en-us
STATEMENT OF LIMITED PRODUCT WARRANTY
46
22.4 Repair/replace as your exclusive rem-
edy
During this warranty period, Gaggenau or one of its autho-
rized service providers will repair your Product without
charge to you (subject to certain limitations stated herein)
if your Product proves to have been manufactured with a
defect in materials or workmanship. If reasonable attempts
to repair the Product have been made without success,
then Gaggenau will replace your Product (upgraded mod-
els may be available to you, in Gaggenau'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 parts. All removed
parts and components shall become the property of
Gaggenau at its sole option. All replaced and/or repaired
parts shall assume the identity of the original part for pur-
poses of this warranty and this warranty shall not be ex-
tended with respect to such parts. Gaggenau's sole liability
and responsibility hereunder is to repair manufacturer-de-
fective Product only, using a Gaggenau authorized service
provider during normal business hours. For safety and
property damage concerns, Gaggenau highly recom-
mends that you do not attempt to repair the Product your-
self, or use a non-authorized service provider; Gaggenau
will have no responsibility or liability for damage resulting
from repairs or work performed by a non-authorized ser-
vice provider. Authorized service providers are those per-
sons or companies that have been specially trained on
Gaggenau products, and who possess, in Gaggenau'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 Gaggenau). Nevertheless, taking your product to be
serviced by a repair shop that is not affiliated with or an
authorized dealer of Gaggenau will not void this warranty.
Also, using third-party parts will not void this warranty.
Notwithstanding the foregoing, Gaggenau will not incur
any liability, or have responsibility, for the Product if it is lo-
cated in a remote area (more than 100 miles from an au-
thorized service provider) or is reasonably inaccessible,
hazardous, threatening, or treacherous locale, surround-
ings, or environment; in any such event, if you request,
Gaggenau 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, assum-
ing they agree to make the service call. Further, to the ex-
tent you have installed the Product in a difficult-to-access
location or have otherwise installed temporary or perma-
nent fixtures that create barriers to accessing or removing
the Product, Gaggenau will not incur any liability for, or
have responsibility, for work or costs associated with mov-
ing the Product or otherwise creating access to the Prod-
uct in order to repair or replace it. All such costs shall be
your sole responsibility.
22.5 Out of warranty product
Gaggenau is under no obligation, at law or otherwise, to
provide you with any concessions, including repairs, pro-
rates, or Product replacement, once this warranty has ex-
pired.
22.6 Warranty exclusions
The warranty coverage described herein excludes all de-
fects or damage that are not the direct fault of Gaggenau,
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 limi-
tation, any form of commercial use, use or storage of an
indoor product outdoors, use of the Product in conjunc-
tion 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 selfperformed "fixing" or
exploration of the appliance's internal workings).
¡
Adjustment, alteration or modification of any kind.
¡
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 prod-
uct in strict conformity with local fire and building codes
and regulations.
¡
Ordinary wear and tear, spills of food, liquid, grease ac-
cumulations, 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.
¡
Service calls to correct the installation of your Product,
to instruct you how to use your Product, to replace
house fuses or correct house wiring or plumbing.
¡
Removal and replacement of trim or decorative panels
that interfere with servicing the Product.
¡
Damage or defects caused by labor or parts installed by
any non-authorized service provider, unless approved
by Gaggenau before service is performed.
In no event shall Gaggenau have any liability or responsi-
bility whatsoever for damage to surrounding property, in-
cluding cabinetry, floors, ceilings, and other structures or
objects around the Product. Also excluded from this war-
ranty 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 noth-
ing wrong with the Product; correction of installation prob-
lems (you are solely responsible for any structure and set-
ting for the Product, including all electrical, plumbing or
other connecting facilities, for proper foundation/flooring,
and for any alterations including without limitation cabi-
netry, walls, floors, shelving, etc.); and resetting of break-
ers or fuses
TO THE EXTENT ALLOWED BY LAW, THIS WARRANTY
SETS OUT YOUR EXCLUSIVE REMEDIES WITH RE-
SPECT TO PRODUCT, WHETHER THE CLAIM ARISES
IN CONTRACT OR TORT (INCLUDING STRICT LIABIL-
