TERMS AND CONDITIONS
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 These Terms & Conditions may not be modified, amended, waived, superseded, or rescinded, except by a written agreement signed by an authorized officer of Seller.
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.
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.
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.
6. 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 5.1.
7. 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.
8. 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.
9. 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 to Purchaser. In order to be entitled to the limited product warranty, Purchaser must register the purchased Product online at https://www.mieleusa.com 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.
C. EXCEPT FOR THE WARRANTY SET FORTH IN PARAGRAPH 9.2., SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS OR THE PROVISION OF SERVICES, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
10. Cancellation of Order.
Before a Product is delivered pursuant to Paragraph 5.1, Purchaser may attempt to cancel or modify an order by contacting the Miele Sales Support Department which can be reached either by phone (800-666-0486) or by email (RAdept@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.
11. 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. ,/p>
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.
13. 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.
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.
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: February 2020
What Does This Warranty Cover?
Miele Inc., a Delaware corporation (hereinafter “Miele”), warrants to the original purchaser (the “Miele Customer”) of the Miele product (the “Miele Product”), who purchased the appliance from a distributor, dealer, manufacturer’s representative, or other seller who has been authorized by Miele (“Authorized Miele Dealer”), that this Miele Product, including any of its original accessories, is free of defects in material and workmanship, subject to the terms and conditions set forth herein. This Limited Warranty covers parts and labor, except as set forth in this Limited Warranty.
Where Is This Limited Warranty Valid?
This Limited Warranty is only applicable, if the Miele Product was installed in the United States of America (“U.S.”) or Puerto Rico by an installer authorized by Miele (“Authorized Miele Installer”), or if the Miele Product is a Miele Marine appliance and was installed on board a vessel before it left the U.S. or Puerto Rico.
What Is Required to Request Warranty Service?
Verification of the purchase date and of the authorized installation shall be required before warranty service is performed.
When Does The Limited Warranty Expire?
- For Residential Miele Products Used Exclusively for Household/Personal Purposes:
One (1) Year or Two (2) Year Limited Warranty - Any warranty claims for residential Miele Products must be received by Miele within one (1) year from the date of purchase. If the Miele Product was properly installed and registered by an Authorized Miele Installer, this Limited Warranty will be extended for an additional (1) year.
Sealed Refrigeration Systems
An additional Limited Warranty for the Sealed Refrigeration System, which includes all original compressors, condensers, evaporators, driers, the original refrigerant and the original connecting tubing, is extended as follows:
Five (5) Year Limited Warranty - If a claim regarding a defect in material or workmanship relating to the Sealed Refrigeration Systems used in Miele Refrigerators, Wine Coolers, and Freezers is received by Miele within five (5) years from the date of purchase, then any warranted failures of the Sealed Refrigeration System shall be repaired at no cost to the Miele Customer. This includes both parts and labor.
Ten (10) Year Limited Warranty - If a claim of such a defect is received at any time during the period starting on the first day of the sixth (6th) year and ending on the last day of the tenth (10th) year after the date of purchase, this Limited Warranty shall cover the replacement of all parts of the Sealed Refrigeration System that are found to be defective, but shall not cover labor.
- For Residential Miele Products Not Used Exclusively For Household Purposes, Used Commercially Or Used In Mobile Or Aeronautical Applications:
Six (6) Month Limited Warranty – Any warranty claims for Miele Products not used exclusively for household and personal use, used commercially or used in a mobile or aeronautical application must be received by Miele within six (6) months from the date of purchase.
Sealed Refrigeration Systems
An additional Limited Warranty for the Sealed Refrigeration System, which includes all original compressors, condensers, evaporators, driers, the original refrigerant and the original connecting tubing, is extended for one (1) year from the date of purchase.
- For RemoteVision® Modules:
Please refer to Miele’s “Limited Warranty – RemoteVision® Module – USA”.
For CM model Countertop Coffee Machines and FashionMaster® ironing systems
An additional Limited Warranty covering Parts & Labor of one (1) year (2 years total) applies to all CM model (CMxxxx) countertop coffee machines and FashionMaster® ironing systems which are used non-commercially and exclusively for Household/Personal purposes, and have been registered with Miele, Inc.
How To Register?
Miele Products may be registered online at https://www.mieleusa.com/e/login or by filling out a Limited Warranty Card and mailing it to Miele, Inc., 9 Independence Way, Princeton, N.J. 08540.
What If Repair Is Impossible?
If Miele determines that the warranted repair of any Miele Product is impossible, the Miele Product shall, at Miele’s discretion, either be replaced or refunded.
What Is Not Covered By This Limited Warranty?
This Limited Warranty does not cover:
- Damage or defects caused by, or resulting from, repairs, service, conversion or alterations to the Miele Product or any of its parts and accessories which have been performed by service centers or repairmen not authorized by Miele; damage or defects caused by negligence, improper installation, accident, abuse, misuse, power interruptions, power surges, floods, natural disasters, or force majeure; or improper maintenance of the Miele Product or its parts or accessories.
- Direct, indirect or consequential damages, losses or other costs and expenses resulting from any spoilage of any items stored in a Miele refrigeration system, including refrigerators, wine coolers and freezers, whether they be food, medicine, or otherwise, or damage to or destruction or loss of clothing or other textiles, dishes, china, flatware or other items placed in a Miele Product.
- Ordinary wear and tear.
- Consumable items such as water filter cartridges.
- Vacuum cleaners.
- Miele Products covered by third party “Extended Warranties”, which are sold separately by dealers, distributors or other third parties.
- 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. We are not responsible for the dismantling or reinstallation of fixed infrastructure when removing or returning repaired or replaced product into a custom installation.
Exclusion Of Other Warranties
Any express or implied warranties with respect to the Miele Product are limited in their duration to the term of the Limited Warranty provided herein, including without limitation any warranty of merchantability or fitness for a particular purpose.
Limitation Of Liability For Special, Incidental, Consequential Or Punitive Damages
Miele specifically disclaims any and all liability, whether directly or by way of indemnity, for special, incidental, consequential, punitive or exemplary loss or damage, including as a result of food spoilage or damage to or destruction or loss of clothing or other textiles, dishes, china, flatware or other items placed in a Miele Product or other consequences of any defect in materials or workmanship (including loss or damage to property, personal injury or death), whether based on breach of contract, tort, strict or product liability, or any other legal theory.
If the Miele Customer is not satisfied with the warranty service, he or she must submit a claim in writing to Miele’s Dispute Settlement Representative at Miele, Inc., 9 Independence Way, Princeton, N.J. 08540. The written notice must include the model and serial number of the Miele Product, the Authorized Miele Dealer (or seller) from which the Miele Product was purchased, the Authorized Miele Servicer Provider who performed the warranty service, the purchase date, a detailed description of the problem and the address at which the Miele Customer can be reached. Miele is committed to review each such notice promptly and thoroughly and to respond to the Miele Customer in order to settle such dispute. Any decision is not binding. The Miele Customer is free initiate an action or proceeding; however, under federal law, no such lawsuit may be initiated unless and until the dispute settlement procedures outlined in this Limited Warranty have been exhausted. 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.
Special State Laws
This Limited Warranty gives the Miele Customer specific legal rights. In addition, the Miele Customer may have other rights, which may vary, from state to state.
Extended Limited Warranty
In addition to this Warranty, customers owning Miele Residential appliances are eligible to purchase an extended limited warranty for their household appliances, subject to the terms set forth on Miele’s website. For more information, please visit us at http://www.mieleusa.com.
How To Obtain Warranty Service For The Miele Product?
If during the relevant warranty period the Miele Customer finds the Miele Product to be defective in material or workmanship and the failure is promptly and timely reported to Miele in accordance with this Limited Warranty, an authorized Miele service agent (“Authorized Miele Service Agent”) shall be dispatched to determine whether the Miele Product is defective and, if the Miele Product is defective and covered by this Limited Warranty, shall, if possible, repair, or make arrangements for the repair of, the Miele Product at no cost to you. 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.
For service under this Limited Warranty, or for product information, please contact Miele Technical Service at firstname.lastname@example.org or by calling 888-996-4353.
Sept 1, 2018
©2018 Miele, Inc.
What This Warranty Covers and For What Period The Coverage Extends
Miele, Inc. (hereinafter "Miele") warrants to the original purchaser of this product, living in the United States of America, who purchased their vacuum from a Miele Authorized Dealer:
- That this product, including all of its Miele authorized parts is free of defects in material and workmanship.
- That this product, if found to be defective within the stated warranty period, will be repaired free of charge to the consumer (both parts and labor) by an authorized Miele service agent.
- The warranty period for vacuum cleaners, with the exception of “HomeCare” sub-models, is as follows:
Classic Series Canister Vacuums
Swing Series H1 Vacuums
Compact Series Canister Vacuums
Scout Robotic Vacuums
Complete Series Canister Vacuums
Dynamic Series Upright Vacuums
Blizzard Bagless Series Canister Vacuums
- The warranty period for all “HomeCare” sub-model types is 5 (five) full years from the date of purchase.
- This warranty only applies while the product remains within the United States, and is null and void in any other US territories, possessions, or foreign countries.
Vacuum cleaners other than the Scout RX1 and Scout RX2 used for commercial purposes will be warranted for a period of six (6) months from the date of purchase. There is no warranty for the Scout RX1 or Scout RX2 used for commercial purposes. Thereafter this Limited Warranty shall be null and void.
What is not covered by this Warranty
This warranty does not cover damage or defects caused by or resulting from repairs, service or alterations to the product or any of its parts or accessories which have been performed by service centers or repairmen not authorized by Miele, or damage or defects caused by negligence, accident, abuse, misuse, improper or abnormal usage or maintenance of the product, its parts or accessories, or damages caused by the use or installation of non-genuine Miele parts Ordinary wear and tear or cosmetic damage (scuffs, scratches, gouges, dents, etc.) shall not be considered a defect in materials or workmanship.
Exclusion of Other Warranties
Except for the limited warranty provided herein, Miele disclaims any and all other express warranties with respect to the product. Any warranty of merchantability or fitness for a particular purpose is limited in its duration to the term of the limited warranty provided herein.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation of Liability for Special, Incidental or Consequential Damages
Miele will assume no liability, or other obligation with respect to any personal injury or property damage resulting from the use of a vacuum cleaner, or its accessories, replacement parts, etc., which has not been purchased from, or serviced by an Authorized Miele Dealer. Any purchaser who obtains a vacuum cleaner, accessories, replacement parts, etc., from someone other than an Authorized Miele dealer proceeds at their own risk.
Miele specifically 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 product liability, or any other legal theory.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Special State Laws
This Limited Warranty gives you specific legal rights; you may have other rights, which vary, from state to state.
For service under this Limited Warranty, or to find an Authorized Miele Dealer in your area, please visit us at www.mieleusa.com.
DEFINITIONS: “We”, “Us” and “Our” shall mean AMT Warranty Corp., who is the Administrator under this Service Agreement. In Florida “We”, “Us” and “Our” shall mean Technology Insurance Company, Inc. “You” or “Your” shall mean the purchaser of the Product(s) covered by this Service Agreement. “Product” shall mean the item(s) which you purchased concurrently with and is covered by this Service Agreement.
WHAT IS COVERED: In consideration of payment of the Service Agreement price, We agree to furnish or pay for labor or parts or replacement equipment required to repair a mechanical or electrical failure of the covered product during normal usage for the term of this Service Agreement, if the Product is not covered under any other warranty or service contract. Non-original manufacturer’s parts of like kind and quality may be used if the original manufacturer’s parts are unavailable. In lieu of repairing the Product, We reserve the right, at Our sole discretion, to replace the Product with a product of equal or similar features and functionality. If the Product is replaced, We will have no further obligation to repair or replace the Product and You will not be entitled to make any further claims for its repair or replacement. This Service Agreement does not cover repairs to the Product for any of the causes or provide coverage for any losses set forth in the section entitled WHAT IS NOT COVERED below.
ELECTRICAL SURGE PROTECTION: This Service Agreement also covers the electrical or mechanical failure of Your product (s) resulting from power surge caused by lightning or power outage. POWER SURGE DOES NOT COVER DAMAGES CAUSED BY IMPROPER INSTALLATION OR CONNECTION TO AN INCORRECT POWER SOURCE.
FOOD LOSS PROTECTION FOR REFRIGERATORS OR FREEZERS ONLY: We will reimburse You up to $100.00 in any one (1) year of coverage for any food spoilage resulting from a covered mechanical or electrical failure of Your Product. We reserve the right to request purchase receipts and/or a list of spoiled contents for food spoilage claims reported to Us.
DEDUCTIBLE: There is no deductible required to obtain service on Your Product.
PLACE OF SERVICE: If You purchased On-Site Service, we will arrange to repair or replace the Product at Your location during normal business hours. If you purchased Carry/Mail-In Service, You will be responsible for delivery or shipment, prepaid and insured, of the Product to Our authorized service facility for repair or replacement.
LIMIT OF LIABILITY: The total amount that We will pay for repairs made in connection with all claims that You make pursuant to this Service Agreement shall not exceed the purchase price of the Product, less taxes. In the event We make payments for repairs , which in the aggregate, are equal to the purchase price or We replace the Product, We will have no further obligations under this Service Agreement.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE. WE SHALL NOT BE LIABLE FOR ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE AGREEMENT, INCLUDING INHERENT PRODUCT FLAWS.
TERM: This Service Agreement shall commence immediately upon expiration of the shortest portion of the manufacturer ’s original written warranty. If for example, the manufacturer provides a split warranty coverage program wherein the term durations are unequal for parts and labor (e.g., three months of labor and twelve months of parts coverage), and You have purchased a 12 month (365 days) extended service agreement, this plan shall commence on day 91 when the shortest portion of the manufacturer’s warranty ends and will provide labor coverage through day 455. Both parts and labor coverage under this Service Agreement shall expire at the end of day 455. The product manufacturer has primary responsibility for replacement or repair of the Product during the manufacturer’s warranty period. It shall remain in effect, subject to the Limit of Liability defined above, for the term specified in the sales documentation provided to You at time of purchase. All Products and/or parts replaced under this Service Agreement are the property of US in their entirety.
WHAT IS NOT COVERED: (A) ANY EQUIPMENT LOCATED OUTSIDE THE UNITED STATES OF AMERICA OR CANADA; (B) EQUIPMENT SOLD WITHOUT A MANUFACTURER’S WARRANTY OR SOLD “AS IS;” (C) REFURBISHED PRODUCTS WITH LESS THAN AN ORIGINAL NINETY (90) DAYS MANUFACTURER’S PARTS AND LABOR LIMITED WARRANTY; (D) MAINTENANCE, REPAIR OR REPLACEMENT NECESSITATED BY LOSS OR DAMAGE RESULTING FROM ANY CAUSE OTHER THAN NORMAL USE AND OPERATION OF THE PRODUCT IN ACCORDANCE WITH THE MANUFACTURER’S
SPECIFICATIONS AND OWNER’S MANUAL, INCLUDING BUT NOT LIMITED TO, THEFT, EXPOSURE TO WEATHER CONDITIONS, OPERATOR NEGLIGENCE, MISUSE, ABUSE, IMPROPER ELECTRICAL/POWER SUPPLY, ETC.; (E) UNAUTHORIZED REPAIRS, IMPROPER INSTALLATION OR ATTACHMENTS, TRANSPORTATION DAMAGE; (F) COSMETIC DAMAGE TO CASE OR CABINETRY OR OTHER NON-OPERATING PARTS OR COMPONENTS; (G) LACK OF MANUFACTURER SPECIFIED MAINTENANCE, IMPROPER EQUIPMENT MODIFICATIONS, VANDALISM, ANIMAL OR INSECT INFESTATION, RUST, DUST, CORROSION, DEFECTIVE BATTERIES, BATTERY LEAKAGE, OR ACTS OF NATURE OR ANY OTHER PERIL ORIGINATING FROM OUTSIDE THE PRODUCT; (H) ALL DISPLAY PRODUCTS THAT ARE USED IN AN APPLICATION THAT REQUIRES CONTINUOUS BUSINESS AND/OR COMMERCIAL OPERATION; (I) EQUIPMENT USED IN INDUSTRIAL SETTINGS; EQUIPMENT USED IN INDUSTRIAL SETTINGS MAY BE DEFINED AS: (1) ANY UTILIZATION OF EQUIPMENT THAT IS INCONSISTENT WITH EITHER THE DESIGN OF THE EQUIPMENT OR THE WAY THE MANUFACTURER INTENDED THE EQUIPMENT TO BE USED; AND (2) ANY AND ALL CASES IN WHICH THE MANUFACTURER OF THE EQUIPMENT WOULD NOT HONOR ANY WARRANTY REGARDING THE EQUIPMENT; (J) ANY AND ALL ACCIDENTAL DAMAGE, CRACKED OR DAMAGED MONITOR, LAPTOP OR DISPLAY SCREENS, DAMAGE DUE TO WATER OR LIQUID MARKS AND/OR RINGS; (K) COMPONENTS NOT CONTAINED WITH THE HOUSINGS OF THE COVERED PRODUCT(S) SUCH AS ELECTRICAL WIRING, WATER OR GAS PIPING, HOSES, DUCTWORK, DRAINS, ETC.; (L) ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS CONTRACT; (M) SERVICE NECESSARY BECAUSE OF IMPROPER STORAGE, IMPROPER VENTILATION, RECONFIGURATION OF EQUIPMENT, USE OR MOVEMENT OF THE EQUIPMENT, INCLUDING THE FAILURE TO PLACE THE EQUIPMENT IN AN AREA THAT COMPLIES WITH THE MANUFACTURER’S PUBLISHED SPACE OR ENVIRONMENTAL REQUIREMENTS; (N) ANY UTILIZATION OF EQUIPMENT THAT IS INCONSISTENT WITH EITHER THE DESIGN OF THE EQUIPMENT OR THE WAY THE MANUFACTURER INTENDED THE EQUIPMENT TO BE USED; (O) ANY INSTALLATION THAT PREVENTS NORMAL SERVICE; (P) ANY AND ALL CASES IN WHICH THE MANUFACTURER OF THE EQUIPMENT WOULD NOT HONOR ANY WARRANTY REGARDING THE EQUIPMENT; (Q) FAILURE TO USE REASONABLE MEANS TO PROTECT YOUR PRODUCT FROM FURTHER DAMAGE AFTER A FAILURE OCCURS; (R) LOSS OR DAMAGE DUE TO FAILURE TO REPLENISH OR REPLACE COOLANTS, LUBRICANTS, REFRIGERANT OR ANY OTHER FLUID REQUIRED BY THE MANUFACTURER; (S) CONSUMABLES SUCH AS FILTERS, VACUUM CLEANER BAGS, BATTERIES, BULBS, DRUMS, SEWING MACHINE NEEDLES, KNOBS, ANY BELTS, DRIVE BELTS OR OTHER OPERATING SUPPLIES; (T) UNAUTHORIZED TRANSPORTATION CHARGES IF SERVICE IS SPECIFIED ON YOUR SALES RECEIPT AS CARRY IN; (U) PRODUCT(S) WITH REMOVED OR ALTERED SERIAL NUMBERS; (V) REPAIRS RECOMMENDED BY A REPAIR FACILITY NOT NECESSITATED BY MECHANICAL OR ELECTRICAL BREAKDOWN; (W) ANY REPAIR THAT IS A RESULT OF IN-WARRANTY PARTS NOT PROVIDED OR SHIPPED BY THE MANUFACTURER; (X) DAMAGE OR EQUIPMENT FAILURE WHICH IS COVERED BY MANUFACTURER’S WARRANTY, MANUFACTURER’S RECALL, OR FACTORY BULLETINS (REGARDLESS OF WHETHER OR NOT THE MANUFACTURER IS DOING BUSINESS AS AN ONGOING ENTERPRISE.); (Y) CLEANING, PREVENTIVE MAINTENANCE OR CUSTOMER EDUCATION; (Z) SYSTEMS OR COMPONENT(S) THAT ARE COVERED BY A MANUFACTURER’S WARRANTY, INSURANCE OR ANOTHER SERVICE CONTRACT; (AA) CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS CONTRACT OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS AT THE REPAIR CENTER OR OTHERWISE AWAITING PARTS; (AB) SERVICE REQUIRED AS A RESULT OF ANY ALTERATION OF THE EQUIPMENT OR REPAIRS MADE BY ANYONE OTHER THAN THE AUTHORIZED SERVICE PROVIDER, ITS AGENTS, DISTRIBUTORS, CONTRACTORS OR LICENSEES OR THE USE OF SUPPLIES OTHER THAN THOSE RECOMMENDED BY THE MANUFACTURER; (AC) ANY AND ALL REMOTE CONTROLS; (AD) REPLACEMENT OF REFRIGERANT OR FLUIDS UNLESS THE LOSS IS CAUSED BY A COVERED FAILURE; (AE) ANY COVERED PRODUCT USED FOR ANY PURPOSE OTHER THAN SINGLE FAMILY HOUSEHOLD PURPOSES; (AF) CHARGES RELATED TO “NO PROBLEM FOUND” DIAGNOSIS. NON FAILURE PROBLEMS, INCLUDING BUT NOT LIMITED TO, ITEMS NOT COVERED, NOISES, SQUEAKS, ETC. INTERMITTENT ISSUES ARE NOT PRODUCT FAILURES.
CUSTOM INSTALLATIONS: Products installed in cabinetry and other types of built-in applications are eligible for service as long as You make the product accessible to the service technician. WE ARE NOT RESPONSIBLE FOR THE DISMANTLING OR
REINSTALLATION OF FIXED INFRASTRUCTURE WHEN REMOVING OR RETURNING REPAIRED OR REPLACED PRODUCT INTO A CUSTOM INSTALLATION.
In the event that Our authorized service center determines that it can not service Your Product(s) due to poor accessibility, unsafe working conditions, an adult over the age of 18 is not present, or that it cannot restore Your Product(s) to safe, working conditions due to reasons beyond the scope of this Service Agreement, such as (but not limited to) code violations, improper storage, installation, use or movement of the Product(s), including the failure to place the Product(s) in an area that complies with the manufacturer’s published space or environmental requirements, Our authorized service center shall not be required to proceed with the covered repair until You remedy the applicable hazard at Your cost. You will also be responsible for the full cost of the original service call.
NO LEMON GUARANTEE
If Your Product has three service repairs completed, which repairs are covered by this Service Agreement, and a fourth such repair is required, as determined by Us, within any twelve (12) month period, Your Product will be replaced with a comparable product of equal or similar features and functionality. The cost of the replacement shall not exceed the original purchase price of Your Product and may be less due to technological advances. Upon replacement of Your Product, We will have no further obligation to repair or replace Your Product and You will not be entitled to make any further claims for its repair or replacement .
WHAT TO DO IF COVERED PRODUCT REQUIRES SERVICE: Call Us at 1-800-356-0991 toll-free and explain the problem. We will attempt to resolve the problem You are experiencing over the telephone. If We can not resolve the problem, You will be directed to an authorized service center. NOTE: THIS SERVICE AGREEMENT MAY BECOME VOID IF YOU MAKE UNAUTHORIZED
REPAIRS. We reserve the right to inspect the Product from time to time. Service will be provided during normal business hours and in the USA only.
TRANSFER OF SERVICE AGREEMENT: This Service Agreement may be transferred to any person in the United States by contacting Us at 1-888-99-MIELE toll-free.
GUARANTEE: This is not an insurance policy. We have obtained an insurance policy to insure Our performance under this Service Agreement. Should We fail to pay any claim or fail to replace the Product covered under this Service Agreement within sixty (60) days after Product has been returned or, in the event that You cancel this Service Agreement, and We fail to refund the unearned portion of the Service Agreement price, You are entitled to make a direct claim against the insurer, Wesco Insurance Company, at 1-866-505-4048 or 59 Maiden Lane, 6th Floor, New York, NY 10038.
NOTE: THE ABOVE GUARANTEE DOES NOT APPLY TO SERVICE AGREEMENTS SOLD IN THE STATE OF FLORIDA.
CANCELLATION: You may cancel this Service Agreement at any time. To arrange for cancellation of this Service Agreement, call Us at 1-88-99-MIELE toll-free. If You cancel within the first thirty (30) days after purchasing this Service Agreement You will receive a full refund, less any claims paid or pending. If You cancel after thirty (30) days following Your purchase of this Service Agreement, You will receive a pro rata refund based on the time remaining on Your Service Agreement, less an administrative fee of $10.00 or 10% of the Service Agreement plan price, whichever is less.
In AL, AZ, HI, MD, MN, NV, NM, NY, SC, TX, WA and WY, if You cancel within thirty (30) days of purchasing this Service Agreement, and do not receive a refund within thirty (30) days, We will apply a penalty fee of ten percent (10%) per month to Your refund.
We may cancel this Service Agreement for the following reasons: nonpayment of the Service Agreement plan price, fraud or material misrepresentation. If We cancel this Service Agreement, We will provide You with written notice of cancellation listing the reason for such cancellation not later than fifteen (15) days before the effective date of termination, and will refund Your payment in full, less any claims paid or pending.
ENTIRE CONTRACT: This Service Agreement sets forth the entire contract between the parties and no representation, promise or condition not contained herein shall modify these terms unless amended by State Specific Disclosures.
Tel: 1 888 99 MIELE
Regulation of service plans may vary widely from state to state. Any provision within this service agreement plan (“Service Agreement”) which conflicts with the laws of the state where You live shall automatically be considered to be modified in conformity with applicable state laws and regulations as set forth below. The following state specific requirements apply if Your Service Agreement was purchased in one of the following states and supersede any other provision within Your Service Agreement terms and conditions to the contrary.
If You purchased this Service Agreement in CA, CO, ME, MI, NC, NJ, PA, the Obligor under this Service Agreement is the Dealer.
ALABAMA only: If You cancel this Service Agreement and made no claim, this Service Agreement is void and the full purchase price will be refunded to You
ARIZONA ONLY: Definitions: “Consumer” means a contract holder, inclusive of a buyer of the covered product (other than for re-sale), any person to whom the product is transferred during duration of the contract coverage period, or any person entitled to receive performance on the part of the obligor under applicable law; “Service Company” is any person or entity that performs or arranges to perform services pursuant to a service contract which the person issues; “Service Contract Administrator” means an entity which agrees to provide contract forms, process claims and procure insurance for and on behalf of a dealer in performance of the obligations pursuant to a service contract, but which may not itself perform actual repairs. AMT Warranty Corp. is the Service Contract Administrator and the Obligor for this Service Agreement in Arizona.
Cancellation: If Your written notice of cancellation is received prior to the expiration date, we will provide a pro rata refund after deducting for administrative expenses associated with the cancellation, regardless of prior services rendered against the contract . No claim incurred or paid shall be deducted from the amount of the refund. The cancellation provision shall not contain both a cancellation fee and a cancellation penalty. No Service Agreement shall be cancelled or voided by Us due to pre -existing conditions, prior use or unlawful acts relating to Your Product, misrepresentation by Us or any of our assignees or ineligibility for Our program due to Your Product being a “Gray Market” import or product.
COLORADO only: Action under this Service Agreement may be covered by the provisions of the “Colorado Consumer Protection Act” or the “Unfair Practices Act”, articles 1 and 2 of title 6, C.R.S. A party to this Service Agreement may have a right of civil action under the laws, including obtaining the recourse or penalties specified in such laws.
CONNECTICUT only: The term of Your Service Agreement is automatically extended by the length of time in which Your Product is in the Administrator’s custody for repair under the Service Agreement. If Your Service Agreement is a Replacement Plan, it is automatically extended through the time period in which the Product is in transit for inspection, and until the Product is replaced (or equivalent). In the event of a dispute with the Administrator, You may contact the State of Connecticut, Insurance Department: P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase or lease price of the Product, the cost of repair of the Product, and a copy of the Service Agreement.
GEORGIA only: You may cancel this Service Agreement at any time by notifying the Administrator in writing or by surrendering the Service Agreement to the Administrator, whereupon the Administrator will refund the unearned pro rata purchase price based on the time remaining on the request for cancellation. The Administrator is also entitled to cancel this contract at any time based upon fraud, misrepresentation, nonpayment of fees by You, or non-renewal, in accordance with section 33-24-44 of the Georgia code.
HAWAII only: If You have a question or complaint, You may contact the Insurance Commissioner, Hawaii Insurance Division, PO Box 3614, Honolulu, Hawaii, 96811.
ILLINOIS only: The Administrator, AMT Warranty Corp. (and not the dealer or manufacturer), is the obligor of this Service Agreement in the State of Illinois. The Administrator will pay the cost of covered parts and labor necessary to restore the product (s) to normal operating condition as a result of covered or mechanical component failure due to normal wear and tear.
MICHIGAN: If We are unable to perform under this Service Agreement due to a strike or work stoppage at the company ’s place of business, the effective period of this Service Agreement shall be extended for the period of the strike or work stoppage .
NEVADA only: We may not cancel this Service Agreement once it has been in effect for seventy (70) days, except for the following conditions: failure to pay the Service Agreement purchase price; the contract holder being convicted of a crime which results in an increase in the service required under this Service Agreement; discovery of fraud or material misrepresentation perpetrated by You in purchasing this Service Agreement or obtaining service; the discovery of an act or omission, or a violation of any condition of the this Service Agreement by You which substantially and materially increases the service requested under this Service Agreement; or a material change in the nature or extent of the service required under the Service Agreement which occurs after the purchase of this Service Agreement, and substantially and materially increases the service required beyond that contemplated at the time of purchase. With respect to each product covered under this Service Agreement, the Administrator and /or Obligor liability is limited to the original retail purchase price You paid for such product. We may not cancel this Service Agreement until at least fifteen (15) days written notice has been mailed to You.
NEW HAMPSHIRE only: In the event You do not receive satisfaction under this Service Agreement, You may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord, NH 03301, (800) 852-3416.
NEW MEXICO only: We may not cancel this Service Agreement once it has been in effect for seventy (70) days except for the following conditions: failure to pay an amount when due; the conviction of You in a crime that results in an increase in the service required under the Service Agreement; fraud or material misrepresentation by You in purchasing the Service Agreement or in obtaining service; or the discovery of an act or omission, or a violation of any condition of the Service Agreement by You which substantially and materially increases the service required hereunder.
NORTH CAROLINA only: The purchase of a Service Agreement is not required in order to obtain financing. The Administrator may not cancel this Service Agreement except for nonpayment by You, or in violation of any of the terms and conditions of this Service Agreement.
OKLAHOMA only: The cancellation provision in this Service Agreement is hereby deleted and replaced with the following:
You may cancel this Service Agreement at any time by providing notice to Us at the address indicated above. We may cancel this Service Agreement only in the event of fraud or material misrepresentation, Your failure to pay any amount due hereunder, violation of any of the terms and conditions set forth herein, or as required by any regulatory agency. If You cancel within the first forty -five (45) days of the date You purchased this Service Agreement, You shall receive a full refund of the purchase price. If You cancel after the first forty-five (45) days of coverage, or have made a claim within the first 45 days, You shall receive a 90% pro rata refund of the purchase price less a cancellation fee equal to the lesser of $25 or 10% of the unearned pro rata premium. In the event this Service Agreement is cancelled by Us, return of the purchase price shall be based upon one hundred percent (100%) of the unearned pro-rata purchase price. Refunds owed and not paid within thirty (30) days shall include a ten percent (10%) penalty fee per month.
SOUTH CAROLINA only: In order to prevent damage to Your Product, please refer to the owner’s manual. In the event You have a question or complaint, You may contact the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina, 29202-3105, Telephone (803) 737-6134.
TEXAS only: Unresolved complaints concerning a provider or questions concerning the registration of a service contract provider may be addressed to the Texas Department of Licensing and Regulations, PO Box 12157, Austin TX 78711, telephone number 1-512-463-2906 or 1-800-803-9202.
UTAH only: We may cancel this Service Agreement by providing You with ten (10) days written notice if the reason for cancellation is non-payment by You. This Service Agreement may be paid in full at the time of purchase or financed, and does not provide coverage for pre-existing conditions or any product that is subject to neglect, abuse or damage prior to issuance of the Service Agreement. If in an emergency situation and Administrator cannot be reached, the contract holder can proceed with repairs, and the
Administrator will reimburse the contract holder or the repairing facility in accordance with the Service Agreement provisions. This
Service Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department at State Office Building Room 3110, Salt Lake City, UT 84114-6901. Coverage afforded under this Service Agreement is not guaranteed by the Property and Casualty Guaranty Association.
WASHINGTON only: In the event the Administrator cancels the Service Agreement, the Administrator will mail a written notice to You at Your last known address at least twenty-one (21) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. You may make a claim directly with Wesco Insurance Company, who insures the Administrator ’s obligations under this Service Agreement, at 1-866-505-4048 or 59 Maiden Lane, 6th Floor, New York, NY 10038.
WISCONSIN only: THIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF
INSURANCE. Lack of pre-authorization shall be the sole grounds for a claim denial - however, unauthorized repairs may not be covered if evaluated to have been at unreasonable expense.