Nest Labs (Europe) Ltd.
Nest Learning Thermostat™
THIS LIMITED WARRANTY CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU UNDER THIS LIMITED WARRANTY.
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.This Limited Warranty only applies to Products purchased and used in the European Union, Norway and Switzerland.
WHAT THIS LIMITED WARRANTY COVERS; PERIOD OF COVERAGE
Nest Labs (Europe) Ltd. (“Nest Labs”) warrants to the owner of the enclosed product that the product contained in this box (“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) 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.
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, 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. 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 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.
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.
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.
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 through https://nest.com/eu/contact
Warranty active as of June, 2015.