nest Learning Thermostat Installation Manual page 16

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 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 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, ELECTRICITY, 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. If any court or relevant authority decides
that any of these limitations is unenforceable, it should be deemed
modified to the minimum extent necessary to make it enforceable. If
this modification is not possible, the relevant provision should be
deemed deleted. Any modification or deletion will not affect the
validity of the rest of this Limited Warranty.
9. CONTACT INFORMATION
Please direct any questions about this Limited Warranty to Nest
Labs (Europe) Ltd. at the address located at: nest.com/eu/contact.
064-00020-GB