nest Learning thermostat, Installation Manual

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THIS LIMITED WARRANTY CONTAINS IMPORTANT INFORMATION
ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS
AND EXCLUSIONS THAT MAY APPLY TO YOU UNDER THIS LIMITED
WARRANTY.
YOUR RIGHTS AND THIS LIMITED WARRANTY
This Limited Warranty gives you specific legal rights . You may also
have other legal rights that vary by state, province or jurisdiction .
The disclaimers, exclusions and limitations of liability under
this Limited Warranty will not apply to the extent prohibited by
applicable law . For a full description of your legal rights, you
should refer to the consumer protection laws applicable in your
jurisdiction, and you may wish to contact a relevant consumer
advisory service . This Limited Warranty is in addition to your legal
rights in relation to the Products and does not affect your statutory
rights . In particular, this Limited Warranty does not limit the legal
warranty obligations imposed on the seller and you may claim your
rights under the legal warranty against the seller . This Limited
Warranty only applies to Products purchased and used in the
European Union, Norway and Switzerland .
1. WHAT THIS LIMITED WARRANTY COVERS; PERIOD OF COVERAGE
Nest Labs (Europe) Ltd . (“Nest Labs”) warrants to the owner
of the enclosed product that the product contained in this
box (“Product”) will be free from defects in materials and
workmanship for a period of two (2) years from the date of delivery
following the original retail purchase (the “Warranty Period”) .
If the Product fails to conform to this Limited Warranty during
the Warranty Period, Nest Labs will, at its sole discretion, either
(a) repair or replace any defective Product or component; or
(b) accept the return of the Product and refund the money
actually paid by the original purchaser for the Product . Repair
or replacement may be made with a new or refurbished product
or components, at Nest Labs’ sole discretion, to the extent that
this is permitted by local laws in your jurisdiction . If the Product
or a component incorporated within it is no longer available, Nest
Labs may, at Nest Labs’ sole discretion, replace the Product with
a similar product of similar function . Any Product that has either
been repaired or replaced under this Limited Warranty will be
covered by the terms of this Limited Warranty for the longer of
(a) ninety (90) days from the date of delivery of the repaired
Product or Replacement Product, or (b) the remaining Warranty
Period . This Limited Warranty is transferable from the original
purchaser to subsequent owners, but the Warranty Period will
not be extended in duration or expanded in coverage for any
such transfer .
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
Nest Labs (Europe) Ltd.
Limited Warranty
Nest Learning Thermostat
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) notify Nest Labs of the intention to claim
by visiting nest .com/eu/support during the Warranty Period and
providing a description of the alleged failure, and (b) comply with
Nest Labs’ returns 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”): Products marked as “sample” or “Not for
Sale”, or sold “AS IS”; or 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 the user’s 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 . 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 ABOVE 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 ABOVE, 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
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