Maison Berger solely warrants that on the date of delivery, the Items shall conform to their specifications. If and to the extent the Items fail to meet such warranty, as shall be determined in accordance with the provisions of Article 6 of these General Terms and Conditions, Maison Berger may, within a reasonable time, either repair or replace the Item(s) at no charge to the User, or issue a credit or refund for any such Item(s) in the amount of the original purchase price. Accordingly, Maison Berger’s obligation shall be limited solely to repair or replacement of the defective Items or give the User refund or credit for the defective Item(s). Maison Berger’s obligation to repair, replace, refund or credit shall be contingent upon receipt by Maison Berger of timely notice of any alleged non-conformance of Item(s) as per the provisions of Article 6 above and, if applicable, the return of the Items. ALL WARRANTIES MADE HEREIN ARE EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO MERCHANTABILITY OR AS TO THE FITNESS OF THE DESCRIBED ITEMS FOR ANY PARTICULAR USE OR PURPOSE. Maison Berger shall not be liable for any loss or damage, directly or indirectly, arising from the use of the described Items or for incidental or consequential damages, whether User’s claim is in contract, negligence or otherwise.

Maison Berger shall not be liable under any circumstances to the Users or any other person in circumstances where the Items are not used for their intended purpose or are not handled in accordance with customary care. Specifically, such limited warranty shall only apply to Items which have been used in normal conditions, complying with the instructions supplied by Maison Berger and using exclusively Maison Berger lamps refills and Lampe Berger Catalytic Burner.

Limitation of Liability
The user hereby waives all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by the negligence of maison berger. the user acknowledges by his/her use of maison berger’s items that the user’s use of the items and any reliance upon them is at the user’s sole risk. maison berger expressly disclaims all other warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, quality, performance, fitness for a particular purpose, and non-infringement. some states do not allow limitations on implied warranties so these limitations may not apply to maison berger. the warranties set forth herein give the user specific legal rights and the user may have other rights. if an item has been purchased for consumer use as defined by 15 u.s.c. § 2301, any implied warranty or warranties shall expire on expiration of any express warranty. the user assumes all risk for misuse of the items.

Maison berger has priced its items upon the understanding, and the user hereby acknowledges the understanding, that maison berger will not be liable for personal injury and property damage resulting from the improper handling, modification, misuse of the items by the user or any other person following delivery by maison berger. in no event will maison berger be responsible or liable to any person for any form of consequential, incidental, statutory, punitive, exemplary or indirect damages of whatever kind or type arising from any type of commercial, business, environmental, tort, warranty, contract, strict liability or other causes arising directly or indirectly from or in connection with any item and/or its use, except consequential damages for any injury to a person in the case of item purchased for consumer use as defined by 15 us c. § 2301. the user agrees not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against maison berger arising out of the user’s purchase or use of the items.