Manual Netatmo Presence (page 57 of 60) (English, German, Dutch, French, Italian, Swedish, Spanish, Norwegian)

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NETATMO ONE 1 YEAR LIMITED WARRANTY.

Netatmo (SAS) warrants the product hardware components ('Product') against defects

in material and workmanship when used in accordance with Netatmo's documentation

('Documentation') for a period of ONE (1) YEAR after the date of original retail purchase

('Warranty Period') from Netatmo or Netatmo's authorized reseller by the end-user

purchaser ("Customer" or "you").

1. APPLICABLE PROVISIONS IN THE EVENT OF A BREACH OF LIMITED WARRANTY

If the Product fails to conform to the Limited Warranty, Netatmo will, at its sole discretion

and upon your submission of a valid claim to Netatmo (I) use commercially reasonable

eorts to repair the defective Product with new or refurbished hardware functionally

equivalent to the Product being repaired; (II) replace the defective Product with a Product

equivalent to new in performance and reliability; or (III) exchange the defective Product for

a refund of the Product's purchase price. A returned or repaired Product will be replaced

under the terms of the Limited Warranty for the remaining Warranty Period, or ninety (90)

days, whichever period is longer. This Limited Warranty is not transferable from Customer

to subsequent Product owners, and the Warranty Period will not be extended for any such

transfer.

2. CONDITION OF APPLICATION

Netatmo's warranty obligations are conditioned on Customer (I) notifying Netatmo through

the contact information available at http://www.netatmo.com during the Warranty Period

of any failure of the Product to meet the Limited Warranty, including a detailed description

of the alleged failure, (II) otherwise complying with Netatmo's then-current return policy

(see General Sales Conditions section "Right to cancel and return policy"), (III) shipping,

at Customer's cost, the aected Product to Netatmo for repair or replacement, and (iv)

providing Netatmo with valid proof of purchase.

If Netatmo determines, after analysis of a returned Product, that the Product is an Ineligible

Product (see Document and Section of Included Documentation), Netatmo will no longer

have warranty obligations. Netatmo will bear all costs of return shipping to Customer,

except with respect to any Ineligible Product, for which Customer will bear all shipping

costs.

3. EXCLUSIONS

Netatmo will have no warranty obligation with respect to the following circumstances

('Exclusions') ('Ineligible Products'): (I) a Product that has no defects in materials or

workmanship, (II) Products with defects that are not reproducible by Netatmo, (III) Products

marked as 'sample' or sold 'AS IS', (iv) Products whose serial number has been defaced or

removed, or (v) Products that have been subject to: (a) any modiﬁcations, alterations, repair,

or servicing by any party other than Netatmo or Netatmo's authorized representatives;

(b) handling, storage, installation, testing, or use not in accordance with the applicable

Documentation; (c) abuse, negligence, neglect, accidents, abuse or misuse; (d) any

breakdowns, ﬂuctuations, or interruptions in electric power or the telecommunications

network; or (e) any Acts of God, including ﬁre, ﬂood, tornado, earthquake, hurricane,

excessive snow, lightning, riot, insurrection, act of war or other disaster.

4. WARRANTY DISCLAIMER

EXC EP T TO THE E X TEN T SE T FO RTH A BOV E IN TH IS L IM ITE D WAR RA NT Y, THE P ROD UC TS

ARE PROVIDED ON AN 'AS IS' BASIS, AND NETATMO DISCLAIMS ALL WARRANTIES

AND CONDITIONS WITH RESPECT TO THE PRODUCTS, WHETHER IMPLIED, EXPRESS,

OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY

RIGHTS, QUIET ENJOYMENT, AND ACCURACY. NETATMO DOES NOT WARRANT

THAT OPERATION OF THE PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED

OR THAT THE PRODUCTS WILL IN EVERY CASE PROCESS ALL DATA CORRECTLY.

5. LIMITATION OF LIABILITY

5.1 IN NO EVENT WILL (a) NETATMO BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY,

SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR

LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE

PRODUCTS, EVEN IF NETATMO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY

OF SUCH DAMAGES, AND (b) NETATMO'S TOTAL CUMULATIVE LIABILITY ARISING

FROM OR RELATED TO THIS LIMITED WARRANTY AND THE PRODUCTS, WHETHER

IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY

CUSTOMER TO NETATMO OR NETATMO'S AUTHORIZED RESELLER FOR THE PRODUCT

AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND

WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR

CLAIM. NETATMO DISCLAIMS ALL LIABILITY OF ANY KIND OF NETATMO'S SUPPLIERS.

5.2 THE NETATMO ONLINE SERVICES ('SERVICES') PROVIDE YOU INFORMATION

('PRODUCT INFORMATION') REGARDING INDOOR AND OUTDOOR MEASUREMENTS.

WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT

INFORMATION IS PROVIDED FOR YOUR CONVENIENCE, 'AS IS', AND 'AS AVAILABLE'.

NETATMO DOES NOT REPRESENT OR WARRANT THAT PRODUCT INFORMATION WILL

BE AVAILABLE, ACCURATE, OR RELIABLE. YOU USE ALL PRODUCT INFORMATION, THE

SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE

SOLELY RESPONSIBLE FOR (AND NETATMO DISCLAIMS) ANY AND ALL LOSS, LIABILITY,

OR DAMAGES RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION,

SERVICES, OR PRODUCT.

6. CONSUMER PROTECTION

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE

EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE

ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY

GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS

WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND

LIMITATIONS OF LIABILITY UNDER THIS LIMITED WARRANTY WILL NOT APPLY TO THE

EXTENT PROHIBITED BY APPLICABLE LAW.

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Netatmo Presence Manual

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