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3. WARRANTY CONDITIONS; HOW TO GET SERVICE IF YOU WANT TO CLAIM UNDER THIS
LIMITED WARRANTY
Before being able to claim under this Limited Warranty, the owner of the Product must (a) notify tado°
of the intention to claim by visiting tado.com/support during the Warranty Period and providing a
description of the alleged failure, and (b) comply with tado°‘s return shipping instructions. tado° will
have no warranty obligations with respect to a returned Product if it determines, in its reasonable
discretion after examination of the returned Product, that the Product is an Ineligible Product (deined
below). tado° will bear all costs of return shipping to owner and will reimburse any shipping costs
incurred by the owner, except with respect to any Ineligible Product, for which owner will bear all
shipping costs.
4. WHAT THIS LIMITED WARRANTY DOES NOT COVER
This warranty does not cover the following (collectively “Ineligible Products”): Products marked
as “sample” or sold “AS IS”; or Products that have been subject to: (a) modiications, alterations,
tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or
use not in accordance with the User’s Guide or other instructions provided by tado°; (c) abuse
or misuse of the Product; (d) breakdowns, luctuations, or interruptions in electric power or the
telecommunications network; or (e) Acts of God, including lightning, lood, tornado, earthquake, or
hurricane. This 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 packaged or sold with
the product). tado° recommends that you use only authorized service providers for maintenance or
repair. Unauthorized 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, tado° 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, tado° ALSO LIMITS THE DURATION OF
ANY IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.
6. LIMITATION OF DAMAGES
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL TADO° BE LIABLE
FOR ANY 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 TADO°‘s 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
THE TADO° ONLINE SERVICES (“SERVICES”) PROVIDE YOU INFORMATION (“PRODUCT
INFORMATION”) REGARDING YOUR TADO 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”. TADO° 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 TADO° DISCLAIMS) ANY AND ALL LOSS, LIABILITY,
OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICTY, 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.
8. VARIATIONS THAT MIGHT APPLY TO THIS LIMITED WARRANTY
Some jurisdictions do not allow limitations on how long an implied warranty lasts or exclusions/limitations
on incidental or consequential damages, so some of the limitations set out above may not apply to you.