cost in its original condition within thirty (30) days of the original
purchase and receive a full refund.
3. WARR ANTY CONDITIONS; HOW TO GET SERVICE IF YOU WANT TO
CLA IM UNDER THIS LIMITED WARRANTY
Before being able to claim under this Limited Warrant y, the owner
of the Product must (a) notify Nest Labs of the intention to claim
by visiting nest.com/support/eu during the Warranty Period and
providing a description of the alleged failure, and (b) comply
with Nest Labs’ return shipping instructions. Nest Labs 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 (defined
below). Nest Labs will bear all costs of return shipping to the owner
and will reimburse standard 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 NO T 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) 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 electric power or the telecommunications
network; or (e) Acts of God, including lightning, flood, 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). Nest Labs 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 WARRANT IES
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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 MA XIMUM EXTENT PERMITTED
BY APPLICABLE LAW, NEST LABS ALSO LIMITS THE DUR ATION 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 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 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 GUAR ANTEE THAT PRODUCT INFORMATION WILL BE AVAIL ABLE,
ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION OR
USE OF THE SERVICES OR PRODUCT WILL PROVIDE SAFET Y 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 L ABS AND ITS AFFILIATE
DISCL AIM) ANY AND ALL LOSS, LIABILIT Y, OR DAMAGES, INCLUDING
TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT,
PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL
OTHER ITEMS AND PE TS 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 ME ANS 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.
9. CONTACT INFORMATION
Please direct any questions about this Limited Warrant y to Nest
Labs (Europe) Ltd. at the address located at: nest.com/eu/contact.
64-30-0030-GB
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