These Terms and Conditions of Sale apply to all sales of Miele products for domestic, non-commercial use in Canada between you and Miele Limited ("Miele"). You agree to these terms when you purchase any such product.

Definitions

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;

(b) "You" means you, the purchaser of product as identified, to the extent applicable, on the Customer Quote or Order Confirmation under the "Customer Billing Information" heading;

(c) "Order Confirmation" means (i) with respect MCA Products, Miele's written, whether in digital or physical form, acceptance of your purchase order and, to the extent applicable, acknowledgement of your Customer Quote and (ii) with respect to non-MCA Products, the receipt or confirmation email provided by Miele confirming the purchase of such products; and

(d) “MCA Products” means major domestic appliances, which encompasses all Miele products except vacuums, free standing coffee makers, Miele CareCollection, and Miele Care Products.

 

Agreement

An agreement is made between you and Miele for the purchase of product(s) if and when Miele accepts your order by issuing you an Order Confirmation. Miele will consider the Order Confirmation issued when it is sent or issued to you in physical or digital form.

 

Quote, Price and Specifications

The following section applies to the purchase of MCA Products from a Miele authorized agent or a Miele Experience Centre.

(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 given on the basis of a promotion of any kind, the Customer Quote as regards to that product or price is valid for the lesser of 30 days from the date of issue and the expiry of the applicable promotion, plus all applicable taxes.

(2) The price payable is the price specified in the Order Confirmation.

(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.

Payment

(1) Except as provided in Section 4(5) below and as Unless otherwise stipulated by Miele,

(a) for all purchases made online and all purchases of non-MCA Products, the full purchase price is due and payable at the time of order; and

(b) for purchases of MCA Products from a Miele authorized agent or a Miele Experience Centre:

(i) if the MCA Product has a tentative delivery date, a deposit of 25% is due and payable at the time of order with the balance due and payable at least 90 days preceding the delivery date;

(ii) if the MCA Product has a confirmed delivery date that is within 90 days of the delivery date, the full purchase price is due and payable at the time of order. 

(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 including the application of any applicable delivery fees.

(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) The accepted methods of payment for down payments of 25% at the point of sale are Amex, Visa or Mastercard credit cards. 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 equals or exceeds $15,000 before applicable taxes, method of payment for outstanding balance(s) is electronic payment only.

(5) Notwithstanding Section 4(4) above, Miele or a Miele authorized agent may offer third party financing for the purchase or down payment of certain Products on the terms made available to you at the time of the offer. If you elect to apply for financing through a Miele third party financing partner, the terms of that application and, if approved, the administration of the associated financing are between you and that financing partner. Miele and Miele’s authorized agents hereby disclaim any and all liability whatsoever as a result of or connection with such financing and you hereby acknowledge and agree that your sole recourse for claims, losses, damages or liabilities as a result of or connection with such financing is solely between you and the applicable financing partner.

Delivery

(1) The following applies to the purchase of MCA Products from a Miele authorized agent or a Miele Experience Centre.

(a) Miele will deliver your order to the location specified in the Order Confirmation, as applicable.

(b) 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.

(c) 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:

(i) at Miele's discretion, an equivalent or superior model is available, and you can agree to substitute such new model for a reasonable additional charge that Miele specifies; or

(ii) the model ordered is unavailable and this agreement thereby terminated.

(d) Acceptance by you of an equivalent or superior model in accordance with the above alters the Order Confirmation as appropriate. Failure to accept an offer for an equivalent or superior model within 5 business days of notification terminates this agreement as regards to the applicable product.

(e) 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.

(f) If delivery of the product, through no fault of Miele's, is not completed within the earlier of:

(i) 6 months of the requested delivery date, and

(ii) 3 years from the date of the order as specified in the Order Confirmation.

This agreement and your order are then automatically terminated. For clarity, in such circumstances you will be entitled to a refund of your deposit, if any, subject to the administration fee set out in Section 7(3)(a) below.

(g) In the event that any additional delivery is required, through no fault of Miele (for example you are not home during the scheduled delivery time), you may, at Miele’s discretion, be responsible to pay for any subsequent delivery at Miele's then current delivery rates.

(h) For more information on the delivery of MCA Products please see Appendix 3.

(2) The following applies to the purchase of non-MCA Products through Miele’s website.

(a) All purchases of products through Miele’s website will be delivered by Purolator or such other delivery provider selected by Miele from time to time. Once your purchase has been shipped, you’ll receive a shipment confirmation at the email address you provided identifying your shipment tracking number and the estimated date of delivery.

Price and Product Guarantee

(1) If you order an MCA Product, the availability of the MCA Product and the price for the product and any services specified on the Order Confirmation is conditional on you taking delivery of your order within eighteen (18) months of the date of the order (as specified on the applicable Order Confirmation). In the event you do not take delivery of the MCA Product within such eighteen (18) month period, you must provide a minimum of ninety (90) days prior written notice of your desired delivery date and, if at such time,:

(a) Miele does not have inventory of the product ordered, Miele will provide you the option of cancelling the order or, to the extent Miele has available inventory, upgrading the product to the new model of the product (if any) provided that you will be responsible for the price difference between the price specified on the Order Confirmation and the MRSP of the new model as well as confirming the specifications of the new model (such as any change in dimensions) are acceptable to you; and

(b) the MRSP of the product and/or service has increased, Miele will provide you the option of cancelling the order or purchasing the product and/or service at the new MRSP.

Cancellation, Product Returns or Exchanges

(1) Miele products ordered by you and either delivered to you or pending delivery may be returned to or exchanged by Miele only as provided for in this section.

(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 any applicable legal warranties. The Miele Standard Warranty is attached hereto or, if not attached, available from www.miele.ca.

(3) Subject to Section 7(5), and except to the extent otherwise required by applicable law (including in Québec if a warranty set out in the Consumer Protection Act (Québec) applies), return or exchange requests for Miele MCA Products for any reason other than as contemplated above, including product dissatisfaction or unsuitability and defects not covered by the Miele Standard Warranty, are subject to the following return policy:

(a) Orders Cancelled Prior to Delivery:

(i) Orders cancelled prior to shipping and within 30 days of order: Provided Miele has not commenced shipping the applicable product(s), you may cancel any order within 30 days of the order date and you will receive a full refund.

(ii) Orders cancelled prior to shipping, but after 30 days of order: Where Miele has not commenced shipping the applicable product(s), but 30 days or more has passed since the date of order, you may cancel your order provided that such cancellation is subject to an administrative fee of 5% of the deposit paid by you and/or minimum deposit due for applicable product(s) as indicated on your Order Confirmation.

(iii) Orders cancelled after shipping but prior to delivery: Once the product has been shipped, you may cancel an order for any undelivered product(s) provided that such cancellation is subject to a 5% cancellation fee (i.e., a fee representing 5% of the purchase price of the product, exclusive of applicable taxes) as indicated on your Order Confirmation.

(b) Delivered Products:

(i) Unopened and Delivered Products: If the product is unopened, you may return or exchange the product within 30 days of the date of delivery, provided that (i) such return or exchange will be subject to a 10% administration fee (i.e., a fee representing 10% of the purchase price of the product, exclusive of applicable taxes); and (ii) you will not receive a refund on any delivery charges paid for the delivery of the product.

(ii) Opened Products: If the product is opened but never used and never installed, you may return or exchange the product within 30 days of the date of delivery provided that (i) such return or exchange will be subject to a 10% restocking fee and a 10% administration fee (i.e., each such fee representing 10% of the purchase price of the product, exclusive of applicable taxes); and (ii) you will not receive a refund on any delivery charges paid for the delivery of the product.

(iii) Non-Returnable Products: Miele does not accept any returns or exchanges on products in the following circumstances:

(A) Products that have been used and/or installed; and/or

(B) If more than 30 days have passed since the product was delivered.

(4) Except to the extent otherwise required by applicable law, (including in Québec if a warranty set out in the Consumer Protection Act (Québec) applies), return or exchange requests for Miele vacuums (including accessories), free standing coffee makers and consumables for any reason other than as contemplated in (2)Section 7(2), including product dissatisfaction or unsuitability and defects not covered by the Miele Standard Warranty, are subject to the following return policy:

(a) Miele Vacuums and Free Standing Coffee Makers:

(i) Miele Vacuums (including accessories) and Free Standing Coffee Makers purchased from a Miele Experience Centre may be exchanged or returned to a Miele Experience Centre within 30 days of the date of purchase, provided that the product is undamaged and returned in its original box along with all original contents and the original receipt.

(ii) Miele Vacuums (including accessories) and Free Standing Coffee Makers purchased from Miele.ca may be exchanged or returned to a Miele Experience Centre within 30 days of the date of shipment or by calling Miele's Customer Care Centre at 1-800-565-6435, provided that the product is undamaged and returned in its original box along with all original contents and the original receipt.

Miele reserves the right to reject any request to return or exchange any Miele Vacuum or Free Standing Coffee Maker if the product is damaged or not returned in its original box along with all original contents.

(b) Miele CareCollection and Miele Care Products

(i) Unopened Miele CareCollection products and Miele Care Products (such as vacuum accessories, dishwasher tablets, coffee, toys, consumable, etc.) purchased from a Miele Experience Centre may be exchanged or returned to a Miele Experience Centre within 30 days of the date of purchase provided that the product is returned with the original receipt.

(ii) Unopened Miele CareCollection products and Miele Care Products (such as vacuum accessories, dishwasher tablets, coffee, toys, consumables, etc.) purchased from Miele.ca may be exchanged or returned to a Miele Experience Centre within 30 days of the date of shipment or by calling Miele's Customer Care Centre at 1-800-565-6435, provided that the product is returned with a copy of the receipt.

Except in the cases of defects, opened Miele CareCollection products and Miele Care Products may not be returned or exchanged.

(5) If this agreement, in respect of any MCA Product ordered, is terminated prior to delivery:

(a) for a cause directly attributable to Miele, including termination under Section 5(1)(b), Section 5(1)(c) or Section 5(1)(d); or

(b) before the lesser of (i) 24 hours after the time of order; and (ii) to the extent applicable, 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. Subject to your ordinary remedies at law, Miele will not, however, be liable for any interest or any other loss or damage resulting from termination.

(6) If this agreement, in respect of any product(s) ordered is modified prior to delivery for any reason, on the condition that the original order still remains active, there will be no fee for this change. In the case of a product change, the original pricing and/or promotion will no longer be valid, and the applicable pricing and/or promotion of the new product added to the order at time of change will be applicable.

(7) Notwithstanding the above, if you terminate this agreement as regards to a special order and/or a product to be designed or built to your specific specifications, all sums paid by you are forfeit.

 

Ownership and Risk

(1) Title to and risk of any loss of or damage to the product(s) you have purchased from Miele shall pass from Miele to you on the earlier of: (a) when such product(s) is/are unloaded and you take delivery thereof at the delivery point contemplated in the Order Confirmation; and (b) when you take possession of the products.

 

Warranty

(1) The warranties available to the Miele products purchased by you are those limited warranties (i) contained in the Miele Standard Warranty attached hereto as Appendix 1 or, if not attached, as available from www.miele.ca and (ii) contained in the Miele Extended Warranty attached hereto as Appendix 2, if you purchased the Miele Extended Warranty for an additional fee. A copy of the Miele Extended Warranty is available from www.miele.ca.

The following provision is inapplicable in Québec to Québec residents to whom the Quebec Consumer Protection Act applies.

(2) THE EXPRESS WARRANTIES CONTEMPLATED 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. MIELE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS NOT EXPRESSLY CONTEMPLATED HEREIN.

(3) For clarity, subscribing to a service maintenance program does not entitle you to coverage under the Miele Extended Warranty, which must be purchased separately.

 

Privacy

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 laws.

 

Limitation of Liability

The following provision is inapplicable in Québec to Québec residents to whom the Quebec Consumer Protection Act applies.

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.

 

Governing Law

This agreement 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.

 

Miscellaneous

(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.

(2) This agreement shall be binding upon and ensure 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.

(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.

(4) To the extent any promotional terms and conditions apply to your purchase, such promotional terms and conditions shall take precedence over these Terms and Conditions of Sale in case of a conflict. Where there is no conflict, these Terms and Conditions of Sale will apply in addition to the promotional terms and conditions.

(5) In any action to enforce this agreement, Miele shall, in addition to any other relief, be entitled to reasonable legal fees.

(6) The headings in this agreement are for purposes of reference only and shall not affect the meaning hereof.

APPENDIX 1

MIELE LIMITED WARRANTY

The following warranty conditions are valid in Canada only.

Miele Limited, (hereinafter "Miele") warrants, subject to the applicable time periods stipulated below, to the original purchaser that this product, including all of its Miele authorized parts and accessories, is free of defects in material and workmanship.

Section 1 Duration of Warranty

(1) 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) 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. 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:

(A) within five (5) years from the date of purchase, then such defect shall be repaired at no cost to you (including parts & labour) ; or

(B) after the fifth (5th) year anniversary, but prior to the tenth (10th) year anniversary of 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.

(ii) Extended Warranty does not apply for any appliance in commercial use.

(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,. 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 authorized agents:

(i) One (1) year. Parts and labour.

Commencement Date: Warranty coverage begins on the date of delivery or pickup, as applicable, unless installed by Miele and only within a maximum of 6 months from delivery date. If a product under warranty is replaced by Miele, the original warranty period is not extended but continues from the date of original delivery or pickup, as applicable. Notwithstanding the foregoing, in the event the appliance is installed by a Miele Certified installer, warranty coverage begins on the date of Miele Installation, however no later than 6 months after the delivery date.

Warranty Preconditions

(1) Miele assumes warranty responsibility subject to the following preconditions having been fulfilled:

(a) The product was purchased from Miele or an authorized Miele Agent/Dealer in Canada;

(b) If applicable, the product was installed in accordance with applicable Miele installation instructions; and

(c) The product is located in Canada.

(2) Warranty claims will only be honoured if any failure to conform to this warranty is reported in writing and the product is shipped together with proof of shipping date and purchase date to Miele or to a Miele authorized dealer/agent, as applicable, within the time period stated in Section 1 above.

Extent of Warranty

In the event of defect in material or workmanship occurring within the applicable time period stated 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.

Exclusions

(1) 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.

Ordinary Wear and Tear

Ordinary wear and tear shall not be considered a defect in workmanship or materials.

Limitation of Liability

The following provisions are inapplicable in Québec to Québec residents to whom the Quebec Consumer Protection Act applies.

(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 representations, warranties and/or conditions 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.

(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.

Special Provincial Laws

(1) 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.

Customer Care

(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: customercare@miele.ca

(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 ("Remote Area"), you will 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.

(3) For a current map of Remote Areas see: [NTD LINK]

Miele Limited
Headquarters and Showroom
161 Four Valley Drive
Vaughan, Ontario
L4K 4V8 Canada
Phone: 1-800-565-6435
www.miele.ca
customercare@miele.ca
professional@miele.ca (commercial enquiries)

APPENDIX 2

NOTICE CONCERNING THE LEGAL WARRANTY

For Quebec residents, the Quebec Consumer Protection Act gives a warranty on all goods you purchase or lease from a merchant. Specifically, the goods must be usable:

(1) for the purposes for which they are ordinarily used; and

(2) in normal use for a reasonable length of time, which may vary according to the price paid, the terms of the contract and the conditions of use.

For more information on this legal warranty, go to the website of the Office de la protection du consommateur at www.opc.gouv.qc.ca.

MIELE EXTENDED WARRANTY

Section 1 Duration and start of coverage 

(1) Miele Canada, 161 Four Valley Dr, Vaughan ON L4K 4V8, grants a 1-year warranty from the date you receive the unit. With the Extended Warranty, Miele Canada covers the cost of repairs for further four or  nine years immediately after the warranty period. The validity period is shown on the front of the policy document.

(2) An existing Extended Warranty for five (5) years can be extended to ten (10) years within its period of coverage. An additional 125-week Extended Warranty can be extended to ten (10) years within its period of coverage. To purchase please contact Miele Customer Service.

(3) Miele is entitled to carry out price adjustments at any time. When purchasing an Extended Warranty, the prices from the price list valid at the time of closure apply. Price changes to the Extended Warranty for one year can be noted from the annual invoice. All prices include the statutory value added tax.

(4) The policy document will be provided by e-mail.

(5) Repair of the appliance or the provision of spare parts does not extend the period of the contract.

Conditions 

(1) The appliance has been purchased from an authorized specialist retailer or directly from Miele in Canada.

(2) At time of purchase of the Extended Warranty, location of the unit is within Canada.

(3) The policy document is only valid for one specific Miele appliance in each case and is non-transferable.

(4) If the ownership of the appliance changes or if the owner moves to a different address, Miele must be informed so that the policy document remains valid.

(5) The policy document must be registered and taken out within the appliance’s 1-year warranty period. The Extended Warranty for one year can also be obtained directly after a service visit by a Miele technician on units no older than ten (10) years.

(6) Services within the scope of the Extended Warranty may only be performed by Miele Customer Service or a service agent authorised by Miele Canada. Miele Customer Service can be contacted via miele.ca/contact-us.

(7) If requested by Miele, the purchase receipt and the policy document are to be shown.

(8) If the customer is not entitled to a claim under the Extended Warranty, the costs of repairs and other services rendered (e.g., inspection of the device) will be invoiced according to the applicable rates.

(9) A unit with policy document is for non-commercial use only.

(10) The Extended Warranty is not available for coffee makers, ProfiLine dishwashers, Little Giants and Miele Professional appliances. Special service offers apply for these devices.

 

Coverage and range

(1) Appliance defects will be remedied free-of-charge within a reasonable period through either repair or the replacement of the affected parts. All travel costs, call-out charges, labour, and spares costs will be assumed by Miele Canada. Exchange parts or appliances become the property of Miele Canada.

(2) If the appliance is beyond economic repair or if repair is impossible, the customer will be provided with an identical or equivalent new appliance. With a replacement appliance, communication (connectivity) with other appliances and the existing domestic system cannot be guaranteed. Alternatively, if requested, the appropriate current market value of the appliance may be reimbursed. If the current market value of the appliance is reimbursed by Miele, the policy document becomes invalid. If the appliance is replaced, the remaining period of coverage provided by the policy document is transferred to the new unit.

(3) The Extended Warranty does not cover any further claims for damage against Miele Canada, except in cases resulting from gross or willful negligence on the part of the technical service agent commissioned by Miele Canada or liability resulting from fatal injury, physical injury, or damage to health. This Section 3.3 does not apply to consumers to whom the Québec Consumer Protection Act applies.

(4) The provision of consumables and accessories is not covered by this agreement.

Limitations

The Extended Warranty will not cover costs for repairs where a fault is due to the following:

(1) Improper installation, e.g., non-compliance with relevant safety regulations and written operating and installation instructions.

(2) Improper use and operation, such as the use of unsuitable detergents or chemicals as well as damage caused by the intake of fluids, construction dust or toner.

(3) External factors such as damage caused through transportation, impact and jolting, inclement environmental conditions, or natural phenomena.

(4) Repairs or modifications not performed by service agents trained and authorised by Miele.

(5) Damage to non-standard accessories and the failure to use genuine Miele spare parts or accessories authorised by Miele.

(6) Glass breakage and defective lamps.

(7) Fluctuations in power supply conditions, which exceed the tolerances stated by the manufacturer.

(8) Failure to perform cleaning and care work in compliance with the operating instructions.

(9) Usage-related and natural wear and tear, such as the decreasing load performance of accumulators and components that, according to the operating instructions, must be replaced regularly during the product life cycle.

Data Protection

In the context of the fulfilment of customer services, Miele collects and processes personal data. For more information about the processing of your personal data, please see our privacy policy at [miele.ca/privacy-policy].

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Miele Canada, 161 Four Valley Dr, Vaughan ON L4K 4V8, phone: 1-800-565-6435, email: customercare@miele.ca) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by mail or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount, which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

Model withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

— To Miele Canada, 161 Four Valley Dr, Vaughan ON L4K 4V8, phone: 1-800-565-6435, email: customercare@miele.ca:

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*),

— Ordered on (*) / Received on (*),

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

(*) Delete as appropriate.

 

APPENDIX 3

MIELE DELIVERY POLICY

Section 1 Warehousing and Stock

(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.

Miele's Direct Home Delivery Service

(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) Where you are eligible for Direct Home Delivery Service, Miele will:

(a) contact you 12 to 24 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;

(b) ensure all of its delivery and installation staff are properly trained and clearly identified as "Miele Authorized Delivery Service".

(c) take all reasonable precautions to avoid damaging your property, including having delivery staff or agents:

(i) wear approved safety footwear at all times for health and safety reasons;

(ii) using proper delivery equipment;

(iii) using floor coverings and pads; and

(iv) using any other means deemed reasonably necessary by Miele to reduce the risk of damage to your property or the product.

(d) instruct its delivery staff to place the product in the area requested by you provided such request is reasonable; and

(e) if requested, remove and dispose of all packing materials at time of delivery 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 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.

(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.

(4) In the event where the scheduled delivery is not cancelled directly with Miele by at least 8am of the day of delivery, you will be charged the amount outlined in the order confirmation for the intended delivery and , in Québec, the amount permitted by law. In addition, you will be charged the equivalent amount for any subsequent delivery.

Removal and Disposal of Old Appliances

(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 personnel or Miele determine, in their sole discretion that an old appliance should not be moved by Miele for whatever reason, Miele reserves the right not to move any old appliance.

(2) Provided that the old appliance can be moved without damaging your property and if you have selected to purchase this service from Miele, Miele will dispose of the old appliance subject to the then current charges disclosed to you at the time of purchase.

Laundry Installation

(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.

Force Majeure

(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 provision shall apply even if a Force Majeure occurs after a prior delay from another cause or causes.

(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.

(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.

Effective January 1, 2012

Updated, 2022