Terms & Conditions

1. Scope and Definitions

1.1. In these Terms and Conditions “BSH” means BSH Home Appliances Corporation and all its brands licensed in the United States, having its corporate offices at Irvine, CA. “Customer” means you, the purchasing employee customer. “Product” means any Product. Parts and “Service” means any chargeable or other services (excluding warranty and telephone support services) listed in the quotation (“Quotation”) sent to Customer by BSH, which BSH agrees to supply to Customer in these Terms and Conditions. “Channel” means the methods through which Customers can acquire Product, Parts and Service.

1.2. By purchasing Product online, the Customer agrees with BSH’s Terms and Conditions applicable to this sale of Product, Parts and/or Services, then those terms and conditions (“Specific Terms and Conditions”) shall apply to this sale of Product, Parts and/or Services. In the event of a contradiction, the Specific Terms and Conditions shall prevail. If no Specific Terms and Conditions exist, then the Terms and Conditions contained herein – including any information made available via a hyperlink herein (together “Terms and Conditions”) shall apply to all Quotations made by BSH and shall therefore constitute a sales agreement (“Agreement”) entered into between BSH and Customer, irrespective of whether Customer accepts these Terms and Conditions by a written acknowledgement, by implication, or by acceptance of Products, Parts and/or Services hereunder. The Terms and Conditions shall form a part of any order placed by Customer (“Order”). Any term or condition on any Order or other document submitted by Customer shall be of no force or effect whatsoever. In particular, acceptance by BSH of an Order sent by Customer shall not be deemed an acceptance of any conflicting or additional terms and conditions contained thereon. BSH specifically rejects any different or additional terms and conditions proposed by Customer, unless those terms and conditions are mutually agreed to in writing in accordance with clause 18.1.

2. Orders

2.1. All Product orders must be placed online to be accepted by BSH. BSH does not accept orders for shipments outside the continental U.S.

BSH DOES NOT SHIP TO ANY LOCATION OUTSIDE THE CONTINENTIAL UNITED STATES.

2.2. By placing an Order, Customer makes an offer to BSH to purchase the Products, Parts and/or Services. Any order shall be subject to acceptance by BSH and BSH may decline any Order in whole or in part, for any reason whatsoever in its sole discretion. If BSH accepts Customer’s Order, BSH will notify Customer of its acceptance with an Order Confirmation transmitted by any available and reasonable means.

2.3. While BSH will make every effort to supply Customer with the Product(s), Part(s) and/or Services listed on the Order Confirmation, there may be occasions when BSH is unable to supply these Products, Parts and/or Services because, for example, (i) such Products, Parts or Services are no longer being manufactured or available, (ii) BSH is unable to source relevant components or (iii) there was a pricing error. In such circumstances BSH will contact Customer and may suggest alternative Products, Parts, or Services that Customer may wish to purchase (at the same or different price). In the event of a pricing error, BSH will communicate the correct price to Customer. If Customer does not accept BSH’s proposed substitution or the price modification, then BSH will cancel the Order and refund any monies that Customer may have paid to BSH with respect to the Product Order. Subject to clause 16.5, repayment of such monies will be the extent of BSH’s liability to Customer if BSH is unable to deliver Products, Parts and/or Services ordered by Customer. Once BSH has sent the Order Confirmation to Customer, Customer may not cancel the Order.

3. Delivery and Shipment

3.1. Subject to these Terms and Conditions, BSH will supply to Customer the Products, Parts and/or Services indicated on the Order Confirmation.

3.2. Delivery dates which may be specified in the Order, the Order Confirmation, or in any other communication from BSH (whether oral or in writing) are estimates only.

3.3. BSH may make partial shipments of Customer Order, which will be separately invoiced and paid for when due. Any delay in the delivery of any shipment will not relieve Customer of its obligation to accept the remaining deliveries. BSH shall not be liable for any failure to ship complete orders or for any shipment delay.

3.4. Storage fees: Deliveries scheduled beyond the two-week window provided will result in additional storage fee of $10 per calendar day. Redelivery fees: Customer shall be subject to a redelivery fee of $113 in the event that customer fails to be available at the appointed scheduled time, amount is subject to change by BSH.

3.5. 3.5 BSH will use commercially reasonable efforts to expedite your order and have it fulfilled as soon as possible. In most cases, depending on Product availability, orders received before 10:00 a.m. at the applicable BSH warehouse location will be processed the next business day. In any event, Product Orders are only fulfilled on an AS-AVAILABLE BASIS, AND BSH MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES ON THE AVAILABLITY OF PRODUCTS. Method(s) of shipping shall be determined in BSH’s sole discretion. Parts are provided on a functionality basis only. Cosmetic features such as colors or surface textures may not match the product or model you have. This functional disclaimer does not apply to accessories. The manufacturer’s part warranty applies to accessories, whether manufactured by a third party or BSH.

4. Return of Shipped Products

4.1. Please open and inspect your shipment immediately upon receipt. If your order has been damaged or is incorrect, please call us immediately.

4.2. Parts & Accessories for Large Appliances

4.2.1. To return Merchandise damaged in shipment or incorrect order: You must call BSH/Bosch at 1-800-944-2904 for instructions on how to handle this order no later than ten (10) days after receipt of the order. BSH/Bosch may require the creation of a Return Authorization (RA) to return the Merchandise. In this case, mail the Merchandise to BSH/Bosch with the RA Number written on the package. If an RA Number is not required, dispose of the damaged Merchandise properly. Credit will be issued approximately three (3) days after BSH/Bosch has reviewed and approved the return (credit may not show up on your credit card statement for 1-2 billing cycles).

4.2.2. For all other return Merchandise: You must call BSH/Bosch at 1-800-944-2904 to receive a Return Authorization (RA) Number no later than sixty (60) days after receipt of the order. Merchandise must be in its original packaging, undamaged, and unused. Credit will be issued approximately three (3) days after BSH has reviewed and approved of the return (credit may not show up on your credit card statement for 1-2 billing cycles). BSH/Bosch will not accept the return of electrical parts and components if the packaging is opened and/or not in its original packaging.

4.3. Large & Small Appliances

4.3.1. For Instructions on how to return your purchases from Bosch Home Appliances website, please see Return Policy page.

4.4. Credit will be issued to the original form of payment within 10 business days after the product is received, inspected and the condition of the return product is verified. Actual time for credit to appear will vary on the type of credit card used, and by the credit card issuer.

5. Risk and Title

5.1. Unless otherwise notified by BSH in writing, title to and the right to retake possession of the Product purchased from BSH shall remain with BSH until all sums owning to it by Customer with respect of the Product has been paid in full. BSH may, at Customer’s expense, retake possession of the Product for nonpayment. For that purpose only, Customer grants BSH, or any party representing or elected by BSH to act on its behalf, an irrevocable license to enter the premises where the Products then are, and, at BSH’s option in so doing, act in the name of Customer. So long as such title to and rights over Products remains with BSH, Customer shall keep the Products stored in such a manner which enables them to be identified as the Products and, whenever required by BSH, identify the Products to BSH.

5.2. Risk of loss or damage to all Product hereunder will pass to Customer upon BSH’s delivery of the Product to the carrier.

5.3. Unless otherwise notified by BSH, the following shall apply. For Products shipped pursuant to BSH’s standard practices in all but the last two (2) weeks of every BSH fiscal quarter, BSH shall issue credits or replace Products lost in transit or returned due to damage in transit. For Products shipped pursuant to BSH’s standard practices in the last two (2) weeks of every BSH fiscal quarter, BSH shall not issue credit or replace Products lost or damaged in transit. Instead, BSH shall provide third-party insurance for transit damaged or lost Products with Customer named as loss payee. When not shipping Products pursuant to BSH’s standard practices, but instead shipping via a carrier selected by Customer, BSH shall not issue credit or replace Products lost or damaged in transit. Customer shall maintain insurance for the Products after delivery to Customer by carrier to the full replacement value of the Products and shall note BSH’s interest on the policy until the Products are paid in full.

6. Acceptance

6.1. Unless otherwise agreed to in writing, all shipments (which for the purpose of this clause shall be deemed to include the contents of packaged Products as well as the packages themselves and the number of packages) shall be deemed correct and undamaged unless at the time of delivery Customer specifies on BSH’s copy of the delivery documentation the precise shortfall or error in delivery or inform BSH of such shortfall or error in writing within fourteen (14) days after the original delivery date of the given shipment. Customer’s failure to inform BSH in this way shall constitute a waiver of any such claim. All communications with BSH must include the single Order Number provided in BSH’s Order Confirmation, and the exact nature of the discrepancy between the Order and shipment in number or type of Product shipped. For under-shipments, BSH shall, at its sole discretion, issue a replacement shipment or a credit to Customer’s account, if BSH has granted credit terms to Customer, within thirty (30) days of receipt of Customer’s written notice.

7. Price

7.1. The price of the Product, Parts and/or Services will be the price indicated in the Order Confirmation. Prices include standard freight and insurance using a BSH-selected carrier.

7.2. Prices do not include value added tax or other local taxes or duties (collectively “Taxes”). All Taxes, if any, due on account of purchases hereunder shall be paid by Customer.

8. Payment

8.1. All Orders shall be paid in full in the currency stated without deduction prior to shipment. Payment can be made via MasterCard, Visa, or American Express. All available means of payment are indicated on the web site during the checkout process.

8.2. When using your credit card for transactions with BSH/Bosch/Thermador/Gaggenau, a temporary authorization hold will be placed on your card. This hold will be in the amount of your purchase, plus an additional $1.

For example, if your transaction total is 50.00, your card will show an authorization hold of $51.00. This is a standard practice to ensure that funds are available for the purchase and will typically be released back to your account within a few business days, depending on your bank's processing policies.

9. Data Protection

9.1. By placing an Order, Customer agrees and understands that BSH may store, process and use data collected from Customer’s Order form or phone/fax/email communications for the purposes of processing the Order. BSH may also share such data globally within the BSH group of companies. All BSH companies shall protect Customer’s information in accordance with the BSH Customer Privacy Policy located at – https://www.bosch-home.com/us/about/imprint/privacypolicy

9.2. BSH works with various companies that assist BSH in providing Product, Parts and/or Services to Customer. Customer information may be shared with these partners in the interest of providing Customer the best service possible.

9.3. If Customer wishes to have access to the information that BSH holds concerning Customer, or wants to make any changes, or does not want to receive information from BSH or third party companies, Customer is required to contact BSH.

10. Proprietary Rights

Customer shall not use BSH’s, or any of its brands (Bosch, Thermador, Gaggenau and Siemens) name, logo, trademarks, trade names, trade dress, design, look and feel or other proprietary rights (together “Proprietary Rights”) in any manner whatsoever or for any purpose without the prior written permission of BSH. Customer must not remove, obfuscate, deface, cover or alter any BSH mark or other mark nor add any BSH mark or other mark to any materials provided by BSH, nor to any Product or its packaging. Neither Customer nor its agents may register or use any trademark that may cause confusion with BSH Proprietary Rights.

11. Export Control

BSH does not allow any of the Products to be exported outside of the United States.

12. Warning! – Safety Concerns & Warranty Exclusions

For safety and property damage concerns, BSH highly recommends that you do not attempt to repair BSH products yourself, or use an non-authorized service provider; BSH will have no responsibility or liability for repairs or work performed by a non-authorized service provider. Authorized service providers are those persons or companies that have been specially trained on BSH products, and who possess, in BSH’s opinion, a superior reputation for customer service and technical ability (note that they are independent entities and are not agents, partners, affiliates or representatives of BSH). BSH recommends that you review the terms and conditions of your product warranty before ordering any parts; you may have a warranty or extended warranty in effect that may apply.

DISCLAIMER OF LIABILITY: YOU ASSUME ALL RISK AND LIABILITY IF YOU DECIDE TO WORK ON YOUR BSH PRODUCT YOURSELF. IN NO EVENT SHALL BSH BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING SPECIAL, PUNITIVE, CONSEQUENTIAL, DIRECT OR INDIRECT NOR FOR ANY "ACT OF GOD", WHETHER OR NOT FORESEEABLE, NOR SHALL BSH BE LIABLE FOR ANY ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION THOSE OF AN INSTALLER, DEALER OR SERVICER.

13. Warranty

See the following links for general warranty coverage information. Please see the Statement of Limited Warranty contained in the Products’ Use & Care Guide or the Statement of Limited Product Warranty booklet for detailed warranty information on each Product.

13.1. Bosch Appliances Warranty information: https://www.bosch-home.com/us/owner-support/warranty-information

13.2. Thermador Appliances Warranty Information: https://www.thermador.com/support/warranties

13.3. Gaggenau Appliances Warranty Information: http://resources.gaggenau.com/us/

13.4. BSH SHALL PROVIDE A LIMITED WARRANTY FOR 365 DAYS ON ALL "DEFECTIVE" MATERIALS AND WORKMANSHIP FOR PARTS PROVIDED HEREUNDER, SOLELY LIMITED TO A REPAIR OR REPLACEMENT REMEDY OF THE PART ITSELF (THIS LIMITED WARRANTY DOES NOT EXTEND YOUR STANDARD PRODUCT WARRANTY IN ANY WAY, AND ALL STANDARD RESTRICTIONS SUCH AS CUSTOMER ABUSE/MISUSE OR THIRD-PARTY DAMAGE APPLY). TO THE EXTENT ALLOWED BY LAW, THIS WARRANTY SETS OUT YOUR EXCLUSIVE REMEDIES WITH RESPECT TO THE PART, WHETHER THE CLAIM ARISES IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY, OR NEGLIGENCE) OR OTHERWISE. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED. ANY WARRANTY IMPLIED 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 EFFECTIVE. IN NO EVENT WILL THE MANUFACTURER BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, "BUSINESS LOSS", AND/OR PUNITIVE DAMAGES, LOSSES, OR EXPENSES, INCLUDING WITHOUT LIMITATION TIME AWAY FROM WORK, HOTELS AND/OR RESTAURANT MEALS, REMODELLING EXPENSES IN EXCESS OF DIRECT DAMAGES WHICH ARE DEFINITIVELY CAUSED EXCLUSIVELY BY BSH, OR OTHERWISE THE PRODUCT, OR OTHERWISE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSIONS OR 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.

THE MANUFACTURER'S WARRANTY SHALL APPLY TO ANY PART NOT MANUFACTURED BY BSH.

13.5. BSH MAKES NO WARRANTY OR REPRESENTATION, AND SHALL NOT BE DEEMED TO HAVE MADE ANY OTHER WARRANTY OR REPRESENTATION, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILTY. IN ANY EVENT, ANY WARRANTY IMPOSED AT LAW SHALL NOT BE EFFECTIVE FOR A PERIOD OF TIME LONGER THAN THE STANDARD APPLICABLE PRODUCT WARRANTY.

13.6. BSH recommends that you review the Statement of Limited Product Warranty before ordering any Product or part.

13.7. IN NO EVENT WHATSOEVER SHALL BSH BE LIABLE TO YOU OR YOUR FAMILY OR TO ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING SPECIAL, PUNITIVE, CONSEQUENTIAL, DIRECT OR INDIRECT, NOR FOR ANY “ACT OF GOD”, WHETHER OR NOT FORESEEABLE, NOR SHALL BSH BE LIABLE FOR ANY ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION THOSE OF AN INSTALLER, DEALER OR SERVICER.

13.8.

14. Telephone Support

14.1. Order status, availability and pricing: 800-944-2904

14.2. Customer Support, Parts, Installation Information, and Product Service:

Bosch: 800-944-2904

Thermador: 800-735-4328

Gaggenau: 877-442-4436

15. Limitation of Liability

15.1. These Terms and Conditions set out the full extent of BSH’s obligations and liabilities with respect to the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.

15.2. There are no warranties, conditions or other terms that are binding on BSH except as expressly stated in these Terms and Conditions.

15.3. The maximum aggregate liability of either party to the other on all claims of any kind under or related to this Agreement, whether in contract, warranty, condition, tort, strict liability, statute, or otherwise, SHALL BE LIMITED TO THE SUM PAID TO BSH FOR THE PRODUCT OR SERVICE IN QUESTION. IN NO EVENT SHALL ANY RECOVERY, WHETHER BASED ON A SINGLE CLAIM OR MULTIPLE CLAIMS, EXCEED ONE HUNDRED THOUSAND DOLLARS (US $100,000).

15.4. IN NO EVENT WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, CONDITION, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTIAL, OR INDIRECT DAMAGES (INCLUDING LOST BUSINESS PROFITS OR REVEUE, LOSS OF CONTRACT, INTERRUPTION IN USE, OR THE COST OF THE PROCUREMENT OF SUBSTITUTE GOODS) OR FOR PUNITIVE OR EXEMPLARY DAMAGES. The limitations set forth in clauses 15.3 and 15.4 shall not apply to (i) any claim by BSH against Customer for violation of intellectual property rights, or (ii) for payment of the amount due to BSH by Customer for Product(s) and Services purchased under the Agreement. TO THE EXTENT ALLOWED BY LAW, THE REMEDIES SET FORTH IN THIS AGREEMENT WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIM AGAINST BSH UNDER OR RELATED TO THIS AGREEMENT. Customer waives and relinquishes any right or claim that might arise out of BSH’s refusal to accept Customer’s Order.

15.5. Any warranty, condition or other terms concerning the Product or Services which might otherwise be implied into or incorporated into this Agreement by statute, common law, laws applicable in the state where Customer purchased the Product or Services or otherwise (including without limitation any implied warranty as to quality, fitness for a particular purpose, or merchantability) are hereby expressly excluded to the maximum extent permitted by law.

16. Product Specifications

It is Customer’s responsibility to have and provide accurate information on your Product and to determine the proper merchandise you may need or desire to order. At a minimum, you will need the Product’s model number and brand name. The database you have entered is a global database, and exact specifications and product information are critical in order for BSH to properly assist you.

17. Governing Law / Jurisdiction

18.1 This Agreement shall in all respects be governed by and interpreted under the laws of the State of North Carolina and the parties submit to the exclusive jurisdiction of the courts of the State of North Carolina, Craven County without giving effect to its conflicts of law principles, including without limitation its validity, interpretation, construction, performance, enforcement and all other matters arising out of or in relation hereto, and all the transactions it contemplates. Notwithstanding the foregoing, BSH reserves the right to institute proceedings against Customer in the courts having jurisdiction in the place where Customer resides or in any jurisdiction where any harm to BSH has occurred.

18. General Terms

18.1. Force Majeure – Other than for the requirement to make payment when due, neither party shall be liable for any delay or failure to meet its obligations under this Agreement due to unforeseen circumstances or to causes beyond such party’s control. In the event of any such delay, performance of the affected obligation shall be suspended for a period of time equal to the time of such delay save that in the event that the delay continues for more then two (2) months, BSH may elect to terminate this Agreement with immediate effect without incurring any liability.

18.2. No Waiver – The waiver by either party of any default by the other party shall not waive subsequent defaults by such other party of the same or different kind.

18.3. Severability – If any of the provisions, either in part or in full, of this Agreement is held by a court of competent jurisdiction to be unenforceable or invalid, such provision shall be enforced to the maximum extent possible or permissible and this Agreement will be adjusted, if possible, so as to give maximum effect to the original intent and economic effect of the parties with respect to the unenforceable provision and the remaining portions of this Agreement shall remain in full force and effect.

18.4. No assignment – Customer may not assign this Agreement nor any Order related thereto. Customer may not delegate its duties or obligations under the Agreement to any other party without BSH’s prior written consent, which shall not be unreasonably withheld. BSH may assign the Agreement without Customer’s consent provided that such assignment is to an affiliated company forming part of the BSH group of companies.

18.5. Modification – No modification to this Agreement shall be binding unless in writing and signed by an authorized representative of each party.