, NEST LABS ALSO LIMITS THE DURATION
OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS
TO THE DURATION OF THIS LIMITED WARRANTY
6. LIMITATION OF DAMAGES
IN ADDITION TO THE WARRANTY DISCLAIMERS STATED
ELSEWHERE IN THIS LIMITED WARRANTY, IN NO EVENT WILL
NEST LABS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING
ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING
FROM, OR RELATING TO THIS LIMITED WARRANTY OR THE
PRODUCT, AND NEST LABS’ TOTAL CUMULATIVE LIABILITY
ARISING FROM, OR RELATED TO THIS LIMITED WARRANTY OR
THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID
FOR THE PRODUCT BY THE ORIGINAL PURCHASER
7. LIMITATION OF LIABILITY
IF YOU CHOOSE TO USE THEM, ONLINE SERVICES OFFERED
BY NEST LABS, INC , A US AFFILIATE OF NEST LABS,
(“SERVICES”) PROVIDE YOU WITH INFORMATION (“PRODUCT
INFORMATION”) REGARDING YOUR NEST PRODUCTS OR
OTHER PERIPHERALS CONNECTED TO YOUR PRODUCTS
(“PRODUCT PERIPHERALS”) THE TYPE OF PRODUCT
PERIPHERALS THAT MAY BE CONNECTED TO YOUR PRODUCT
MAY CHANGE FROM TIME TO TIME WITHOUT LIMITING THE
GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT
INFORMATION IS PROVIDED FOR YOUR CONVENIENCE, “AS
IS” AND “AS AVAILABLE” NEST LABS OR ITS AFFILIATE DOES
NOT REPRESENT, WARRANT OR GUARANTEE THAT PRODUCT
INFORMATION WILL BE AVAILABLE, ACCURATE OR RELIABLE,
OR THAT PRODUCT INFORMATION OR USE OF THE SERVICES
OR PRODUCT WILL PROVIDE SAFETY IN YOUR HOME YOU
USE ALL PRODUCT INFORMATION, THE SERVICES AND THE
PRODUCT AT YOUR OWN DISCRETION AND RISK YOU WILL BE
SOLELY RESPONSIBLE FOR (AND NEST LABS AND ITS AFFILIATE
DISCLAIM) ANY AND ALL LOSS, LIABILITY OR DAMAGES,
INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME,
PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE
DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME,
RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION,
SERVICES OR PRODUCT PRODUCT INFORMATION PROVIDED
BY THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR
DIRECT MEANS OF OBTAINING THE INFORMATION FOR
EXAMPLE, A NOTIFICATION PROVIDED THROUGH THE SERVICE
IS NOT INTENDED AS A SUBSTITUTE FOR AUDIBLE AND VISIBLE
INDICATIONS IN THE HOME AND ON THE PRODUCT, NOR
FOR A THIRD-PARTY MONITORING SERVICE THAT MONITORS
ALARM STATE
Summary of Contents for A0124
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