THIS LIMITED WARRANTY CONTAINS IMPORTANT INFORMATION
ABOU T YOUR RIGHTS AND OBL IGATIONS, AS WELL AS LIMITATIONS
AND EXCLUSIONS THAT MAY APPLY TO YOU UNDER THIS LIMITED
WARRANTY.
YOUR RIGHTS AND THIS LIMITED WARR ANTY
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 statutor y rights. In particular, this Limited
Warranty does not limit the legal warrant y 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 WARR ANTY 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) year s 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.
Nest Labs (Europe) Ltd.
LimitedWarranty
NestLearningThermostat
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.WARRANT Y CONDITIONS; HOW TO GET SERVICE IF YOU WANT
TO CLAIM UNDER THIS LIMITED WARR ANTY
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 WARR ANTY 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 par ts, including batteries, unless damage is due to
defects in materials or workmanship of the Product or software
(even if such consumable parts or sof tware 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 WARRANT Y, AND TO THE
MAXIMUM EXTENT PERMIT TED BY APPLICABLE L AW, NEST LABS
DISCL AIMS 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 EX TENT PERMITTED
BY APPLICABLE LAW, NEST L ABS ALSO LIMITS THE DURATION OF
ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE
DURATION OF THIS LIMITED WARR ANTY.
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,
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