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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 efforts 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'Ws cost, the affected
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
EXCEPT TO THE EXTENT SET FORTH ABOVE IN THIS LIMITED WARRANTY, THE
PRODUCTS ARE PROVIDED ON AN 'AS IS' BASIS, AND NETATMO DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS,
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