Residential Factory-Assembled Manual
Mugnaini Imports, Inc.
20
purchase date and a full description of the circumstances giving rise to the Warranty Claim. Warranty Claims
under this warranty are to be mailed to:
MugnaInI IMPorTs, InC.
11 hangar Way
Watsonville, California 95076
Before any Oven is returned for repair, written authorization must be obtained from Mugnaini or its
authorized representative for the return and instructions, as to how and where the Oven should be shipped.
Any Oven returned to Mugnaini for examination shall be shipped with all shipping charges prepaid,
at Original Purchaser’s expense, via the means of transportation indicated as acceptable by Mugnaini.
Mugnaini reserves the right to reject any Warranty Claim not promptly reported and any Warranty Claim
on any Oven that has been altered or has been shipped by non-acceptable means of transportation. When
an Oven is returned for examination and inspection or for any other reason, Original Purchaser shall be
responsible for all damages resulting from improper packing or handling and the risk of loss in transit,
notwithstanding any defect or nonconformity in the Oven.
In all cases, Mugnaini has sole responsibility in its reasonable judgment for determining the cause and
nature of failure, and Mugnaini’s determination with regard thereto shall be final and binding upon
the Original Purchaser. If it is found that Mugnaini’s Oven has been returned without cause and is still
serviceable, Original Purchaser will be notified and the Oven returned at Original Purchaser’s expense. In
addition, a charge for testing and examination may, in Mugnaini’s sole and reasonable discretion, be made
on any Oven so returned.
THE LIABILITY OF MUGNAINI FOR WARRANTY CLAIMS (REGARDLESS OF THE LEGAL THEORY ASSERTED,
SUCH AS BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, VIOLATION OF STATUTE
OR REGULATION, STRICT PRODUCTS LIABILITY, CONSUMER PROTECTION STATUTES OR DECEPTIVE TRADE
PRACTICES STATUTES); OR (2) DAMAGES (INCLUDING SETTLEMENTS, JUDGMENTS AND AWARDS, AND
COSTS, INCLUDING ATTORNEYS’ FEES AND EXPENSES INCURRED IN DEFENDING CLAIMS) ARISING OUT OF
THE OVEN, SHALL NOT BE GREATER THAN THE ACTUAL PRICE OF THE OVEN WITH RESPECT TO WHICH THE
WARRANTY CLAIM OR DAMAGES ARISES.
UNDER NO CIRCUMSTANCES IS MUGNAINI LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT
DAMAGES OF ANY kIND OR TYPE INCLUDING WITHOUT LIMITATION, CLAIMS FROM ORIGINAL PURCHASER,
OR OTHER THIRD PARTIES, PROSPECTIVE OR PRESENT LOSS OF PROFITS, BUSINESS REPUTATION OR
GOODWILL, EVEN IF MUGNAINI WAS AWARE OF A POTENTIAL FOR SUCH DAMAGE.
If Original Purchaser is not satisfied with the warranty service, the Original Purchaser must submit a Warranty
Claim in writing to Mugnaini’s Dispute Settlement Representative at 11 Hangar Way, Watsonville, California
95076. The written notice must include the Oven type, the model and serial number of the Oven, the
purchase date, a detailed description of the problem and the address at which the Original Purchaser can be
reached. Mugnaini will review each notice and respond to the Original Purchaser in an effort to settle such
dispute. Under federal law, no lawsuit may be initiated unless and until the dispute settlement procedures
outlined in this warranty have been exhausted. Any Warranty Claim shall be governed by and construed in
accordance with the internal laws of the State of California. Original Purchaser consents to the jurisdiction
and venue of any court, federal or state, sitting in the State of California, County of Santa Cruz, for the
resolution of any dispute arising out of the Warranty Claim.
This warranty gives Original Purchaser specific legal rights, and Original Purchaser may also have other
rights that vary from state to state. Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply.
