Warranty

1.             Definitions

1.1          "Customer" means the purchaser of the Product/s.

1.2          "Delivery Date" means the date specified as such in the Invoice, or if no such date is specified, such alternative delivery date as the Customer and the authorised distributor of Products agree on, or in the case of "cash and carry" purchases, the date of purchase specified in the Invoice.

1.3          "Extended Warranty Period" shall have the meaning ascribed to it in clause 4.

1.4          "General Warranty Period" shall have the meaning ascribed to it in clause 3.

1.5          "Invoice" means an invoice issued by an authorised distributor of Products to the Customer for the purchase of the Product/s.

1.6          "Miele" means Miele Sdn Bhd., a company incorporated in Malaysia and having its registered address at Lot 6.05, Level 6, KPMG Tower, 8 First Avenue, Bandar Utama, 47800 Selangor, Malaysia.

1.7          "Product/s" means the Miele product/s purchased by the Customer and referred to in an invoice.

2.             Warranty

Miele will provide a warranty in respect of Products which are not consumables in accordance with the provisions of these warranty terms and conditions. Products covered under the warranty shall comprise vacuum cleaners, washing machines, tumble dryers, washer dryers, ironers, CombiSets, steam ovens, hoods, warming drawers, ovens, hobs, dishwashers, coffee makers, wine cellars/coolers, microwaves, refrigerators, freezers and fridge freezers (or any other Products as determined by Miele in its discretion)  but shall exclude Products which are consumables, for example accessories, dust bags, filters, care collection, and care products.

3.             General Warranty Period

Subject to clauses 2, 4 and 5, Miele will repair free of charge any Product/s which are supplied by Miele and located in Malaysia or repair or replace any part or parts thereof which are shown to the satisfaction of Miele to be defective due to faulty materials or workmanship within:

24 months from the Delivery Date of the Product where a Product is delivered to the Customer; or

six (6) months from the Delivery Date of the Product where the Product has, in Miele’s opinion, been used for any purposes other than as a personal household appliance.

("General Warranty Period").

4.             Extended Warranty Period

Except in the case of vacuum cleaners and appliances purchased at Miele Warehouse Sale, the General Warranty Period referred to in clause 3 above will be extended for an additional 12 months if the Customer registers the warranty online at Miele’s website at www.miele.sg  ("Extended Warranty Period").

5.             Claims Not Covered Under Warranty

Miele will not be responsible for any claim, whether under clause 3, clause 4 or otherwise, where such claims relate to matters not due to the fault of Miele, including but not limited to:

the cost of conversion or modification or the costs of repairs carried out by any third party without the prior consent of Miele.

any fault or defect caused by:

faulty installation arising from e.g. failure to observe the instructions of Miele or any other reason not due to the fault of Miele;

careless operating, handling or misuse (e.g. vacuuming liquids) or other misuse of the type described in the instruction manual of the Product;

external sources e.g. transit damage, weather; or

repairs or alterations carried out by parties other than Miele or an authorised agent of Miele.

6.             Right To Inspect and Test

Miele reserves the right to inspect and test the Products for the purpose of determining the extent of any defect and the validity of any claim made under this warranty.

7.             Proof of Purchase

Before the free services pursuant to clause 3 or clause 4 can be provided, the Customer will be required to substantiate the date of purchase and/or the Delivery Date of the relevant Product (for example, by providing documentary evidence such as the relevant Invoice or receipt).

8.             Parts Removed or Replaced

Any part or parts removed from any Product, pursuant to Miele’s obligations under clause 3 or clause 4, will become the property of Miele.

The replacement of any part or parts fitted to any Product pursuant to Miele’s obligations under clause 3 or clause 4 will not extend the General Warranty Period or the Extended Warranty Period.

9.             Limitation of Liability

9.1          Exclusion of Damages: Miele shall not be liable to the Customer (whether directly or by way of indemnity) in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature, incurred or suffered by the Customer, of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.

9.2          Limitation of Damage Amount: Miele’s liability to any person for damages arising from any defect in a Product shall be limited to the “standard purchase price” of the Product, which shall mean the lower of (i) the Price paid by the original purchaser and (ii) Miele’s standard list purchase price for the Product in Malaysia.

9.3          Payment of Refund in Lieu of Other Obligations: Miele shall be entitled to elect in its sole discretion to pay a refund of the Standard Purchase Price, and such payment shall fully discharge all of Miele’s liabilities to any person (whether for repair, replacement or monetary compensation) relating to the Product.

9.4          Liability implied by law: Notwithstanding clauses 9.1, 9.2 and 9.3, nothing in these terms and conditions (a) excludes, restricts or modifies any condition, warranty, right or liability implied into these terms and conditions (including any condition, warranty, right or liability imposed) where to do so is illegal or would render any provision hereof void; or (b) shall limit or exclude any liability for death or personal injury caused by Miele’s negligence.

10.          SERVICE & SPARE PARTS

10.1        While Miele will use reasonable commercial endeavours to have all necessary spare parts available for the purpose of warranty repair or service, Miele is not liable for delays due to sourcing of unusual parts which are required, or due to circumstances beyond the control of Miele.

10.2        Miele’s service coverage as set out above is only available for Product/s purchased and used in Malaysia.

11.          ILLEGALITY

The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

12.          Third Party Rights

The parties to this Agreement do not intend that any term of this Agreement will be enforceable solely under or by virtue of the Contracts (Rights of Third Parties) Act by any person who is not a party to this Agreement.

13.          GOVERNING LAW

The Agreement shall be governed by and construed in all respects in accordance with the laws of Malaysia and all parties hereto agree to submit to the jurisdiction of the Malaysian Courts.