65
Repair/Replace as Your Exclusive Remedy
During this warranty period, BSH or one of its authorized
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 BSH will replace your Product (upgraded models
may be available to you, in BSH’s sole discretion, for an
additional charge). All removed parts and components
shall become the property of BSH 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. BSH's sole liability and responsibility hereunder is
to repair manufacturer-defective Product only, using a
BSH-authorized service provider during normal business
hours. For safety and property damage concerns, BSH
highly recommends that you do not attempt to repair the
Product yourself, or use an un-authorized servicer; BSH
will have no responsibility or liability for repairs or work
performed by a non-authorized servicer. If you choose to
have someone other than an authorized service provider
work on your Product, THIS WARRANTY WILL
AUTOMATICALLY BECOME NULL AND VOID. Authorized
service providers are those persons or companies that
have been specially trained on BSH products, and who
possess, in BSH'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 BSH). Notwithstanding the
foregoing, BSH 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, BSH
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
BSH 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
expired.
Warranty Exclusions
The warranty coverage described herein excludes all
defects or damage that are not the direct fault of BSH,
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.
▯
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 BSH 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 BSH, 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 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.
