Warranty

Nest Limited Warranty
1. Nest Labs, Inc. (“Nest Labs” or “we”) warrants to the end user customer (“Customer”
or “you”) of the product (“Product”) that the Product hardware components
(“Product Hardware”), when used in accordance with the documentation
furnished by Nest Labs (“Documentation”), will be free in all material respects of
defects in materials and workmanship (“Limited Warranty”), for a period of two
(2) years after the date of purchase by Customer of the applicable Product from
Nest Labs or Nest Labs’ authorized reseller (the “Warranty Period”). If the
Product Hardware (or any component or portion thereof) fails to conform to the
Limited Warranty, Nest Labs will, at its own expense and as its sole obligation,
and Customer’s sole and exclusive remedy, for breach of this warranty either (at
Nest Labs’ sole discretion) (a) use commercially reasonable efforts to repair or
replace any defective Product Hardware; or (b) accept the return of the Product
incorporating the defective Product Hardware and refund to Customer the fees
actually paid by Customer to Nest Labs or Nest Labs’ authorized reseller for such
Product. Replacement Products and hardware may be refurbished and/or different
models, but will be functionally equivalent to the Products or hardware being
replaced. Any Product that has either been repaired or replaced under this Limited
Warranty will have warranty coverage for the longer of ninety (90) days or the
remaining Warranty Period. This Limited Warranty is transferable from Customer
to subsequent Product owners, but the Warranty Period will not be extended for
any such transfer.
2. !
3. Nest Labs’ warranty obligations are conditioned on Customer (a) notifying Nest Labs
through the contact information available at during the Warranty Period of any
failure of the Product to meet the Limited Warranty, including a detailed
description of such alleged failure, (b) otherwise complying with Nest Labs’ then-
current return merchandise authorization (RMA) guidelines (if any), and (c)
shipping the affected Product, at Customer’s cost, to Nest Labs for repair or
replacement. Nest Labs will have no warranty obligations with respect to a
returned Product, if it determines, in its reasonable discretion, after analysis of
that returned Product, that the Product is an Ineligible Product (defined below).
Nest Labs will bear all costs of return shipping to Customer, except with respect
to any Ineligible Product, for which Customer will bear all shipping costs.
4. !
5. Nest Labs will have no warranty obligation with respect to the following products
(“Ineligible Products”): (i) Product Hardware that have no defects in materials or
workmanship, (ii) Products with defects that are not reproducible by Nest Labs,
(iii) Products marked as “sample” or sold “AS IS, or (iv) Products that have been
subject to: (a) any modifications, alterations, repair, or servicing by any party