These Terms and Conditions of Sale apply to all sales of household appliances for domestic, non-commercial use in Canada between you and Miele Limited (“Miele”). You agree to these terms when you purchase any such appliance.
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Definitions
1.1 In this agreement, the following words and phrases shall have the corresponding meanings:
(a) “Customer Quote” means a valid quote supplied to you by Miele or its authorized agent and/or as stored in Miele’s database;
(b) “You” means you, the purchaser of product as identified on the Customer Quote or Order Confirmation under the “Customer Billing Information” heading;
(c) “Order Confirmation” means Miele’s written, whether in digital or physical form, (i) acceptance of your purchase order or (ii) acknowledgement of your Customer Quote;
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Agreement
2.1 An agreement is made between you and Miele for the purchase of product if and when Miele accepts your order by issuing you an Order Confirmation. The Order Confirmation will be considered issued, whether given or shown to you in electronic or physical form, if it is stored and accessible by Miele in Miele’s database. Upon issuance of the Order Confirmation, title to the products shall pass to you.
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Quote, Price and Specifications
3.1 A Customer Quote is valid for a maximum period of 30 days from the date of issue. If
(a) any product or
(b) the price referenced for any product
in a Customer Quote is subject to a promotion of any kind, the Customer Quote as regards that product or price is valid for the lesser of 30 days from the date of issue and the expiry of the applicable promotion. Changes in provincial and/or federal taxes that apply to the purchase of Miele products are exempt from the 30 day validity period.
3.2 The price payable is the price specified in the Order Confirmation. In the event of a conflict between the Order Confirmation given or shown to you and that stored in Miele’s database, the version of the Order Confirmation stored in Miele’s database shall govern.
3.3 Unless otherwise expressly agreed upon in writing by Miele, any figures, measurements, dimensions, performance values, dollar values, samples, patterns, statements, technical provisions or specifications, catalogues, brochures, depictions, photographs, models, designs, drawings, promotional materials in print or electronic format or other descriptive specifications relating to the Customer Quote (the “Promotional Specifications”) are approximations only and shall not form part of this or any other agreement nor will they be treated as any representation, warranty or condition in relation to the products until confirmed by the Order Confirmation. Miele reserves the right to modify, alter or change any Promotional Specifications at any time without notice before the Order Confirmation is issued.
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Payment
4.1 Unless otherwise stipulated by Miele, the full purchase price is due and payable at the time of order except where the delivery date requested is tentative. In which case a deposit of 25% is due and payable at the time of order with the balance due and payable at least 30 days preceding the confirmed delivery date.
4.2 If products referenced in the same Order Confirmation are to be delivered at different times, payment for each product shall be payable in accordance with these provisions as though each product was ordered individually.
4.3 In addition to the purchase price payable for the products, you agree to pay all applicable goods and services tax, harmonized sales tax, sales taxes (including provincial sales taxes), or any other similar taxes payable on the purchase of the products. If you are purchasing products on a fully installed basis in the province of British Columbia, you agree to be liable for the British Columbia provincial sales tax under section 80 of the Provincial Sales Tax Act on the purchase price of the products installed in British Columbia.
4.4 Method of payment for down payment of 25% at point of sale are Amex, Visa or Mastercard credit cards. Outstanding balance(s) are to be settled prior to delivery. Method of payment for outstanding balance(s) are Amex, Visa, Mastercard or electronic bill payment for orders where total order value before applicable taxes is less than $15,000. For orders where total order value before applicable taxes equals or exceeds $15,000 before applicable taxes, method of payment for outstanding balance(s) is electronic bill payment only.
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Default in Payment
5.1 If you fail to make any payment to Miele when due, you will, without prejudice to any other right or remedy of Miele:
(a) pay interest on the amount outstanding, compounded daily at a per annum rate equal to , the rate quoted by Miele’s bank, located in Toronto, as the prime lending, plus 3%;
(b) reimburse Miele for all reasonable costs and expenses incurred by Miele in relation to the outstanding debt and collection of it; and
(c) upon reasonable notice by Miele and at Miele’s option, return the applicable product to Miele or permit a representative of Miele reasonable access to such product to repossess it.
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Delivery
6.1 Miele will deliver your order to the location specified in the Order Confirmation.
6.2 If Miele, by a cause reasonably within its control, fails to deliver the product within 30 days of scheduled date, you may terminate this agreement upon the provision of 5 business days notice. If the product is not delivered within the notice period, this agreement is terminated.
6.3 If the model of a particular product is discontinued or superseded and not available for delivery on the scheduled date, Miele will notify you prior to such date that:
(a) at Miele’s discretion, an equivalent or superior model is available and such model can be substituted for a reasonable additional charge; or
(b) the model ordered is unavailable and this agreement thereby terminated.
6.4 Acceptance by you of an equivalent or superior model in accordance with subsection 6.3(a) alters the Order Confirmation as appropriate. Failure to accept an offer for an equivalent or superior model within 5 business days terminates this agreement as regards the applicable product.
6.5 If you refuse to accept delivery of any product, Miele may terminate this agreement with 5 business days notice. If you do not collect the product from Miele or pay an additional delivery charge and accept delivery of the product within the notice period, this agreement is then terminated.
6.6 If delivery of the product, through no fault of Miele’s, is not completed within 6 months of the requested delivery date, this agreement and your order are then terminated.
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Product Returns or Exchanges
7.1 Products delivered to you may be returned to or exchanged by Miele only as provided for in this section.
7.2 Return or exchange requests for reason of cosmetic damage, manufacturing or design defects or improper installation (provided such installation was performed by Miele or its authorized agent) are subject to Miele’s Standard Warranty and may not be returned or exchanged except as provided therein. The Miele Standard Warranty is attached hereto or, if not attached, available from www.miele.ca.
7.3 Return or exchange requests for any other reason, including product dissatisfaction or unsuitability and defects not covered by the Miele Standard Warranty are granted at the sole discretion of Miele. If a return or exchange is to be accepted, a Miele Care Representative will contact you to arrange for the return or exchange of the product. If a return or exchange is performed, you will be charged a restocking fee and, at Miele’s discretion, the cost of labour, travel and/or parts. If the product has not been removed from its original packaging , the restocking fee will not exceed 10% of the price. Otherwise, the restocking fee will not exceed 25% of the price.
7.4 Return Policy for online purchases of vacuums, consumables and accessories: please call our Customer Contact Center at 1-800-565-6435.
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Refund if Delivery Cancelled
8.1 If this agreement, in respect of any product ordered, is terminated prior to delivery:
(a) for a cause directly attributable to Miele, including termination under clauses 6.2, 6.3(b) or 6.4; or
(b) before the lesser of (i) 24 hours after the time of order and (ii) the time the Miele Customer Contact Centre confirms the order with you by telephone;
Miele will refund in full all sums paid by you for such product. Miele will not, however, be liable for any interest or any other loss or damage resulting from termination.
8.2 If this agreement, in respect of any product(s) ordered, is modified, cancelled or terminated prior to delivery for any other reason, you will pay Miele and/or Miele will setoff against any deposit paid by you, an administrative fee of 10% of the deposit paid by you and/or minimum deposit due for such product(s) and Miele will return to you any excess deposit monies remaining after applying the administrative fee.
8.3 Notwithstanding clauses 8.1 and 8.2, if you terminate this agreement as regards to a product to be designed or built to your specific specifications, all sums paid by you are forfeit.
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Ownership and Risk
9.1 You grant Miele a security interest in all products purchased until all amounts, including those additional amounts due hereunder or under any renewal or extension hereof, or under any judgment secured in relation to the rights of Miele hereunder, are fully paid.
9.2 You agree not to sell, encumber or otherwise deal with the product to any third party until the price is paid in full to Miele. If you purport to do so, you will be deemed to hold the proceeds of sale or other realization, to a maximum of the balance outstanding, in trust for Miele.
9.3 Notwithstanding clauses 9.1 and 9.2, the risk of loss or damage to the product passes to you upon delivery.
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Warranty
10.1 The warranties available to the Miele appliances purchased by you are those limited warranties (i) contained in the Miele Standard Warranty attached hereto or, if not attached, as available from www.miele.ca and (ii) contained in the Miele Extended Warranty if you purchased the Miele Extended Warranty for an additional fee. Miele reserves the right to amend the terms of either warranty at any time without notice. A copy of the Miele Extended Warranty is available from www.miele.ca.
10.2 THE EXPRESS WARRANTIES CONTAINED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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Privacy
11.1 Miele will collect, use and disclose your personal information (including name and personal address and telephone number) only in accordance with Miele's Privacy Policy as available from www.miele.ca and applicable Canadian privacy principles.
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Limitation of Liability
12.1 MIELE, INCLUDING ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. IN ANY EVENT, MIELE’S LIABILITY SHALL NOT EXCEED THE LOWER OF (i) THE PRICE PAID FOR THE PRODUCT AND (ii) THE COST OF THE REPAIR OR REPLACEMENT (AT MIELE’S OPTION) OF THE PRODUCT (OR DEFECTIVE PART THEREOF). MIELE DOES NOT ACCEPT (AND YOU AGREE TO INDEMNIFY MIELE AGAINST) ANY LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE EXPERIENCED BY YOU OR ANY OTHER PERSON ARISING OUT OF THE HANDLING, POSSESSION, USE OR SALE OF ANY PRODUCT PURCHASED BY YOU. MIELE DOES NOT ACCEPT ANY LIABILITY WHATSOEVER ARISING FROM ANY AND ALL CLAIMS OF THIRD PARTIES INCLUDING RESALE PURCHASERS OR END-USERS. MIELE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
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Governing Law
13.1 This agreement shall be governed by, construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, excluding their rules governing conflicts of laws. Both parties hereby expressly and irrevocably attorn to the exclusive jurisdiction of the courts of competent jurisdiction sitting in Toronto, Ontario or in such other jurisdiction as Miele may enforce its rights.
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Miscellaneous
14.1 You may also have other rights which may vary in the consumer protection legislation from province to province in Canada. Some provinces do not allow limitation or exclusion of implied warranties, therefore, certain limitations and exclusions may not apply.
14.2 This agreement shall be binding upon and enure to the benefit of the respective successors and assigns of the parties, provided that you shall not assign or transfer any of your rights and obligations hereunder without the prior written consent of Miele.
14.3 If any provision hereof is invalid or unenforceable in any jurisdiction, then, to the fullest extent permitted by law (i) the other provisions hereof shall remain in full force and effect in such jurisdiction and shall be liberally construed in favour of Miele in order to carry out the intentions of the parties hereto as nearly as may be possible and (ii) the invalidity or unenforceability of any provision hereof in any jurisdiction shall not affect the validity of unenforceability of such provision in any other jurisdiction.
14.4 In any action to enforce this agreement, Miele shall, in addition to any other relief, be entitled to reasonable legal fees.
14.5 The headings in this agreement are for purposes of reference only and shall not affect the meaning hereof.
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Website
15.1 Miele makes no warranties that the information presented on the website is current, up-to-date or accurate and shall assume no liability of any financial loss that may occur as result of website usage. The entire risk as to the quality, accuracy, completeness, correctness and / or validity of any data rests with customer.
15.2 Terms and Conditions of Sale for online purchases of vacuums, consumables and accessories : please call our Customer Contact Center at 1-800-565-6435.
APPENDIX 1
MIELE LIMITED WARRANTY
The following warranty conditions are valid in Canada only.
Miele Limited, (hereinafter "Miele") warrants to the original purchaser that this product, including all of its Miele authorized parts and accessories, is free of defects in material and workmanship.
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Duration of Warranty
This warranty is valid during the following time periods:
(a) Domestic appliances in normal, non-commercial, household use:
(i) One (1) year. Parts and labour.
(ii) RemoteVision® Modules: Please refer to Miele's "Limited Warranty — RemoteVision® Module — Canada".
(iii) Additional 5 and 10 Year Limited Warranty on Sealed Refrigeration Systems: The Warranty for the Sealed Refrigeration System includes all original compressors, condensers, evaporators, driers, the original refrigerant and the original connecting tubing.
(iv) Five (5) Year Warranty — If a claim regarding a defect in material or workmanship relating to the Sealed Refrigeration Systems used in Miele Refrigerators, Wine Coolers, and Freezers is received by Miele within five (5) years from the date of purchase, then any warranted failures of the Sealed Refrigeration System shall be repaired at no cost to you (including parts & labour).
(v) Ten (10) Year Warranty — If a claim of such a defect is received at any time during the period starting from the sixth (6th) year and ending on the last day of the tenth (10th) year after the date of purchase, this Warranty shall cover the replacement or repair of all parts of the Sealed Refrigeration System covered by the Warranty that is found to be defective in material or workmanship but shall not include labour. Upon request, such labour shall be provided by Miele and at the customary charge to the Miele Customer.
(b) Domestic appliances in commercial use:
(i) Six (6) months, for parts and labour.
(c) Vacuums in normal, non-commercial, household use:
(i) One (1) year, upright and canister vacuums. Parts and labour.
(ii) Two (2) years, motor for S170 - S189 upright units. Parts and labour.
(iii) Seven (7) years, VortexTM motor for canister and upright units, except S170 - S189 upright units for which the motor warranty is two (2) years. Parts and labour.
(d) Vacuums in commercial use:
(i) Six (6) months, for products used commercially. Parts and labour.
(ii) One (1) year for motor for canister and upright models. Parts and labour.
(e) Commercial appliances sold through dealers and/or Miele Chartered Agents:
(i) One (1) year. Parts and labour.
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Commencement Date
Warranty coverage begins on the date of purchase. If a product under warranty is replaced by Miele, the original warranty period is not extended but continues from the date of original purchase.
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Warranty Preconditions
3.1 Miele assumes warranty responsibility subject to the following preconditions having been fulfilled:
(a) You are the original purchaser and did not obtain the product through resale;
(b) The product was purchased from Miele or an authorized Miele dealer in Canada;
(c) If applicable, the product was installed by a person designated by Miele as qualified to do so and in accordance with applicable installation instructions; and
(d) The product is located in Canada.
3.2 Warranty claims will only be honoured provided that any failure to conform to this warranty is reported in writing and the product is returned together with proof of purchase date to Miele or to a Miele authorized dealer, as applicable, within the time period stated in Section 1 above.
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Extent of Warranty
In the event of defect in material or workmanship occurring within the time period stated in I. above, Miele will repair, or at its option replace, within a reasonable period of time, the product or any Miele authorized part or accessory discovered to be defective in workmanship or materials. Defective products and parts become the property of Miele upon replacement.
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Exclusions
Warranty coverage excludes any product, including its parts and accessories, that:
(a) was not installed according to Miele's installation instruction;
(b) was damaged by negligence, accident, abuse, misuse, improper or abnormal usage, maintenance or transportation;
(c) contains non-authentic Miele accessories or replacement parts, including filters, dust bags and other non-Miele products; and
(d) was repaired, serviced, altered or modified by someone other than a Miele authorized service centre or technician.
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Ordinary Wear and Tear
Ordinary wear and tear shall not be considered a defect in workmanship or materials.
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Limitation of Liability
7.1 Unless you purchase extended warranty coverage from Miele prior to the expiry of this warranty, this warranty is the sole warranty offered by Miele to you. Miele disclaims any and all other warranties to the fullest extent permitted by law, whether express or implied, including any warranty of merchantability or fitness for a particular except as provided herein.
7.2 Your sole remedies under this warranty are those described herein. Unless otherwise stated, Miele's liability for actual damage from any cause whatsoever is limited to the amount paid by you for the product. Miele disclaims any and all liability and consequential or other damage whether based on breach of contract, tort (including negligence), product liability or any other legal theory. In no event will either party be responsible for any lost profits or savings, incidental damage or other economic damages.
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Special Provincial Laws
This warranty gives the purchaser specific legal rights. The purchaser may also have other rights which may vary from Province to Province in Canada. Some provinces do not allow limitation or exclusion of implied warranties, therefore, certain limitations and exclusions may not apply.
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Customer Care
9.1 For service under this warranty or for further information please contact Miele at:
Miele Limited
161 Four Valley Drive
Vaughan, Ontario
L4K 4V8 Canada
Toll free: 1-800-565-6435
Email: [email protected]
9.2 Service may require that the appliance be removed and taken, by authorized Miele personnel, to an authorized Miele Service Centre. If service is requested by you in a remote geographical area, as determined by Miele in its sole discretion from time to time, you will, at Miele's option, be responsible for either:
(a) the travel expenses incurred by Miele to attend your premises; or
(b) the cost of removal and shipment of the appliance from your premises to the nearest authorized Miele Service Centre.
Miele Limited
Headquarters and Showroom
161 Four Valley Drive
Vaughan, Ontario
L4K 4V8 Canada
Phone: 1-800-643-5381 / (905) 660-9936
Fax: (905) 535-2290
www.miele.ca
[email protected]
[email protected] (commercial enquiries)
MieleCare National Service
Phone: 1-800-565-6435 / (905) 532-2272
Fax: (905) 535-2292
[email protected] (general and technical enquiries)
APPENDIX 2
MIELE EXTENDED WARRANTY
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Validity
1.1 The terms and conditions of this Miele extended warranty apply exclusively to Miele Limited (“Miele”) non-commercial, domestic household appliances purchased directly from Miele (including purchases facilitated by Miele Chartered Agents) and/or from authorized Miele Dealers, by the original purchasing consumer (“you” or “your”), provided:
(a) if you purchased the appliance from an authorized Miele Dealer, you purchased and paid in full for this extended warranty from such Dealer at the time you purchased the appliance; or
(b) you purchased and paid in full for this extended warranty directly from Miele during the validity of the Miele Standard Warranty; and Miele has accepted such appliance for extended warranty coverage. This extended warranty is valid only in Canada.
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Coverage
The coverage period for the 5 Year Total Miele Extended Warranty are 4 years and the coverage period for the 10 Year Total Miele Extended Warranty are 9 years. Coverage begins on the day immediately following the expiry of the Miele Standard Warranty as specified in the materials shipped with the appliance or, if not shipped, as available from www.miele.ca. During the covered period, Miele will furnish all parts and labour for all valid repair services. In the event that the cost of repair exceeds the replacement value of the appliance or Miele, in its sole discretion, determines that cost of repair is uneconomical, Miele may, at its sole discretion, either exchange for an equivalent model or refund the prorated value of the appliance. This warranty is void following any refund or exchange as contemplated by this section.
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Warranty Service
3.1 For service under this warranty or for further information please contact Miele at:
Miele Limited
Headquarters and Showroom
161 Four Valley Drive
Vaughan, Ontario L4K 4V8
Canada
Toll free: 1-800-565-6435
Email: [email protected]
3.2 Service may require that the appliance be removed and taken, by authorized Miele personnel, to an authorized Miele Service Centre. If service is requested by you in a remote geographical area, as determined by Miele in its sole discretion from time to time, you will, at Miele’s option, be responsible for either:
(a) the travel expenses incurred by Miele to attend your premises; or
(b) the cost of removal and shipment of the appliance from your premises to the nearest authorized Miele Service Centre.
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Exclusions
4.1 Coverage specifically excludes repairs or service of:
(a) appliances not purchased from Miele or an authorized Miele Chartered Agent, resale appliances and all other appliances no longer owned by the original purchasing consumer;
(b) commercial appliances;
(c) options or accessories supplemental to the appliance;
(d) light bulbs and broken glass;
(e) ordinary wear and tear, including rust, scratches and marks; and
(f) cosmetic damage, including noise, which does not affect the functioning of the appliance;
4.2 Service does not include repair required as a result of neglect; misuse; accident; repair, modification or alteration by service providers other than those specifically authorized by Miele; failure of the customer to perform Miele’s recommended maintenance and/or follow Miele’s operating instructions; non-Miele parts; and other causes, whether internal or external to the appliance, which are beyond Miele’s control. Miele does not guarantee the uninterrupted or error free functioning of the appliance.
4.3 This warranty does not apply, and the customer is solely responsible for, all costs associated with (a) any non-Miele insurance premiums or deductibles and other warranties, (b) the installation of any exchange or replacement unit, and (c) the removal or reinstallation of any appliance that is, in the opinion of Miele, not easily accessible, and (d) of labour where Miele or its authorized service providers can identify no fault or damage to the appliance. Miele’s standard repair service rates apply to all repair services performed which are not covered by this warranty.
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Repair Parts
All repairs parts will be provided on an exchange basis. All parts supplied will be new or equivalent. Any and all parts removed or replaced become the property of Miele.
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Limitation of Liability
6.1 The limited warranty and this extended warranty are the sole warranties offered by Miele to you. Miele disclaims any and all other warranties to the fullest extent permitted by law, whether express or implied, including any warranty of merchantability or fitness for a particular except as provided herein.
6.2 Your sole remedies under this extended warranty are those described herein. Unless otherwise stated, Miele’s liability for actual damage from any cause whatsoever is limited to the amount paid by you for the appliance. Miele disclaims any and all liability and consequential or other damage whether based on breach of contract, tort (including negligence), product liability or any other legal theory. In no event will either party be responsible for any lost profits or savings, incidental damage or other economic damages.
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Cancellation
Extended warranty coverage will not be in effect until payment is received in full by Miele. Where payment is made to an authorized Miele Chartered Agent, this warranty is not valid until such payment is received by Miele from the agent. Either party may terminate this extended warranty at any time upon three months’ prior notice. If the extended warranty is cancelled, Miele will refund the remaining pro-rated portion of the price, less an administrative fee of $20.00.
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Special Provincial Laws
This warranty gives you certain specific legal rights. You may also have other rights which may vary from province to province within Canada. Some provinces do not allow limitation or exclusion of liability and/or implied warranties. Accordingly, certain limitations and exclusions may not apply.
APPENDIX 3
MIELE DELIVERY POLICY
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Warehousing and Stock
1.1 Miele will provide warehousing facilities in major metropolitan areas across Canada to facilitate economically feasible direct-to-consumer home deliveries. Miele will endeavour to stock sufficient product within each warehouse to reduce the occurrence of back orders.
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Miele’s Direct Home Delivery Service
2.1 Where your premises, as identified on the Order Confirmation, are within a major metropolitan centre, as defined by Miele from time to time, and it is deemed by Miele in its sole discretion to be economically feasible, Miele will deliver and, if applicable, install the product ordered by you directly to your premises from Miele’s nearest warehouse (the “Direct Home Delivery Service”).
2.2 Where you are eligible for Direct Home Delivery Service, Miele will:
(a) offer you a choice of two delivery dates. Miele will use all reasonable efforts to delivery on your preferred delivery date. If Miele is unable to deliver on the preferred date, Miele guarantees delivery on the second date;
(b) contact you 24 to 48 hours prior to the scheduled delivery date to confirm the delivery address and to provide an estimated time of delivery. If delivery is delayed by more than two hours from the estimated time, Miele will contact you to arrange a new delivery time and/or date;
(c) not complete the delivery unless a person of the age of majority is present to accept delivery. Should you fail to give at least 4 hours notice that no such person will be available at the appointed time, you will be charged the amount outlined in the order confirmation for the intended delivery. In addition, you will be charged the equivalent amount for any subsequent delivery;
(d) ensure all of its delivery and installation staff are properly trained and clearly identified as “Miele Authorized Delivery Service”. All staff will be required to provide Miele with a satisfactory police reference check;
(e) take all reasonable precautions to avoid damaging your property, including having delivery staff or agents:
(i) wearing protective footwear coverings;
(ii) using proper delivery equipment;
(iii) using floor coverings and pads; and
(iv) using any other means deemed necessary by Miele to reduce the risk of damage to your property or the product.
However, for health and safety reasons, all delivery and installation staff must wear approved safety footwear at all times;
(f) instruct its delivery staff to place the product in the area requested by you provided such request is reasonable; and
(g) if requested, remove and dispose of all packing materials and inspect the product for damage. If any damage is discovered during inspection, the delivery staff will report it as soon as practicable to the Miele Customer Service Department. If no damage is discovered, you will acknowledge that the product was delivered “Free and Clear of Damages” on the delivery receipt.
If you do not request removal and disposal of packing materials, Miele recommends that the packing be removed by a Miele Certified Installer. If you unpack the product yourself and discover damage, you must report such damage to Miele within 48 hours of the time of delivery to have any remedy. If reported in time, Miele will consider the form of damage and may, in its sole discretion, remove and replace, exchange or discount the damaged product.
2.3 Where Miele determines that the Direct Home Delivery Service is not available, Miele will appoint a third party to deliver the product from Miele to you upon terms similar those of the Direct Home Delivery Service.
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Removal and Disposal of Old Appliances
3.1 If requested, Miele will move an old appliance from the new product’s location provided the old appliance is (i) disconnected and (ii) uninstalled. Although precautions will be taken, Miele will not be liable for any water, oil or other damage caused, derived from or associated with the removal of any old appliance. Where Miele determines, in its sole discretion, that damage is likely, Miele reserves the right not to move any old appliance.
3.2 Provided that the old appliance can be moved without damaging your property and if requested to do so, Miele will dispose of the old appliance. Such disposal will be subject to administrative and recycling charges at rates determined by Miele.
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Laundry Installation
4.1 If properly trained and designated as a Miele “Certified Laundry Installer”, delivery staff will offer to install and provide basic training on Miele laundry appliances other than gas dryers. The delivery staff will not install Miele cooking or dishwasher appliances.
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Force Majeure
5.1 In no event shall Miele be liable for failed or delayed delivery arising directly or indirectly from acts of God, war, threat of war, hostilities, civil commotion, governmental laws, orders or regulations, actions by governmental agencies, fire, explosion, accidents, labour disputes, trade and other restrictions, shortage or control of energy supplies or raw materials, inability of Miele to purchase materials at a commercially reasonable price, a default by Miele’s supplier, unavailability or delay of transportation or other similar or dissimilar circumstances affecting Miele or any entity directly or indirectly connected with the sale, manufacture or delivery of the products or components thereof (any of which is a “Force Majeure”). Miele may, at its option and without liability or loss, cancel or extend the time of delivery due to any Force Majeure. This provisions shall apply even if a Force Majeure occurs after a prior delay from another cause or causes. Notwithstanding the foregoing, you will not be released from any obligation to pay when due.
5.2 In the event of a Force Majeure, Miele may allocate its available supply, without obligation to purchase similar goods from other sources, among itself and its customers, including those not under contract, on such basis as it determines to be reasonable. Except to the extent of cancellation of deliveries or allocations of supply hereunder, this policy shall remain unaffected.
5.3 If you cannot accept delivery because of any Force Majeure, Miele at its option may cancel the delivery and the related agreement without liability to you or extend the time for delivery originally specified for a period equal to the length of such Force Majeure.
Please read about our detailed Terms & Conditions applicable to Miele Customer Plans (Miele ForeverCare) by clicking here.
Effective January 1, 2012
Updated March 21, 2017
These terms of use (“Terms of Use”) (i) govern your access to, and use of, miele.ca (the “Site”), and (ii) is a legal agreement between you and Miele Limited (“we”, “us”, “our” or “Miele”). By accessing and utilizing the Site, you hereby agree that you: (i) have read and understand these Terms of Use; and (ii) are bound by and shall comply with these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.
Section 1: Ownership.
You acknowledge and agree that all content and materials made available through or in connection with the Site are protected by either our rights, or the rights of our licensors or other third parties, of copyright, trademarks, service marks, patents, or other proprietary rights and laws. You may not use any of the marks, logos, domains and/or trademarks that you may find on or in connection with the Site, unless you have our written permission. You may use the content and materials made available in connection with the Site in the course of your normal, personal, non-commercial use in accordance with these Terms of Use. If you download or print a copy of any content and/or materials for your personal use, you must retain all copyright and other proprietary notices contained on such content. All rights not expressly granted herein are reserved.
Section 2: Products Purchased through the Site.
(a) Any purchases of Miele products through the Site are subject to Miele's Terms and Conditions of Sale
The following provision is inapplicable in Québec to Québec residents to whom the Quebec Consumer Protection Act applies.
(b) Miele makes no representations and/or warranties that the pricing information presented on the Site is current, up-to-date or accurate and shall assume no liability of any financial loss that may occur as a result of Site usage. To the greatest extent permitted under applicable law, Miele shall have no liability for any damages, losses or liabilities incurred as a result of the information posted on its website.
Section 3: Disclaimers.
The following provision is inapplicable in Québec to Québec residents to whom the Quebec Consumer Protection Act applies.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIELE , ITS AFFILIATES AND LICENSORS GIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USE OF THE SITE (INCLUDING WITHOUT LIMITATION THE FUNCTIONALITY THEREON) INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE OPERATION, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR PURPOSE. ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE HEREBY DISCLAIMED.
Section 4: Limitation of Liability.
The following provision is inapplicable in Québec to Québec residents to whom the Quebec Consumer Protection Act applies.
YOU ACKNOWLEDGE AND AGREE THAT NONE OF MIELE, ITS AFFILIATES AND/OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE (INCLUDING WITHOUT LIMITATION THE FUNCTIONALITY THEREON).
Section 5: Indemnity.
The following provision is inapplicable in Québec to Québec residents to whom the Quebec Consumer Protection Act applies.
You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any and all claims, liabilities, losses, damages, expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from (i) your access to, or use of, the Site, (ii) your violation of these Terms of Use; (iii) any breach by you of applicable laws; and (iv) your infringement of any intellectual property or other right of any third party.
Section 6: Terminating the Site.
You acknowledge and agree that we may terminate your access to, and use of, the Site if (a) you breach (or we reasonably believe you have breached) these Terms of Use; (b) required by applicable law; or (c) we discontinue the provision of the Site to our customers, generally. You acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for, or resulting from, any termination of your access to the Site.
Section 7: Personal Information.
In connection with your access to and use of the Site we may collect personal information from you. Our collection, use and disclosure of personal information is governed by our privacy policy which is incorporated herein by reference.
Section 8: Miscellaneous.
(a) Entire Agreement. These Terms of Use constitute the entire agreement between you and Miele with respect to the subject matter hereof.
(b) Governing Law. These Terms of Use shall be governed by, construed and interpreted in accordance with the laws of the Province of Ontario, or the laws of the Province of Québec for Québec residents, and the laws of Canada applicable therein, excluding their rules governing conflicts of laws. Both parties hereby expressly and irrevocably attorn to the exclusive jurisdiction of the courts of competent jurisdiction sitting in Toronto, Ontario, or the courts of the Province of Québec for Québec residents, or in such other jurisdiction as Miele may enforce its rights.
(c) Severability. To the extent any provision of these Terms of Use, including without limitation any disclaimers set forth herein, are deemed to be unenforceable as a matter of law, all remaining provisions of these Terms of Use shall remain in effect as written.
(d) No Waiver. Miele shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an authorized representative of Miele. No delay or omission on the part of Miele in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.
(e) Modifications. Miele reserves the right to make any changes to the Site, its content and/or services offered through the Site at any time and without notice. Miele may modify these Terms of Use (in whole or in part) at any time in accordance with applicable law.
(f) Third party links. The Site may provide links to third party sites or resources. You acknowledge and agree that we are not responsible for the availability of such sites and/or resources and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Such third parties have their own terms of use and other applicable policies. You should check such terms and policies before you utilize such third party sites and/or resources.
Effective October 1, 2019