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Terms and Conditions of Sale
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.
1. 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;
2. 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.
3. 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.
4. 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 more than 15 days from the time of order, in which case a
deposit of 20% is due and payable at the time of order with the balance due
and payable preceding the 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.
5. 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.
6. 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.
7. 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
20% of the price.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
14.6 This agreement and any documents relating thereto have
been prepared in the English language at the express request of the parties. Les
parties exigent, et par les presentes, conferment leur demande, que ce
contrat et tous les documents y afferents soient rediges en englais
seulement.
15. 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.
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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 it’s Miele authorized parts and accessories, is free
of defects in material and workmanship.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. Ordinary
Wear and Tear
Ordinary
wear and tear shall not be considered a defect in workmanship or materials.
7. 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.
8. 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.
9. 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: customercare@miele.ca
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
customercare@miele.ca
professional@miele.ca (commercial enquiries)
MieleCare National
Service
Phone: 1-800-565-6435 /
(905) 532-2272
Fax: (905) 535-2292
customercare@miele.ca (general and technical enquiries)
APPENDIX 2
MIELE EXTENDED WARRANTY
1. 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.
2. Coverage
The coverage period for
the 5 Year Total Extended Care Certificate are 4 years and the coverage period
for the 10 Year Total Extended Care Certificate 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.
3. 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: customercare@miele.ca
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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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
1. 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.
2. 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 for any subsequent
delivery at a rate determined by Miele;
(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.
3. 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.
4. 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.
5. 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.
Miele Customer Service Policy –
Accessibility for Ontarians with
Disabilities
I PURPOSE
The Accessibility for
Ontarians Act, 2005 (AODA), has as its stated purpose: to achieve accessibility for Ontarians with
Disabilities with respect to goods, services, facilities, accommodation,
employment, buildings, structures and premises on or before January 1, 2025
This policy applies to Miele staff who deal with the public
or other third parties as persons involved in developing policies, procedures
and practices pertaining to the provision of goods and services to the public
or other third parties, whether they do so as employees, volunteers, agents
(Service Providers) or otherwise
II POLICY STATEMENT
In accordance with the Accessibility for Ontarians with
Disabilities, Accessibility Standards for Customer Service, Miele is committed
to providing a working and learning environment that is accessible and
inclusive to all persons who work or visit the Company. It is the policy of Miele Ltd that its
working environment will be free from discrimination and harassment as defined
by the Ontario Human Rights Code.
III GENERAL
PRINCIPLES
The
Provision of Goods and Services to Persons with Disabilities:
Miele
Ltd will strive to ensure that its policies, practices and procedures are
consistent with the following core principles as outlined in the AODA.
Dignity
– Goods and services are provided in a manner that is respectful to persons
with a disability and does not diminish the person’s importance.
Independence
– Accommodating a person’s disability means respecting their right
to do for themselves and to choose the way they wish to receive goods and
services.
Integration
– Persons with disabilities can access all goods and services. This may require alternative formats and
flexible approaches. It means
inclusiveness and full participation.
This is a fundamental human right.
Equal
Opportunity – Service is provided to persons with
disabilities in a way that their opportunity to access goods and services is
equal to that given to others.
IV COMPONENTS OF
THE POLICY
1.
Communication
with Persons of Disabilities
When communicating with a person with a disability, the
Company will do so in a manner that takes into account the person’s disability. Miele commits to provide training on customer
service to all current and future employees and volunteers. This training will, in particular, include
how to interact and communicate with persons with various types of
disabilities.
2.
Notice
of Planned or Unplanned Disruption in Services and Facilities
In the event of planned or unexpected disruption to services
or facilities for customers with disabilities (i.e. Galleries, Offices,
distribution center, special venues and Unboxed), Miele Ltd will notify
customers promptly. This clearly posted
notice will include information about the reason for the disruption, its
anticipated length of time, and a description of alternative facilities or
services, if available.
The notice will be placed on the front door of our Gallery,
Distribution Center, special venues and Unboxed facility. Should the disruption be expected to last
more than 48 hours, the notice will appear on our website: www.miele.ca
under the “Experience Miele Galleries” tab under “Toronto Important
Announcements”.
3.
Assistive
Devices
Personal assistive technologies are permitted and
unrestricted in all Miele facilities.
Miele will ensure that our staff are trained and familiar with various
assistive devices that may be used by customers with disabilities while
accessing our good or services.
4.
Service
Animals
We welcome people with disabilities and their service
animals. Service animals are allowed on
the parts of our premises that are open to the public. There may be rare circumstances where, for
reasons of health and safety of another person, allowing a person with a
disability to enter a premise accompanied by a service animal needs to be
considered. Examples of such situations
include but are not limited to: a) our Professional Showroom, where chemicals
and/or equipment present hazards to other persons and/or to the service animal;
b) where a person is allergic to animals and adversely affected if they are in
close proximity to a service animal; c) our Prep kitchen, Active kitchen and
special venues where food is being cooked and served.
If a service animal is excluded due to rare circumstances,
Miele will ensure that alternate means are available within reasonable time and
location to provide persons with a disability access to Company services.
If it is not readily apparent that an animal is a service
animal, a Miele Ambassador may ask the person with the service animal to
provide verification of the animal’s duty.
It should be noted that the use and safety of the service animal is the
responsibility of the person with a disability.
5.
Support
Persons
Miele Ltd welcomes visitors who are accompanied by a support
person, when the support person has been hired or chosen by the person with a
disability to accompany them in order to assist in accessing goods or services
and/or for the purposes of providing support with mobility, personal assistance
and/or communication.
If attending a Miele sponsored cooking event at our Gallery
or special venue, a fee will not be charged for the support person if the
support person would like to participate, however if a person with a disability
is registering for an event, they must disclose that they will be accompanied
by a support person at the time of registration. If a person with a disability does not
disclose that they will be accompanied by a support person and show up at an
event with a support person, then the support person will not be able to
participate in the cooking event, however will be allowed to accompany the
person with the disability to provide support during the event. This will be
posted on our website under the “Miele Culinary Institute” tab under the
“Toronto Registration Requirements.”
If attending an event at a Miele Gallery or Special venue
sponsored by a third party company, a fee may be required for the support
person as per the third party registration requirements. The person with the disability is responsible
for inquiring about fee requirements with the third party vendor.
6.
Feedback
Process
Feedback about the delivery of services to persons with
disabilities is welcomed, as it may identify areas that require change and
assist in continuous service improvement.
Such feedback may be by fax, in person, in writing, or by delivering an
electronic text via email, on diskette or otherwise. Miele Ltd will make best efforts to provide a
response in the same format in which the feedback was received.
Where possible, feedback will be addressed immediately. Some feedback may, however, require more
effort to address and may need to be reviewed before an action is taken. Miele Ltd will respond within 10 working
days.
Feedback may be provided directly to:
Human Resources
Department
Miele
Ltd.
161 Four Valley Drive
Vaughan, ON L4K 4V8
Fax:
416-532-2290
Email:
hr@miele.ca
7.
Training
for Staff
Miele Ltd., will provide training to employees, volunteers
and others who deal with the public or other third parties on their behalf.
Such training will include:
·
A review of the purposes of
the AODA and the requirements of the Accessibility Standards for Customer
Service;
·
How to interact and
communicate with persons with various types of disabilities;
·
How to interact with persons
with disabilities who use an assistive device or require the assistance of a
service animal or a support person;
·
How to use the available
equipment or devices that may assist with the provision of services to persons
with disabilities;
·
What to do if a person with
a disability is having difficulty in accessing Miele’s good and services.
Documentation of training of employees, volunteers and others
who deal with the public or other third parties on their behalf, shall be
maintained by the relevant department and submitted to the Diversity &
Equity Office, as required by law.
Training will be provided as changes are made to our plan.
8.
Availability
and Format of Documents (Alternative Formats)
All documents required by the Accessibility Standards for
Customer Service, including Miele’s Accessible Customer Service Policy, notices
of temporary disruptions, training records, and written feedback process are
available upon request, subject to the Freedom of Information and Protection of
Privacy Act. When providing these documents
to a person with a disability, Miele will endeavour to provide the document, or
the information contained in the document, in a format that takes the person’s
disability into account.
Notice of the availability of documents required by the Accessibility
Standards for Customer Service will be posted on the Miele website.