made without success, then Thermador will replace your
Product (upgraded models may be available to you, in
Thermador's sole discretion, for an additional charge).
Nothing in this warranty requires damaged or defective
parts to be replaced with parts of a different type or
design than the original part. All removed parts and
components shall become the property of Thermador at
its sole option. All replaced and/or repaired parts shall
assume the identity of the original part for purposes of
this warranty and this warranty shall not be extended with
respect to such parts. Thermador's sole liability and
responsibility hereunder is to repair manufacturer-
defective Product only, using a Thermador-authorized
service provider during normal business hours. For
safety and property damage concerns, Thermador highly
recommends that you do not attempt to repair the
Product yourself, or use a non-authorized service
provider; Thermador will have no responsibility or liability
for repairs or work performed by a non-authorized
service provider. Authorized service providers are those
persons or companies that have been specially trained
on Thermador products, and who possess, in
Thermador's opinion, a superior reputation for customer
service and technical ability (note that they are
independent entities and are not agents, partners,
affiliates or representatives of Thermador).
Notwithstanding the foregoing, Thermador will not incur
any liability, or have responsibility, for the Product if it is
located in a remote area (more than 100 miles from an
authorized service provider) or is reasonably
inaccessible, hazardous, threatening, or treacherous
locale, surroundings, or environment; in any such event,
if you request, Thermador would still pay for labor and
parts and ship the parts to the nearest authorized service
provider, but you would still be fully liable and
responsible for any travel time or other special charges
by the service company, assuming they agree to make
the service call.
Out of Warranty Product
Thermador is under no obligation, at law or otherwise, to
provide you with any concessions, including repairs,
prorates, or Product replacement, once this warranty has
expired.
Warranty Exclusions
The warranty coverage described herein excludes all
defects or damage that are not the direct fault of
Thermador, including without limitation, one or more of
the following:
Use of the Product in anything other than its normal,
▯
customary and intended manner (including without
limitation, any form of commercial use, use or storage
of an indoor product outdoors, use of the Product in
conjunction with air or water-going vessels).
Any party's willful misconduct, negligence, misuse,
▯
abuse, accidents, neglect, improper operation, failure
to maintain, improper or negligent installation,
tampering, failure to follow operating instructions,
mishandling, unauthorized service (including self
performed "fixing" or exploration of the appliance's
internal workings).
Adjustment, alteration or modification of any kind.
▯
50
A failure to comply with any applicable state, local,
▯
city, or county electrical, plumbing and/or building
codes, regulations, or laws, including failure to install
the product in strict conformity with local fire and
building codes and regulations.
Ordinary wear and tear, spills of food, liquid, grease
▯
accumulations, or other substances that accumulate
on, in, or around the Product.
Any external, elemental and/or environmental forces
▯
and factors, including without limitation, rain, wind,
sand, floods, fires, mud slides, freezing temperatures,
excessive moisture or extended exposure to humidity,
lightning, power surges, structural failures surrounding
the appliance, and acts of God.
In no event shall Thermador have any liability or
responsibility whatsoever for damage to surrounding
property, including cabinetry, floors, ceilings, and other
structures or objects around the Product. Also excluded
from this warranty are Products, on which the serial
numbers have been altered, defaced, or removed;
service visits to teach you how to use the Product, or
visits where there is nothing wrong with the Product;
correction of installation problems (you are solely
responsible for any structure and setting for the Product,
including all electrical, plumbing or other connecting
facilities, for proper foundation/flooring, and for any
alterations including without limitation cabinetry, walls,
floors, shelving, etc.); and resetting of breakers or fuses.
TO THE EXTENT ALLOWED BY LAW, THIS WARRANTY
SETS OUT YOUR EXCLUSIVE REMEDIES WITH
RESPECT TO PRODUCT, WHETHER THE CLAIM ARISES
IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY,
OR NEGLIGENCE) OR OTHERWISE. THIS WARRANTY
IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER
EXPRESS OR IMPLIED. ANY WARRANTY IMPLIED BY
LAW, WHETHER FOR MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR OTHERWISE,
SHALL BE EFFECTIVE ONLY FOR THE PERIOD THAT
THIS EXPRESS LIMITED WARRANTY IS EFFECTIVE. IN
NO EVENT WILL THE MANUFACTURER BE LIABLE FOR
CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT,
"BUSINESS LOSS", AND/OR PUNITIVE DAMAGES,
LOSSES, OR EXPENSES, INCLUDING WITHOUT
LIMITATION TIME AWAY FROM WORK, HOTELS AND/
OR RESTAURANT MEALS, REMODELLING EXPENSES
IN EXCESS OF DIRECT DAMAGES WHICH ARE
DEFINITIVELY CAUSED EXCLUSIVELY BY Thermador,
OR OTHERWISE. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, AND SOME STATES DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
FROM STATE TO STATE.
No attempt to alter, modify or amend this warranty shall
be effective unless authorized in writing by an officer of
BSH.