Miele DAS 4930 Warranty conditions - Page 17
In No Event Shall Miele Be Liable To Any Miele Customer Or Any Third Party For Any Loss
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MANUFACTURER'S LIMITED WARRANTY FOR DOMESTIC APPLIANCES USA • Freight or shipping charges for sending an appliance to a Miele Repair Center. • Products installed in cabinetry and other types of built-in applications that are not accessible to the service technician. Miele is not responsible for the dismantling or reinstallation of fixed infrastructure when removing or returning the repaired or replaced product into a custom installation. REPAIR In case a Miele Product proves to be defective and provided that this Limited Warranty applies, Miele may repair the defective Miele Product. If Miele determines, in its sole discretion, that the warranted repair of any Miele Product is impossible or commercially impracticable, Miele will, in its sole discretion, either replace the Miele Product or refund the purchase price. DELIVERY OF A REPLACEMENT MIELE PRODUCT DOES NOT RESULT IN A RENEWAL OR EXTENSION OF THE WARRANTY PERIOD. COSMETIC DEFECTS Miele also warrants that a Miele Product is free from cosmetic defects in material and workmanship (such as scratches of stainless steel, paint/porcelain blemishes, chip, dents, or other damage to the finish of the Miele Product) (the "Cosmetic Limited Warranty"). The Warranty Period for the Cosmetic Limited Warranty is sixty (60) days. The Cosmetic Limited Warranty does not cover or apply to slight color variations due to inherent differences in painted and porcelain parts and differences caused by kitchen lighting, product location or other similar factors. The Cosmetic Limited Warranty specifically excludes any B-Stock, obsolete Miele Products and display or floor Miele Products, which are sold "as is" (including with scratches). REGISTRATION All Miele Customers are encouraged to register the Miele Products online at mieleusa.com/e/login or by filling out a Limited Warranty Card and mailing it to MIELE, INCORPORATED, 9 Independence Way, Princeton, NJ 08540. LIMITED WARRANTY PROCESS In case a Miele Customer finds the Miele Product to be defective in material or workmanship during the relevant Warranty Period, such Miele Customer shall promptly contact the Miele Technical Service by sending an email to [email protected] or by calling 888-996-4353. An authorized Miele service agent ("Authorized Miele Service Agent") may be dispatched to determine whether the Miele Product is defective and, if the Miele Product is defective and covered by this Limited Warranty, may, if possible and commercially practicable, repair, or make arrangements for the repair of, the Miele Product. Unless otherwise stated in this Limited Warranty, this will include parts and labor. Miele reserves the right to charge for exceptional shipping or transportation costs (e.g., ferries, plane trips or mileage in excess of 50 miles) as appropriate. Proof of purchase and, if applicable, verification of the installation of the Miele Product by an installer authorized by Miele will be required before any warranty service can be performed. EXCLUSION OF OTHER WARRANTIES TO THE EXTENT NOT PROHIBITED BY FEDERAL OR LAW, THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS LIMITED WARRANTY AND TO THE EXTENT NOT PROHIBITED BY FEDERAL OR STATE LAW, MIELE DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WARRANTIES OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, EXCEPT FOR THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FOR WHICH MIELE LIMITS THE DURATION AND REMEDIES TO THE DURATION OF THE EXPRESS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO ALL MIELE CUSTOMERS. LIMITATION OF LIABILITY IN NO EVENT SHALL MIELE BE LIABLE TO ANY MIELE CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF ANY BREACH OF THIS LIMITED WARRANTY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT MIELE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MIELE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY EXCEED THE TOTAL AMOUNT PAID BY A MIELE CUSTOMER FOR THE MIELE PRODUCT THAT GAVE RISE TO THE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME MIELE CUSTOMERS. 17