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en-us STATEMENT OF LIMITED PRODUCT WARRANTY
of original delivery, and shall not be stalled, tolled, ex-
tended, or suspended, for any reason whatsoever. This
Product is also warranted to be free from cosmetic de-
fects in material and workmanship (such as scratches of
stainless steel, paint/porcelain blemishes, chips, dents, or
other damage to the finish) of the Product, for a period of
sixty (60) days from the date of delivery or closing date for
new construction. This cosmetic warranty excludes slight
color variations due to inherent differences in painted and
porcelain parts, as well as differences caused by kitchen
lighting, product location, or other similar factors. This cos-
metic warranty specifically excludes any display, floor, "As
Is", or "B" stock appliances.
12.3 Repair/replace as your exclusive rem-
edy
During this warranty period, Thermador or one of its au-
thorized 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 Thermador will replace your Product (upgraded mod-
els may be available to you, in Thermador's sole discre-
tion, for an additional charge). Nothing in this warranty re-
quires 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 re-
paired 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 lia-
bility and responsibility hereunder is to repair manufac-
turer-defective Product only, using a Thermador autho-
rized 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; Ther-
mador will have no responsibility or liability for damage re-
sulting from repairs or work performed by a non-autho-
rized 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 indepen-
dent entities and are not agents, partners, affiliates or rep-
resentatives of Thermador). Nevertheless, taking your
product to be serviced by a repair shop that is not affiliated
with or an authorized dealer of Thermador will not void this
warranty. Also, using third-party parts will not void this
warranty. Notwithstanding the foregoing, Thermador will
not incur any liability, or have responsibility, for the Prod-
uct if it is located in a remote area (more than 100 miles
from an authorized service provider) or is reasonably inac-
cessible, hazardous, threatening, or treacherous locale,
surroundings, or environment; in any such event, if you re-
quest, 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 com-
pany, assuming they agree to make the service call. Fur-
ther, to the extent you have installed the Product in a diffi-
cult-to-access location or have otherwise installed tempo-
rary or permanent fixtures that create barriers to accessing
or removing the Product, Thermador will not incur any lia-
bility for, or have responsibility, for work or costs associ-
22
ated with moving the Product or otherwise creating access
to the Product in order to repair or replace it. All such
costs shall be your sole responsibility.
12.4 Out of warranty product
Thermador 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.
12.5 Warranty exclusions
The warranty coverage described herein excludes all de-
fects 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 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
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that interfere with servicing the Product.
Damage or defects caused by labor or parts installed by
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any non-authorized service provider, unless approved
by Thermador before service is performed.
In no event shall Thermador 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-
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