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 Nest Labs of the intention
to claim by visiting nest.com/uk/support 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 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) 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 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 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 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 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,
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.
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 Warranty
to Nest Labs (Europe) Ltd. at the address located at:
nest.com/uk/contact.
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