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 stor- age 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, tam- pering, failure to follow operating instructions, mishandling, unauthorized ser- vice (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 regula- tions.

•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 tempera- tures, 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 dam- age to surrounding property, including cabinetry, floors, ceilings, and other struc- tures or objects around the Product. Also excluded from this warranty are scratches, nicks, minor dents, and cosmetic damages on external surfaces and ex- posed parts; 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 sole- ly 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 EX- CLUSIVE REMEDIES WITH RESPECT TO PRODUCT, WHETHER THE CLAIM ARISES IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY, OR NEG- LIGENCE) OR OTHERWISE. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED. ANY WARRANTY IM- PLIED BY LAW, WHETHER FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, SHALL BE EFFECTIVE ONLY FOR THE PERIOD THAT THIS EXPRESS LIMITED WARRANTY IS EFFEC- TIVE. IN NO EVENT WILL THE MANUFACTURER BE LIABLE FOR CONSE- QUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, "BUSINESS LOSS", AND/OR PUNITIVE DAMAGES, LOSSES, OR EXPENSES, INCLUDING WITHOUT LIMI- TATION TIME AWAY FROM WORK, HOTELS AND/OR RESTAURANT MEALS, REMODELLING EXPENSES IN EXCESS OF DIRECT DAMAGES WHICH ARE DEFINITIVELY CAUSED EXCLUSIVELY BY THERMADOR, OR OTHERWISE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCI- DENTAL OR CONSEQUENTIAL DAMAGES, AND SOME STATES DO NOT AL- LOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

No attempt to alter, modify or amend this warranty shall be effective unless autho- rized in writing by an officer of BSH.