Nest Labs (Europe) Ltd.
THIS LIMITED WARRANTY CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
THIS LIMITED WARRANTY CONTAINS REGIONAL MODIFICATIONS THAT APPLY TO PRODUCTS PURCHASED IN CERTAIN COUNTRIES. SUCH REGIONAL MODIFICATIONS MAY BE IN ADDITION TO OR, WHERE APPLICABLE, REPLACE THE MAIN TEXT OF THIS LIMITED WARRANTY. THE REGIONAL MODIFICATIONS ARE CONTAINED IN SECTION 10 BELOW.
YOUR RIGHTS AND THIS LIMITED WARRANTY
This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province or jurisdiction. The disclaimers, exclusions and limitations of liability under this Limited Warranty will not apply to the extent prohibited by applicable law. For a full description of your legal rights, you should refer to the consumer protection laws applicable in your jurisdiction, and you may wish to contact a relevant consumer advisory service. This Limited Warranty is in addition to your legal rights in relation to the Products and does not affect your statutory rights. In particular, this Limited Warranty does not limit the legal warranty obligations imposed on the seller and you may claim your rights under the legal warranty against the seller.
WHAT THIS LIMITED WARRANTY COVERS: PERIOD OF COVERAGE
Nest Labs (Europe) Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Nest Labs”) warrants to the owner of the enclosed Nest-branded product contained in this box that the product (“Product”) will be free from defects in materials and workmanship for a period of two (2) years from the date of delivery following the original retail purchase (the “Warranty Period”). If the Product fails to conform to this Limited Warranty during the Warranty Period, Nest Labs will, at its sole discretion, either (a) repair or replace any defective Product or component; or (b) accept the return of the Product and refund the money actually paid by the original purchaser for the Product. Repair or replacement may be made with a new or refurbished product or components, at Nest Labs’ sole discretion, to the extent that this is permitted by local laws in your jurisdiction. If the Product or a component incorporated within it is no longer available, Nest Labs may, at Nest Labs’ sole discretion, replace the Product with a similar product of similar function. Any Product that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of (a) ninety (90) days from the date of delivery of the repaired 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.
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.
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) visit nest.com/choose-your-country/support during the Warranty Period to provide notice of their warranty claim and describe the alleged failure, and (b) comply with Nest Labs’ (or its authorised distributor’s) return 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.
WHAT THIS LIMITED WARRANTY DOES NOT COVER
This Limited Warranty does not cover the following (collectively “Ineligible Products”): (i) Products marked as “sample” or “Not for sale”, or sold “AS IS”; (ii) 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 any user guide, placement guidelines 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; or (iii) any non-Nest Labs-branded hardware products, even if packaged or sold with Nest Labs hardware. 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.
DISCLAIMER OF WARRANTIES
EXCEPT AS STATED ELSEWHERE 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.
LIMITATION OF DAMAGES
IN ADDITION TO THE WARRANTY DISCLAIMERS STATED ELSEWHERE IN THIS LIMITED WARRANTY, 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.
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. FOR EXAMPLE, A NOTIFICATION PROVIDED THROUGH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR AUDIBLE AND VISIBLE INDICATIONS IN THE HOME AND ON THE PRODUCT, NOR FOR A THIRD-PARTY MONITORING SERVICE THAT MONITORS ALARM STATE.
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.
Please direct any questions about this Limited Warranty to Nest Labs (Europe) Ltd. at Gordon House, Barrow Street, Dublin 4, Ireland, or to the authorised distributor if one is identified on the outside of the Product’s packaging, or through https://nest.com/choose-your-country/contact
REGIONAL MODIFICATIONS TO THE LIMITED WARRANTY
Your rights under this Limited Warranty are in addition to the statutory rights that you may have under the Competition and Consumer Act 2010, and other Australian consumer protection laws and regulations. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Warranty active as of October 2018. Review previous warranties here