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39
Repair/Replace as Your Exclusive Remedy
During this warranty period, Thermador 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 a reasonable number attempts to repair the Product
have been made without success, then Thermador will
replace your Product (upgraded models may be
available to you, in Thermador’s sole discretion, for an
additional charge). All removed parts and components
shall become the property of Thermador 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. Thermador’s sole liability and
responsibility hereunder is to repair manufacturer-
defective Product only, using a Thermador-authorized
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 an unauthorized servicer;
Thermador 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 Thermador products, and who possess, in
Thermador’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 Thermador).
Notwithstanding the foregoing, Thermador 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, 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 company, assuming they agree to make
the service call.
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
expired.
Warranty Exclusions
The warranty coverage described herein excludes all
defects 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
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 Thermador 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
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