Miele Services
LIMITED WARRANTY FOR DOMESTIC APPLIANCES
SCOPE OF LIMITED WARRANTY
MIELE, INCORPORATED, 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”) and who is the end consumer, that the 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.
This Limited Warranty is only applicable in case the Miele Product was purchased and installed in the United States of America (“U.S.”) or Puerto Rico and, if the Miele Product is a Miele Marine appliance, in case it was installed on board a vessel before it left the U.S. or Puerto Rico.
WARRANTY PERIOD
The limited warranty runs from the date of purchase of the Miele Product for the respective period of time set forth herein (the “Warranty Period”). Any and all warranty claims must be received by Miele before the end of the respective Warranty Period. No Warranty Period shall be extended, stalled, tolled or suspended for any reason whatsoever.
For Residential Miele Products and select Professional Products (ovens (also incl. microwave ovens or steam ovens), steam ovens (also incl. combi-steam ovens), Dialog ovens, microwave ovens (also incl. ovens), cookers, vacuum sealing and warming drawers, hobs (induction, electric and gas hobs incl. SmartLine and ProLine), cooker hoods, coffee machines (built-in and freestanding), refrigerators, freezers, fridge-freezers, wine units, dishwashers, washing machines, tumble dryers, washer-dryers, ironing appliances, Little Giants and ProfiLine dishwashers) Used Exclusively for Household/Personal Purposes (except Sealed Refrigeration Systems):
Warranty Period: Two (2) years
Sealed Refrigeration Systems:
Sealed Refrigeration Systems, which include all original compressors, condensers, evaporators, driers, the original refrigerant and the original connecting tubing, as used in Miele Refrigerators, Wine Coolers, and Freezers:
Warranty Period: - Five (5) years, covering both parts and labor
- Additional five (5) years but only covering parts; the Miele Customer must pay for the labor.
NON-APPLICABILITY OF THE LIMITED WARRANTY
This Limited Warranty does not cover or apply to:
- Improper installation, e.g., non-compliance with relevant safety standards and written operating and installation instructions.
- Non-compliance with Miele’s instructions for use and maintenance.
- Failure to use genuine Miele spare parts or accessories authorized by Miele.
- 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.
- Defects resulting from fluctuations in power supply conditions which exceed the tolerances stated by the manufacturer.
- Discoloration, rust or oxidation of surfaces resulting from exposure to unsuitable environmental conditions including but not limited to (high salt concentrations, high humidity or moisture, exposure to chemicals, direct sunlight).
- Consumable items such as water filter cartridges.
- Vacuum cleaners (see separate limited warranty).
- For Professional Miele Products and equipment (excluding Little Giants and ProfiLine dishwashers) (see separate limited warranty).
- Miele Products covered by third-party “Extended Warranties,” which are sold separately by Authorized Miele Dealers 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. 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 https://www.mieleusa.com/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 info@mieleusa.com 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.
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 http://www.mieleusa.com.
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.
June 2022
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:
Vacuum Series Term Classic Series Canister Vacuums 1 year Swing Series H1 Vacuums 1 year Compact Series Canister Vacuums 2 years Scout Robotic Vacuums 2 years Duoflex Series Cordless Vacuums 2 years Triflex HX1 / HX2 Series Cordless Vacuums 2 years Blizzard Bagless Series Canister Vacuums 3 years Boost CX1 Bagless Series Canister Vacuums 3 years Complete Series Canister Vacuums 3 years Guard M1 / L1 Series Canister Vacuums 3 years Dynamic Series Upright Vacuums 3 years
- The warranty period for all “HomeCare” sub-model types (Classic C1 HomeCare, Classic C1 PureSuction HomeCare, Classic C1 Centennial) and Independent Retailer exclusive models (Guard M1 Terra Red, Guard L1 Electro TTPF) is 5 (five) full years from the date of purchase, while the Triflex HomeCare is 3 (three) 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.
Commercial Use
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.
Service
For service under this Limited Warranty, or to find an Authorized Miele Dealer in your area, please visit us at www.mieleusa.com.
Extended Service Protection Plan Guardsman US LLC
P.O. Box 1189
Bedford, TX 76095
1-800-342-5349
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Thank you for your recent purchase of our Extended Service Protection Plan. We hope you enjoy your new product with the added comfort and protection this plan provides. We are pleased to provide you with your Service Contract. If you require any assistance, please feel free to contact our Customer Service Department. We are open Monday through Friday from 8:00 AM to 8:00 PM (EST).
Thank you,
Customer Service
SERVICE CONTRACT
DEFINITIONS: “We”, “Us” and “Our” shall mean Guardsman US LLC, P.O. Box 1189, Bedford, TX, 76095 (in Florida: this Service Contract is an agreement between You and WCPS of Florida, Inc. License No. 80202) (in Washington: This Service Contract is an agreement between You and Warrantech Consumer Product Services, Inc. P.O. Box 1189 Bedford, TX, 76095), who is the Provider/Obligor and Administrator under this Service Contract. “Administrator”: the entity responsible for administering benefits to You in accordance with the Service Contract terms and conditions, who is Guardsman US LLC, P.O. Box 1189, Bedford, TX, 76095. “You” or “Your” shall mean the purchaser of the Product(s) covered by this Service Contract. (In Florida: this Service Contract is administered by WCPS of Florida, Inc., License No. 80202.)
TERM: THIS SERVICE CONTRACT 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-day) extended Service Contract, 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 Contract 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 Contract are the property of US in their entirety.
WHAT IS COVERED: In consideration of payment of the Service Contract 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 Contract, 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 Contract 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 Contract 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.
WHAT TO DO IF COVERED PRODUCT REQUIRES SERVICE: Call Miele at 1-888-996-4353 toll-free or at www.mieleusa.com and explain the problem. Miele will attempt to resolve the problem You are experiencing over the telephone. If Miele cannot resolve the problem, You will be directed to an authorized service center. NOTE: THIS SERVICE CONTRACT MAY BECOME VOID IF YOU MAKE UNAUTHORIZED REPAIRS. Miele reserves the right to inspect the Product from time to time. Service will be provided during normal business hours and in the contiguous United States, plus Alaska and Hawaii. (NOTICE: All outlying U.S. territories, including but not limited to Puerto Rico, and all Canadian provinces/territories are expressly EXCLUDED.)
PLACE OF SERVICE: If You purchased On-Site Service, Miele 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 Contract 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 Contract.
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 CONTRACT, INCLUDING INHERENT PRODUCT FLAWS.
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) DAY 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. WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS ARISING OUT OF THE UNAUTHORIZED ACCESS OR USE OF ANY SYSTEM, SOFTWARE, HARDWARE, OR FIRMWARE, OR ANY MODIFICATION, REPROGRAMMING, DESTRUCTION, OR DELETION OF DATA OR SOFTWARE BY ANY MEANS.
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.
SAFETY: In the event that Our authorized service center determines that it cannot 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 Contract, 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 Contract, 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.
TRANSFER OF SERVICE CONTRACT: This Service Contract may be transferred to any person in the United States by contacting Us at 1-888-996-4353 toll-free.
GUARANTEE: This is not an insurance policy; it is a service contract. We have obtained an insurance policy to insure Our performance under this Service Contract in the following states: AL, AZ, AR, CA, CO, CT, DC, GA, HI, IL, KY, ME, MA, MN, MO, MT, NV, NH, NJ, NM, NY, NC, OH, OK, OR, SC, TX, UT, VT, VA, WA, WI, & WY. Our obligations under this Agreement are guaranteed by a service contract reimbursement insurance policy issued by Technology Insurance Company, Inc. (the “Insurance Company”), 59 Maiden Lane, 43rd Floor, New York, NY, 10038. If a covered claim is not paid within sixty (60) days after proof of loss has been filed, You may file a claim directly with the Insurance Company. Please call 1-866-505-4048 for instructions. In all other states, our obligations under the service are backed by our full faith and credit. In all other states, our obligations under the service contract are backed by our full faith and credit.
CANCELLATION: You may cancel this Service Contract at any time. To arrange for cancellation of this Service Contract, call Miele at 1-888-996-4353. If You cancel within the first thirty (30) days after purchasing this Service Contract You will receive a full refund, less any claims paid or pending (except in Missouri & Nevada where Claims deduction is prohibited). If Your refund is not paid or credited within thirty (30) days after Your cancellation request, an extra 10% will be added to Your due refund for every thirty (30) days the refund is not paid. If You cancel after thirty (30) days following Your purchase of this Service Contract, You will receive a pro-rata refund based on 100% of the Service Contract Price paid by You, minus any Claims paid (except in Missouri & Nevada where Claims deduction is prohibited), and minus an administrative fee not to exceed ten percent (10%) of the Service Contract Purchase Price or ten dollars ($10.00), whichever is less, unless otherwise provided by state law. If Your refund is not paid or credited within thirty (30) days after Your cancellation request, an extra 10% will be added to Your due refund for every thirty (30) days the refund is not paid. We may cancel this Service Contract for the following reasons: nonpayment of the Service Contract plan price, fraud or material misrepresentation or substantial breach of duties under this Contract by You in relation to the Covered Product or its use. If We cancel this Service Contract, We will provide written notice to You at least 15 days (30 days in Georgia) (21 days in Washington) prior to the effective date of cancellation. Such notice will be sent to Your current address in Our file (email or physical address as applicable), with the reason for and effective date of such cancellation. If We cancel this Service Contract, You will receive a refund based upon the same criteria as outlined above.
RENEWABILITY: This Contract is not renewable.
ARBITRATION: Any dispute or claim relating in any way to Your purchase or use of this Service Contract will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Contract.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the Terms and Conditions of this Service Contract as a court would.
To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to Administrator at P.O. Box 1189, Bedford, TX, 76095, Attn: Legal Dept. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
ENTIRE CONTRACT: This Service Contract 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.
SPECIAL STATE DISCLOSURES: Regulation of service plans may vary widely from state to state. Any provision within this service contract plan (“Service Contract”) 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 Contract was purchased in one of the following states and supersede any other provision within Your Service Contract terms and conditions to the contrary.
ALABAMA only: HOW TO FILE A CLAIM - If You need to file a Claim under this Service Contract, You must obtain authorization by calling Miele at 1-888-996-4353. Failure to obtain prior authorization may result in non-payment. "CANCELLATION" is amended as follows: Any refund may be credited to any outstanding balance of Your account and the excess, if any, returned to You. Arbitration is non-binding in the State of Alabama. Arbitration proceeding shall be conducted in the county in which the consumer resides.
ARIZONA only: "CANCELLATION" is amended as follows: If a cancellation fee is applicable, it will not exceed ten percent (10%) or twenty-five dollars ($25), whichever is less, of the gross amount paid for the Service Contract and only applies to cancellations by the Contract holder after 30 days. "LIMIT OF LIABILITY" is amended as follows: In addition to that which is noted above, neither We nor the Administrator nor the retailer shall be liable for any incidental or consequential damages, including but not limited to: property damage, lost time, lost data, or lost income/wages resulting from the failure of or damage to any covered product or component thereof, regardless of whether such failure or damage is covered under the provisions of this Contract, or from delays in service or the inability to render service, or resulting from the unavailability of repair or replacement parts/components/items or inability to provide exact match replacement, or if the information provided by You cannot be verified as accurate or is found to be deceptively inaccurate; including any inherent product flaws. “WHAT IS NOT COVERED”: We shall not provide coverage only for those specifically listed items in the “WHAT IS NOT COVERED” section which occurred while owned by You. “PRE-EXISTING CONDITIONS” is amended to include: May not be excluded if such conditions were known or should reasonable have been known to Us or the Retailer. The Arbitration Provision does not prohibit an Arizona resident from following the process to resolve complaints as outlined by the Arizona Department of Insurance. To learn more about process, You may contact the Arizona Department of Insurance and Financial Institutions (DIFI) at 100 North 15th Avenue, Suite 261, Phoenix, AZ, 85007-2630, Attn: Consumer Affairs.
ARKANSAS only: HOW TO FILE A CLAIM - If You need to file a Claim under this Service Contract, You must obtain authorization by calling Miele at 1-888-996-4353. Failure to obtain prior authorization may result in non-payment.
CALIFORNIA only: Guardsman Industries, LLC (License No. SA-83) is the Service Contract Administrator and Guardsman US LLC (License No. S-29831) is the Obligor for this Service Contract. "CANCELLATION" is amended as follows: This Service Contract may be cancelled by the Service Contract holder for any reason, including, but not limited to, the Product covered under this Service Contract being sold, lost, stolen, or destroyed. If You decide to cancel Your Service Contract, and Your cancellation notice is received by the Administrator within sixty (60) days of the date You received the Service Contract and no claims have been paid, You will be refunded the full Service Contract price. If You have made claims against the Service Contract or cancellation notice is received by the Administrator after sixty (60) days of the date You received the Service Contract, You will be refunded a pro-rated amount of the Service Contract price, less any claims paid.
COLORADO only: Action under this Service Contract 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 Contract may have a right of civil action under the laws, including obtaining the recourse or penalties specified in such laws.
CONNECTICUT only: This Service Contract is an agreement between the Obligor/Provider, Guardsman US LLC, P.O Box 1189 Bedford, TX, 76095, 1- 866-650-8478 and You. We must make reasonable efforts to resolve disputes over the terms of this Service Contract with You. In the event that an agreement cannot be reached between Us or the Administrator and You, You may file a formal written complaint with 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, including a description of any attempts made to resolve the dispute and the results of such attempts. 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 Contract. "CANCELLATION" is amended as follows: This Service Contract may be cancelled by the Service Contract holder if the Product covered under this Service Contract is returned, sold, lost, stolen, or destroyed.
FLORIDA only: The "GUARANTEE" section is removed in its entirety. This Service Contract is between the Provider, WCPS of Florida, Inc. (License No. 80202) and You, the purchaser. The rates charged to You for this Service Contract are not subject to regulation by the Florida Office of Insurance Regulation. "CANCELLATION" is deleted and replaced with the following: You may cancel Your Service Contract by informing the selling dealer or the Administrator, WCPS of Florida, Inc. (License No. 80202) of Your cancellation request. In the event the Service Contract is canceled by You, return of the premium shall be based upon one hundred percent (100%) of the unearned pro-rata premium less any Claims that have been paid or less the cost of repairs made on Your behalf. If after 60 days, the Service Contract is canceled by You, You will receive not less than 90 percent (90%) of the unearned pro-rata premium, less any claims paid on the Contract. In the event the Service Contract is canceled by the Administrator or Provider, return of the premium shall be based upon one hundred percent (100%) of the unearned pro-rata premium less any Claims that have been paid or less the cost of repairs made on Your behalf.
GEORGIA only: "CANCELLATION" is amended as follows: The Provider may only cancel this Service Contract for fraud by You, material misrepresentation by You, or nonpayment by You. If the Provider cancels, the Provider must provide 30 days written notice of cancellation. If the purchase of this Contract was financed, the lienholder may only cancel this Contract for non-payment if they hold a power of attorney. The administrative fee for cancellation by you after 30 thirty days is 10% of the pro-rata refund amount of or $10.00, whichever is less. WHAT IS NOT COVERED – Only unauthorized product repairs, modifications or alterations performed after the effective date of the Service Contract are excluded. Any arbitration provision is deleted in its entirety. “PRE-EXISTING CONDITONS" is replaced with: Conditions that were caused by You or known by You prior to purchasing this Service Contract. Arbitration is non-binding in Georgia. "GUARANTEE" is amended to include: If a cancellation refund or a covered claim is not paid within sixty (60) days after proof of loss has been filed, You may file a claim directly with the Insurance Company. Please call 1-866-505-4048 for instructions.
ILLINOIS only: Covered items must be in place and in good operating condition on the effective date of coverage and become inoperative due to defects in materials or workmanship, Power Surge event, or ADH event if applicable to Your Plan, after the effective date of this Service Contract this Service Contract does not cover failures resulting from normal wear and tear.
INDIANA only: This Contract is not insurance and is not subject to Indiana insurance law. PRE-EXISTING CONDITIONS – The "Pre-Existing Condition" definition is deleted and replaced with "Conditions that were caused by You or known by You prior to purchasing this Service Contract."
MAINE only: "GUARANTEE" is amended to include: If a cancellation refund or a covered claim is not paid within sixty (60) days after proof of loss has been filed, You may file a claim directly with the Insurance Company. Please call 1-866-505-4048 for instructions.
MICHIGAN only: If We are unable to perform under this Service Contract due to a strike or work stoppage at the company’s place of business, the effective period of this Service Contract shall be extended for the period of the strike or work stoppage.
MISSOURI only: "GUARANTEE" is amended to include: If a cancellation refund or a covered claim is not paid within sixty (60) days after proof of loss has been filed, You may file a claim directly with the Insurance Company. Please call 1-866-505-4048 for instructions.
NEVADA only: This Contract is Non-Renewable. "CANCELLATION" is amended as follows: In no event will any claims incurred or paid be deducted from any refund. We may cancel this Service Contract within seventy (70) days from the date of purchase for any reason. After seventy (70) days, We may only cancel this Service Contract for nonpayment by You, discovery of fraud or material misrepresentation by You, the holder, in obtaining the Service Contract or a substantial breach of duties by You relating to the covered property or its use if it occurred after the effective date of the Service Contract and it substantially and materially increased the service required under the Service Contract. If We cancel this Service Contract, You will be entitled to a pro-rata refund of the unearned Service Contract fee, no cancellation fee shall apply, and We shall mail a written notice to You at the last known address held by Us at least fifteen (15) days preceding the effective date of cancellation. The notice will state the effective date and the reason for the cancellation. If Your Service Contract was financed, the outstanding balance will be deducted from any refund. Any reference to "administrative fee" with respect to cancellation is changed to "cancellation fee." If You are not satisfied with the manner in which We are handling Your claim, You may contact the Nevada Insurance Commissioner by use of the toll-free telephone number of the Insurance Division, (888) 872-3234. "WHAT IS NOT COVERED" – Item (I)(2) is deleted and replaced with the following: This Service Contract will not be initially issued for a product whose original warranty has ever been voided by the manufacturer. However, if this Service Contract has already been issued and the manufacturer's warranty becomes void during the term of this Service Contract, We will not automatically suspend all coverage. We will not provide any coverage that would have otherwise been provided under the manufacturer's warranty. However, We will continue to provide any other coverage under this Service Contract, unless such coverage is otherwise excluded by the terms of this Service Contract. Item (G) is amended as follows: "IMPROPER EQUIPMENT MODIFICATIONS" is deleted and replaced with the following: This Service Contract will not cover any unauthorized or non-manufacturer-recommended modifications to the Covered Product, or any damages arising from such unauthorized or non-manufacturer-recommended modifications. However, if the Covered Product is modified in an unauthorized or non-manufacturer-recommended manner, We will not automatically suspend all coverage. Rather, this Service Contract will continue to provide any applicable coverage that is not related to the unauthorized or non-manufacturer-recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded by the terms of this Service Contract.
NEW HAMPSHIRE only: In the event You do not receive satisfaction under this Service Contract, You may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord, NH, 03301, 603-271-2261.
NEW MEXICO only: "GUARANTEE" is amended to include: This Service Contract is insured by Technology Insurance Company. If the Service Contract provider fails to pay You or otherwise provide You with the covered service within sixty (60) days of Your submission of a valid claim, You may submit Your claim to Technology Insurance Company at 866-505-4048, regulatorycompliance@amtrustgroup.com, or 59 Maiden Lane, 43rd Floor, New York, NY, 10038. If you have any concerns regarding the handling of your claim, you may contact the Office of Superintendent of Insurance at 855-427-5674. "CANCELLATION" is amended as follows: We may cancel this Service Contract within seventy (70) days from the date of purchase for any reason. After seventy (70) days, We may only cancel this Service Contract for the following acts by the You: Non-payment; discovery of fraud or material misrepresentation by You in obtaining the Service Contract or in presenting a Claim; or discovery of either of the following if it occurred after the effective date of the Service Contract and substantially and materially increased the service required under the Service Contract: an act or omission; or a violation of any condition of the Service Contract.
NEW JERSEY only: The product being offered is a service contract and is separate and distinct from any product or service warranty which may be provided by the manufacturer, importer, or seller.
NEW YORK only: Warrantech Consumer Product Services, Inc. P.O. Box 1189 Bedford, TX, 76095 is the Obligor for this Service Contract.
NORTH CAROLINA only: "CANCELLATION" is amended as follows: We may only cancel this Service Contract for non-payment of the purchase price of the Service Contract or a direct violation of the Service Contract by You.
OKLAHOMA only: The Service Warranty Association is Guardsman CPS LLC, 909 3rd Avenue, 33rd Floor, New York, NY, 10022, 1-800-342-5349, Oklahoma Identification #520822354. This is not an insurance contract. Coverage afforded under this Service Contract is not guaranteed by the Oklahoma Insurance Guaranty Association. "CANCELLATION" is deleted and replaced with the following: You may cancel Your Service Contract at any time by informing Us or the Administrator. If You cancel this Service Contract within the first thirty (30) days and no Claim has been authorized or paid within the first thirty (30) days, We will refund the entire Service Contract purchase price. If You cancel this Service Contract after the first thirty (30) days, or have made a Claim within the first thirty (30) days, return of the Provider fee shall be based upon one hundred percent (100%) of the unearned pro-rata Provider fee less the actual cost of any service provided under the Service Contract. If We cancel this Service Contract, return of the Provider fee shall be based upon one hundred percent (100%) of unearned pro-rata Provider fee less the actual cost of any service provided under the Service Contract.
The following amends the "WHAT TO DO IF COVERED PRODUCT REQUIRES SERVICE" section: NOTE: THIS SERVICE CONTRACT MAY BECOME VOIDABLE IF YOU MAKE UNAUTHORIZED REPAIRS.
OHIO only: "GUARANTEE" is amended to include: If a cancellation refund or a covered claim is not paid within sixty (60) days after proof of loss has been filed, You may file a claim directly with the Insurance Company. Please call 1-866-505-4048 for instructions.
OREGON only: This Service Contract is an agreement between the Obligor/Provider, Guardsman US LLC, P.O Box 1189, Bedford, TX, 76095, 1-800-342-5349 and You. NOTICE: If the purchase of this Contract was financed, any outstanding balance due to the finance company will be deducted from any due refund and paid to the finance company instead of You. The refund amount paid to the finance company may be less than the Contract purchase price financed if claims have been paid by Us. HOW TO FILE A CLAIM - If You need to file a Claim under this Service Contract, You must obtain authorization by calling Miele at 1-888- 996-4353. "CANCELLATION" is amended to add: If the purchase of this Contract was financed, any outstanding balance due to the finance company will be deducted from any due refund and paid to the finance company instead of You. The refund amount paid to the finance company may be less than the Contract purchase price financed if claims have been paid by Us. The Arbitration Provision is deleted and replaced as follows: If a settlement for a claim dispute cannot be reached, the parties may elect arbitration by mutual agreement at the time of the dispute cannot be reached, the parties may elect arbitration by mutual agreement at the time of the dispute after the claimant has exhausted all internal appeals and can be binding by consent of the Plan holder. Arbitration will take place under the laws will prevail unless it conflicts with the Federal Arbitration Act. Notwithstanding the foregoing, either party may bring an individual action in small claims court or trial by jury. This arbitration agreement does not preclude You from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Us on Your behalf. You agree that by entering into this Plan, You and We are each waiving the right to participate in a class action.
SOUTH CAROLINA only: In the event You have a question or complaint, You may contact the South Carolina Department of Insurance at 1201 Main Street, Suite 1000, Columbia, South Carolina, 29201, (803) 737-6160.
TEXAS only: The Administrator is Guardsman US LLC, Service Contract Administrator No. 731. If You have any questions regarding the regulation of the Service Contract Provider or a complaint against the Obligor, You may contact the Texas Department of Licensing & Regulation, 920 Colorado, P.O. Box 12157, Austin, Texas, 78711, (800) 803-9202. "CANCELLATION" section is amended as follows: You may return this Service Contract within thirty (30) days of the date of purchase of this Service Contract. If this Service Contract is cancelled within the first thirty (30) days, We will refund the entire Service Contract charge, less claims paid. If this Service Contract is cancelled after the first thirty (30) days, You will receive a pro-rata refund of the Service Contract price less claims paid. A ten percent (10%) penalty per month will be added to a refund that is not made within thirty (30) days of Your cancellation request to the Provider. You may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46th day after the date on which the Service Contract is canceled. These provisions apply only to the original purchaser of the Service Contract. "GUARANTEE" is amended to include: If a cancellation refund is not provided within forty-five (45) days after the cancellation request has been received, or if a covered claim is not paid within sixty (60) days after proof of loss has been filed, You may file a claim directly with the Insurance Company. Please call 1-866-505-4048 for instructions.
UTAH only: The Provider/Obligor is Guardsman US LLC, P.O. Box 1189 Bedford, TX, 76095, 1-800-342-5349. This Service Contract is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Service Contract is not guaranteed by the Property and Casualty Guaranty Association. "GUARANTEE" is amended to include: If any claim is not paid within sixty (60) days after proof of loss has been filed, You may file a claim directly with the Insurance Company. Please call 1-866-505-4048 for instructions. "CANCELLATION" is amended as follows: We may only cancel this Service Contract for material misrepresentation by You, nonpayment by You or a substantial breach of contractual duties by You relating to the covered property or its use. If We cancel this Service Contract for material misrepresentation or a substantial breach of contractual duties, such cancellation will be effective thirty (30) days after mailing of notice. If We cancel this Service Contract for non-payment, such cancellation will be effective fifteen (15) days after the mailing of notice. The notice will state the effective date and the reason for the cancellation. The following is added to the "ARBITRATION" provision: ANY MATTER IN DISPUTE BETWEEN YOU AND THE COMPANY MAY BE SUBJECT TO ARBITRATION AS AN ALTERNATIVE TO COURT ACTION PURSUANT TO THE RULES OF (THE AMERICAN ARBITRATION ASSOCIATION OR OTHER RECOGNIZED ARBITRTOR), A COPY OF WHICH IS AVAILBALE ON REQUEST FROM THE COMPANY. ANY DECISION REACHED BY ARBITRATION SHALL BE BINDING UPON BOTH YOU AND THE COMPANY. THE ARBITRATION AWARD MAY INCLUDE ATTORNEY’S FEES IF ALLOWED BY STATE LAW AND MAY BE ENTERED AS A JUDGEMENT IN ANY COURT OF PROPER JURISDICTION. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Service Contract is not guaranteed by the Property and Casualty Guaranty Association.
VIRGINIA only: If any promise made in the contract has been denied or has not been honored within 60 days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at http://www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.
WASHINGTON only: Warrantech Consumer Product Services, Inc. P.O. Box 1189 Bedford, TX, 76095, is the Obligor for this Service Contract. The State of Washington is the jurisdiction for any civil action in connection with this Contract. WHAT IS NOT COVERED: What is excluded from coverage is limited to that which is expressly stated under the “WHAT IS NOT COVERED” section of this Service Contract which occurred while owned by You. "GUARANTEE" is amended to include: A contract holder is entitled to apply directly to Wesco Insurance Company, at 59 Maiden Lane, 43rd Floor, New York, NY, 10038, or 866-505-4048, for refund, payment or performance due.
WISCONSIN only: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. All references to “Service Contract/Agreement” are hereby deleted and replaced with “Service Contract.” "CANCELLATION" is deleted and replaced as follows: You may cancel this Service Contract at any time by informing Us or the Administrator. If this Service Contract is canceled within fifteen (15) days of the date of purchase, the Administrator shall return one hundred percent (100%) of the purchase price paid and the Service Contract shall be void. The right to void the Service Contract applies only to the original purchaser of the Service Contract. If Your refund is not paid or credited within thirty (30) days after Your cancellation request to Us, We will add an extra ten percent (10%) to Your due refund for every thirty (30) days the refund is not paid by Us. For Service Contracts canceled subsequent to the period stated above or if a claim has been made under this Service Contract within such period, We shall refund one hundred percent (100%) of the unearned pro-rata provider fee. We may only cancel this Service Contract for material misrepresentation by You, nonpayment by You or a substantial breach of duties by You relating to the covered property or its use. If We cancel for any reason other than nonpayment, then We shall refund one hundred percent (100%) of the unearned pro-ata provider fee, less any claims paid. If We cancel this Service Contract, We shall provide written notice to You at Your last-known address at least fifteen (15) days prior to cancellation. The notice shall state the effective date of the cancellation and the reason for the cancellation. Unauthorized repairs may not be covered. "GUARANTEE" is deleted and replaced as follows: Our obligations under this Agreement are guaranteed by a service contract reimbursement insurance policy issued by Technology Insurance Company, Inc. (the “Insurance Company”), 59 Maiden Lane, 43rd Floor, New York, NY, 10038. If the provider does not provide, or reimburse or pay for, a service that is covered under this Agreement within sixty (60) days after You provide proof of loss, or if the provider becomes insolvent or otherwise financially impaired, You may file a claim directly with Insurance Company for reimbursement, payment, or provision of the service. Please call 1-866-505-4048 for instructions.
WYOMING only: You may return this Service Contract within twenty (20) days of the date this Service Contract was provided to You, or within ten (10) days if the Service Contract was delivered to You at the time of sale. If You made no claim, the Service Contract is void and the full purchase price will be refunded to You. The Administrator will pay a penalty of ten (10) percent on a refund that is not paid or credited within forty-five (45) days after return of the Service Contract to the Administrator. These provisions apply only to the original purchaser of the Service Contract. In the event Administrator cancels the Service Contract, Administrator will mail a written notice to You at Your last-known address at least ten (10) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use.
These terms & conditions are available on the Miele website at www.Mieleusa.com or call 1-888-996-4353 to have a copy e-mailed to you.
GUS-GNATC-00A (02-24)