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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
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.
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.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
EN
6


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