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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) 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 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 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.
8. VARIATIONS THAT MIGHT APPLY TO THIS LIMITED WARRANTY
Some jurisdictions do not allow limitations on how long an
implied warranty lasts or specific exclusions, so some of the
limitations set out above may not apply to you. If any court
or relevant authority decides that any of these limitations is
unenforceable, it should be deemed modified to the minimum
extent necessary to make it enforceable. If this modification is
not possible, the relevant provision should be deemed deleted.
Any modification or deletion will not affect the validity of the
rest of this Limited Warranty.
9. CONTACT INFORMATION
Please direct any questions about this Limited Warranty
to Nest Labs (Europe) Ltd. at the address located at:
nest.com/eu/contact
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