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W
ARR
ANTIES
Warranty Service, Exclusive Remedy
TurboChef will be solely responsible for determining whether or not the Equipment or any component thereof is defective.
Defective components covered by this warranty will be repaired or replaced at TurboChef’s option without charge to you
and such repaired or replacement components will be covered by this warranty for the balance of the Warranty Period. Parts
used in the repair of defective components and replacement components may be new, recovered or rebuilt. At its sole option,
TurboChef may decide to replace defective Equipment covered by this warranty with new, recovered or rebuilt Equipment
of equal or greater capability, and such Equipment will be covered by this Limited Warranty for the balance of the Warranty
Period. Defective Equipment and components will become the property of TurboChef. This paragraph states TurboChef’s
sole and exclusive obligation and liability and your sole and exclusive remedy under this warranty. TurboChef shall not be
responsible for a failure to provide warranty services due to causes beyond TurboChef’s or its service agents’ control.
Warranty Claims
Claims under this warranty must be reported to TurboChef during our normal working hours at 800.90TURBO, or such
other reporting service as TurboChef may designate. Upon receipt of the claim and related information and preliminary
verification that the claim is valid, TurboChef will promptly notify an authorized service agent to contact you and arrange
for an on-site repair visit during the service agent’s normal working hours. Any costs incurred by TurboChef or its service
agent associated with a service agent being refused or unable to gain access to the Equipment on your premises, or a claim
not covered by this warranty, will be charged to you.
Disclaimer of Damages
TurboChef disclaims all incidental, special and consequential damages, including but not limited to loss of use, lost revenue
or profits, or substitute use, suffered by you or any third party, whether arising in contract, tort (including negligence), or
otherwise, resulting from any breach by TurboChef or its service agents of this warranty, or resulting from the manufacture,
use, or defects, of or in the Equipment, even if TurboChef was apprised of the possibility of such damages.
Customer Indemnity
You agree to indemnify, defend and hold TurboChef harmless from all third party claims, demands, judgments, fees and
costs directly or indirectly arising out of or related to your use of the Equipment. You further agree to indemnify and hold
TurboChef harmless from any incidental, consequential or special damages suffered by you, including lost revenue or profits,
loss of use, or substitute use, during periods of Equipment failure or loss of use.
Territory
This warranty is valid in the United States of America, Canada and Puerto Rico.
Governing Law, Entire Warranty
This warranty shall be governed and construed in accordance with the laws of the State of Texas, USA (except with respect
to its provisions regarding conflicts of laws). The warranty described herein is the complete and only warranty for Equipment
and supersedes all prior oral or written agreements and understandings that may have existed between us
relating to
Equipment warranties. The terms of this warranty may not be altered, amended or modified except by a signed writing from
TurboChef. Any purported alteration, amendment or modification by a service agent or anyone else will not be enforceable
against TurboChef.
Charges for Non-Warranty Service or Rejection of Service Visit
In the event that repairs, replacement or service are provided by TurboChef’s service agents for work not covered by this
limited warranty, customer agrees to pay the service agent directly according to the service agent’s normal scale of charges. In
the event TurboChef is invoiced by the service agent for services not covered under this extended warranty, TurboChef will
invoice customer and customer will pay such invoice based on terms of net 10 days. Customer also agrees to pay any cost
incurred by TurboChef or its service agent associated with a service agent responding to a call for service, but then being
refused or unable to gain access to the Oven on Customer’s premises. Failure to submit payment may, at TurboChef’s
discretion, result in TurboChef voiding the balance of the warranty. In no event will TurboChef authorize service to a store
with an outstanding Non-Warranty invoice.
