MIELE, INCORPORATED TERMS AND CONDITIONS
1. General.
Miele, Incorporated is the “Seller” for all sales of Products and provision of Services contemplated herein. Any person purchasing or offering to purchase Products from Seller or receiving or requesting to receive Services from Seller is herein referred to as the “Purchaser”. “Products” shall mean all products and related accessories and attachments, including replacements thereof, or spare or replacement parts, sold by Seller. “Services” shall mean any Product related services provided by a Seller service technician.
2. Applicability; Acceptance.
A. These terms and conditions (these “Terms & Conditions”) are the only terms which govern the sale of the Products by Seller to Purchaser and the provision of Services by Seller to Purchaser. These Terms & Conditions supersede any and all prior oral quotations, communications, agreements or understandings of the parties in respect of the sale and delivery of the Products and the provision of Services.
B. Seller’s acceptance of Purchaser’s order shall not constitute an acceptance of printed provisions on Purchaser’s order form, or any other form or document supplied by Purchaser, which are different from or additional to these Terms & Conditions unless specifically accepted in writing by an authorized officer of Seller, and such different or additional terms or conditions are hereby expressly rejected and are rendered null, void and of no effect. These Terms & Conditions may not be modified, amended, waived, superseded, or rescinded, except by a written agreement signed by an authorized officer of Seller.
C. Authorization for ACH Debit for Business Customers: By clicking “Pay” or otherwise authorizing a payment, I authorize Miele, Inc. to initiate an electronic debit to the bank account for the amount specified. I understand that this authorization permits Miele to debit the account via the Automated Clearing House (ACH) network for the transaction. I certify that I am an authorized signer on the bank account provided and that the information is accurate and that ACH transactions I authorize comply with applicable law. I understand that this is a one-time payment. I may revoke this authorization by contacting Miele at accountsreceivable@mieleusa.com / (609) 759-9777, provided that such revocation is received before the transaction is processed. Once payment is authorized, there cannot be any changes or corrections. Payments made after 3:00 p.m. Eastern Time will be applied as of the next business day. Please print this authorization and the transaction details for your records.
3. Material Furnished by Seller.
All drawings, specifications, blueprints, measurements, manuals and other material furnished to Purchaser by Seller hereunder are subject to modification and are not binding unless so stated in writing by Seller. Seller reserves the right to correct clerical and typographical errors of any line. Seller reserves the right to modify, improve or discontinue Products, or to change specifications, at any time, without notice.
4. Prices.
All prices quoted are subject to change and are not binding on Seller unless so stated in writing by Seller. Freight, insurance, packing and any such other costs incurred in respect of the Products are not included in the price unless otherwise stated in the quotation or order confirmation. In addition, any governmental sales, use, value added or similar taxes which are assessed against the Products or in connection with the sale of the Products or the provision of Services are not included in the price, unless otherwise agreed in writing by Seller.
5. Subscriptions.
5.1 We offer a subscription service through which you can take out a subscription via our website www.miele.de to receive certain consumable products (such as Ultraphase and PowerDisk) on a regular basis. Subscriptions entitle you to a discount on the prices applicable at the time the relevant purchase contract is concluded.
5.2 A Miele account is required to set up a subscription. During the ordering process, you can select the quantity of products to be delivered, the start date of the subscription and the delivery interval. The products you have selected will then be delivered automatically at the interval you have chosen. You will receive a confirmatory email from us after successfully setting up a subscription.
5.3 We will email you details of each auto-delivery five (5) days before dispatch. Products will be delivered automatically at the selected interval. Each delivery is billed separately via your selected payment method. We will charge your payment method on a recurring basis unless the subscription is cancelled. You can find your next billing date in the ‘My Orders’ section of your customer account. Please note that the payment and delivery cycle may change if there are issues with your chosen payment method (e.g. if a credit card expires) or if you modify your subscription.
5.4 Prices, discounts offered and product availability may change during the term of your subscription. If the price of a product increases, we will inform you by email at least thirty (30) days before the next charge and request your consent to the increased price. If you do not consent to the increased price, your subscription will be cancelled with respect to the affected product. You also may cancel your subscription at any time before the new price applies.
5.5 Your subscription runs continues until cancelled. You may cancel or change your subscription at any time for future deliveries. To cancel or modify, log into your account on our website www.miele.de, navigate to the ‘My Orders / Subscriptions’ section to modify or cancel your subscription, or contact customer support by phone (888-996-4353) or by email (info@mieleusa.com). There are no cancellation fees. Cancellation takes effect immediately for future deliveries; no charge will be made for the next delivery period. Cancellation will not affect orders that already have been processed.
5.6 Following cancellation, you may take out a new subscription at any time. However, we reserve the right to refuse a new subscription if we have previously terminated the subscription for valid reasons.
5.7 At least once per year, we will send a reminder to you regarding your subscription and how to cancel.
5.8 We reserve the right, at our reasonable discretion, to cancel or refuse your subscription for objective reasons, in particular (but not limited to) in the following cases:
(i) if we have reasonable grounds to believe that you are in breach of these terms and conditions;
(ii) if we have reasonable grounds to suspect fraudulent activity in connection with your customer account;
(iii) if we remove the subscription offer from our website; or
(iv) if we remove the product or products offered as part of the subscription from our website.
In the event of cancellation, you will not be charged any further amounts.
5.9 Each delivery constitutes a separate purchase contract, which comes into effect upon processing of your payment and the dispatch of a confirmation email.
5.10 For reasons of health and hygiene, the right of return for sealed goods expires if the seal has been removed after delivery.
6. Delivery.
A. Delivery of the Products shall be made FCA Seller’s designated shipping location (Incoterms 2010).
B. Delivery dates and dates for the provision of Services provided by Seller are estimates only and are subject to change for any reason. They shall not operate to bind Seller to ship or deliver the Products on the dates indicated or provide the Services on the dates indicated. Seller shall not incur any liability whatsoever for any damages arising out of, or relating to, changes in delivery dates, partial shipments or untimely performance, which may be incurred by Purchaser. Seller reserves the right to make partial deliveries of the Products and to submit separate invoices to Purchaser for each such partial delivery.
7. Risk of Loss.
Risk of loss or damage to the Products sold hereunder shall pass to Purchaser when the Products are delivered pursuant to Paragraph 6.
8. Grant of Security Interest.
A. Purchaser hereby grants Seller a security interest in (or to the extent appropriate under applicable law reserves title for or grants to Seller a chattel mortgage in) any Products currently or hereafter held by Purchaser and in the proceeds thereof (including sale or insurance proceeds and accounts receivable), to secure payment of the purchase price for all Products currently, previously or hereafter sold by Seller to Purchaser and to secure all costs, expenses or other charges required to be paid by Purchaser to Seller pursuant to these Terms & Conditions. Purchaser agrees to furnish to Seller all information requested by Seller in connection with the creation, perfection, preservation and enforcement of Seller’s security interest (or reservation of title or mortgage) in the Products. Purchaser specifically agrees that Seller may file one or more financing statements or other documents necessary or appropriate in order to create, perfect, preserve or enforce Seller’s security interest (or reservation of title or mortgage) in the Products pursuant to the Uniform Commercial Code and hereby authorizes Seller and any officer or other representative of Seller to prepare and file UCC-1 Financing Statements on behalf of Purchaser and further irrevocably grants to Seller a power of attorney to execute such statements or documents in Purchaser’s name.
B. Upon any default by Purchaser hereunder, Seller shall have all the rights, remedies and privileges accorded to Seller, as a secured party, under applicable sections of the Uniform Commercial Code and any applicable state or local laws. Seller’s reasonable costs and expenses (including, but not limited to, attorneys’ fees and court costs) for pursuing, searching for, receiving, taking, keeping, storing, advertising and selling the Products shall be paid by Purchaser, who shall remain liable for any deficiency resulting from a sale of the Products and shall pay any such deficiency forthwith on demand. The requirement of reasonable notice of sale shall be met if such notice is mailed and addressed to Purchaser at its address at least ten (10) days prior to the date of sale.
9. Payment Terms.
A. Purchaser shall pay to Seller the invoice price of the Products sold hereunder, in full and without any deduction offset of any kind whatsoever, in advance of the delivery of the Products. For the provision of Services, Purchase shall make the payment at the time when the Services are provided.
B. All payments for the Products shall be made by credit card or wire transfer. All payments for the provision of Services shall be made by credit card.
C. With respect to credit card payments, Purchaser may notice a temporary additional authorization in the amount of 10% of the invoice price. This temporary additional authorization is usually required for any small values or rounding differences such as for tax, freight or similar and helps ensure a timely processing of the order. Once the order is completed, the additional authorization will be removed as per the Purchaser’s bank processes.
10. No Return of Products; Limited Warranty.
A. Seller sells premium products and operates under a no return policy for direct consumer sales. Accordingly, Purchaser is not allowed to return any Product.
B. Seller provides the limited warranty set forth in: https://www.mieleusa.com/domestic/warranties-3129.htm to Purchaser. Purchaser is invited to register the purchased Product online at https://www.mieleusa.com/domestic/product-registration-3297.htm or, if Purchaser does not have internet access, by completing a limited warranty card and mailing it to: Miele, Inc., 9 Independence Way, Princeton, N.J. 08540. 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, SELLER 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 SELLER 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 PURCHASERS. THIS LIMITED WARRANTY GIVES PURCHASERS SPECIFIC LEGAL RIGHTS, AND PURCHASERS MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
11. Cancellation of Order.
Before a Product is delivered pursuant to Paragraph 6.A, Purchaser may attempt to cancel or modify an order by contacting the Miele Customer Support Department which can be reached either by phone (888-996-4353) or by email (info@mieleusa.com). Seller may try to accommodate Purchaser but does not guarantee that an order can be canceled or modified after it has been saved online. After the delivery of the Product has been initiated, an order cannot be cancelled or modified.
12. Force Majeure.
No liability shall result to Seller from any delay in performance or from non-performance caused by earthquakes, lightning, storms, floods, or other acts of God, strikes, lockouts, work stoppages or other labor or industrial disturbances, wars, blockades, quarantine restrictions, embargoes, insurrections, riots, epidemics, fires, civil disturbances, explosions, partial or entire failure of production facilities, inability to obtain transportation, shortages of raw materials, governmental laws, ordinances, rules and regulations or temporary failure of electric power, or any other unforeseeable circumstances of a similar nature beyond Seller’s reasonable control; provided that Seller (i) notifies Purchaser of the existence of such cause and its probable duration and (ii) makes all reasonable efforts to prevent, limit and remove the effects of such cause.
13. Indemnification.
Seller shall not be liable for and Purchaser agrees to defend, indemnify and hold Seller harmless from and against any and all costs, losses, expenses, damages, claims, liabilities or fines (including attorneys’ fees and court costs), including claims for personal injury or property damages, resulting from or arising in connection with the improper use, operation, or maintenance or unauthorized alteration, modification or repair of the Products, Purchaser’s failure to properly communicate the safety warnings and instructions to users of the Products, Purchaser’s failure to comply with its covenants under these Terms & Conditions or Purchaser’s non-compliance with applicable laws, rules and regulations; except for such costs, losses, expenses, damages, claims, liabilities or fines which are directly caused by Seller’s willful misconduct or gross negligence.
14. Safety Warnings & Instructions.
Purchaser covenants and agrees to:
i. maintain and refrain from removing any safety labels on the Products;
ii. comply with, all safety warnings and instructions;
iii. fully apply all appropriate safety guards and features in connection with the use of the Products; and
iv. educate appropriately its family members and other users in the safe installation, repair, maintenance, and use of the Products.
15. Miscellaneous.
A. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SELLER DISCLAIMS ANY AND ALL LIABILITY, WHETHER DIRECTLY OR BY WAY OF INDEMNITY, FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT, STRICT OR PRODUCTS LIABILITY, INFRINGEMENT OF PATENTS, TRADE SECRETS, TRADEMARKS, COPYRIGHTS OR OTHER PROPRIETARY RIGHTS, OR ANY OTHER LEGAL THEORY IN CONNECTION WITH THE PURCHASE OR USE OF THE PRODUCTS. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY PURCHASER TO SELLER FOR THE PRODUCTS SOLD HEREUNDER, RESPECTIVELY FOR THE PROVISON OF SERVICES.
B. The invalidity or unenforceability of any provision or portion of these Terms & Conditions shall not affect the validity or enforceability of the remaining provisions hereof, and such remaining provisions shall remain in full force and effect.
C. Any collection, processing and use of Purchaser’s personal data is governed by Seller’s Privacy Policy which can be found at https://www.mieleusa.com/domestic/privacy-policy-3762.htm.
D. The failure or omission of either party hereto to insist, in any instance, upon and performance by the other party of any term or condition of these Terms & Conditions or to exercise any of its rights hereunder shall not be deemed to be a modification of any term hereof or a waiver or relinquishment of the future performance of any such term or condition by such party, nor shall such failure or omission constitute a waiver on the right of such party to insist upon future performance by the other party of any such term or condition.
E. These Terms & Conditions shall be governed by, and construed in accordance with, the law of the State of New Jersey without reference to its conflicts-of-law principles; provided, however, that the parties hereto expressly exclude the application of the 1980 United Nations Convention on Contracts for the International Sales of Goods.
F. Any dispute, controversy or claim arising out of or relating to these Terms & Conditions, including but not limited to the execution, performance or termination thereof or to any issue of liability arising out of the performance of these Terms & Conditions, which the parties have not been able to settle amicably shall be submitted to the exclusive jurisdiction of the state or federal courts with jurisdiction in the State of New Jersey. Each party hereby waives any and all claims, pleas or defenses (including without limitation a plea for forum non conveniens) that would permit such party to seek the jurisdiction of any courts or arbitration tribunals other than those set forth in the preceding sentence. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS.
G. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender and neuter, and vice versa. Whenever the words “include,” “includes” or “including” are used in these Terms & Conditions, they shall be deemed to be followed by the words “without limitation” whether or not such words actually appear thereafter. Whenever the word “or” is used in these Terms & Conditions, it shall not be deemed to be exclusive. Headings in these Terms & Conditions are for convenience only and shall not affect the interpretation of these Terms & Conditions or of any provision herein. PURCHASER WAIVES THE APPLICATION OF ANY LAW, INCLUDING ANY RULE OF CONSTRUCTION) PROVIDING THAT AMBIGUITIES IN AN AGREEMENT OR OTHER DOCUMENT WILL BE CONSTRUED AGAINST THE PARTY DRAFTING SUCH AGREEMENT OR DOCUMENT.
Status: September 2023