STATEMENT OF LIMITED PRODUCT WARRANTY
en-us
25
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, chip, dents, or
other damage to the finish) of the Product, for a period of
sixty (60) days from the date of purchase 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 fac-
tors. This cosmetic warranty specifically excludes any dis-
play, floor, “As Is”, or “B” stock appliances.
12.3 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 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 Gaggenau 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. Gaggenau's sole lia-
bility and responsibility hereunder is to repair manufac-
turer-defective 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 repairs or work
performed by a non-authorized service provider. Autho-
rized service providers are those persons or companies
that have been specially trained on Gaggenau products,
and who possess, in Gaggenau's opinion, a superior repu-
tation for customer service and technical ability (note that
they are independent entities and are not agents, partners,
affiliates or representatives of Gaggenau). Notwithstand-
ing the foregoing, Gaggenau will not incur any liability, or
have responsibility, for the Product if it is located in a re-
mote area (more than 100 miles from an authorized ser-
vice provider) or is reasonably inaccessible, hazardous,
threatening, or treacherous locale, surroundings, or envi-
ronment; 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 spe-
cial charges by the service company, assuming they agree
to make the service call.
12.4 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.
12.5 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.
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-
ITY, OR NEGLIGENCE) OR OTHERWISE. THIS WAR-
RANTY 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 OTH-
ERWISE, SHALL BE EFFECTIVE ONLY FOR THE PE-
RIOD THAT THIS EXPRESS LIMITED WARRANTY IS
EFFECTIVE. IN NO EVENT WILL THE MANUFACTURER
