Miele DAS 4940 Warranty conditions - Page 21

MANUFACTURER'S LIMITED WARRANTY PROFESSIONAL LAUNDRY, LABWASHERS, DISINFECTORS, DISHWASHERS USA 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. REMEDIES THE REMEDIES UNDER THIS LIMITED WARRANTY ARE MIELE CUSTOMERS' SOLE AND EXCLUSIVE REMEDIES AND MIELE'S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. MIELE CUSTOMERS MAY HAVE OTHER RIGHTS APART FROM THE SPECIFIC LEGAL RIGHTS SET FORTH HEREIN, WHICH VARY FROM STATE TO STATE. DISPUTES If a Miele Customer is not satisfied with the warranty service provided, the Miele Customer shall submit a claim in writing to Miele's Dispute Settlement Representative at MIELE, INCORPORATED, 9 Independence Way, Princeton, NJ 08540. The written notice must include the model and serial number of the Miele Product, the Authorized Miele Dealer from whom the Miele Product was purchased, the Authorized Miele Service Agent who performed the warranty service, the purchase date, a detailed description of the problem and the address and phone number at which the Miele Customer can be reached. Miele will review each such notice promptly and thoroughly and respond to the Miele Customer in order to address the Miele Customer's concern. Any warranty claims shall be governed by the laws of the State of New Jersey and shall be subject exclusively to the jurisdiction of the courts located in Mercer County, New Jersey. If Miele prevails, Miele shall be entitled to reimbursement of all costs and expenses, including attorney's fees, from the Miele Customer. EACH AND EVERY MIELE CUSTOMER IRREVOCABLY AND UNCONDITIONALLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS LIMITED WARRANTY. EXTENDED LIMITED WARRANTY In addition to this Limited Warranty, Miele Customers owning Miele residential appliances may be eligible to purchase an extended limited warranty for their household appliances, subject to the terms set forth on Miele's website. For more information, the Miele Customers are kindly requested to visit Miele's website at mieleusa.com. In addition to this Limited Warranty, Miele Customers owning Miele Professional appliances may be eligible to purchase an extended limited warranty for their appliances, subject to the terms set forth on Miele's website. For more information, the Miele Customers are kindly requested to visit Miele's website at mieleusa.com or mieleusa.com/ professional/index.htm. CHANGES TO THIS LIMITED WARRANTY Miele may change the terms or availability of this Limited Warranty at any time at Miele's sole discretion without prior notice, but such changes will not apply to any claims made prior to the effective date of such change. January 2023 ©2023 Miele, Inc. 21