North america limited warranty – TurboChef Technologies Fire Oven User Manual

Page 19

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NORTH

AMERICA

LIMITED

WARRANTY

11

North America Limited Warranty

TurboChef Fire Oven – North America

The TurboChef rapid cook oven Limited Warranty outlined below is activated upon shipment of your oven. Should you
require additional assistance after reviewing the warranty outlined below, please call TurboChef Customer Support at
800.90TURBO.

Limited Warranty

TurboChef Technologies, Inc. (“TurboChef”) warrants to you, the purchaser, that under normal use the TurboChef
oven you have purchased (the “Equipment”) will be free from defects in material and workmanship during the Warranty
Period, subject to the terms and conditions set forth herein. The “Warranty Period” is twelve (12) months from the date
the Equipment is shipped from TurboChef’s U.S. factory or distribution center. This warranty is conditioned upon you
promptly notifying TurboChef of any claims, as provided in the paragraph entitled “Warranty Claims” below, and
providing TurboChef with all data and information requested by TurboChef or its service agents in connection with such
claims as well as all necessary access to your premises and the Equipment. This warranty is made only to the initial purchaser
of the Equipment from TurboChef or its authorized dealer; it is not assignable to subsequent purchasers unless TurboChef
consents to such assignment in writing.

Disclaimer of Warranties

Except as provided in the Limited Warranty above, the Equipment is provided “as-is”. TurboChef disclaims all other
warranties, express, statutory or implied, including without limitation, the implied warranties of title, non-infringement,
merchantability and fitness for a particular purpose. TurboChef does not warrant that the Equipment will meet your
specifications or needs. You acknowledge that you are solely responsible for the selection of the Equipment and determining
the suitability of the Equipment for your needs.

Warranty Exclusions

Improper Installation, Operation or Maintenance:

Equipment that is not installed, operated and maintained in accordance

with TurboChef’s rapid cook oven owner’s manual (as may be updated by TurboChef from time to time, the “Manual”), a
copy of which is provided to you with the Equipment or otherwise will be furnished to you upon request, is excluded from
this warranty. This warranty does not apply to damage or failure which results, in TurboChef’s or its service agent’s sole
opinion, from failure to provide a suitable installation and operating environment (including power and HVAC) and
facilities as prescribed by the Manual, misuse, abuse, accident, neglect, power failure or power surges (over or under
voltage), or to damage or failure from flood, fire, lightning or other natural or man-made disasters, or other Acts of God, or
to Equipment that has missing or altered serial numbers.

Modifications and Repair:

Equipment that has been modified or altered by persons other than TurboChef or its service

agents, or Equipment that has had non-approved devices or connection items attached thereto, is excluded from coverage
under this warranty. Repair of the Equipment by anyone other than TurboChef or its authorized service agents will void all
warranties on the Equipment.

Accessories:

Accessories and parts (collectively “Accessories”) that are consumed in the normal course of Equipment

operation or maintenance are excluded from this warranty. Failure of or damage to Equipment or components from the use
of non-approved cleaning chemicals, devices or processes is also excluded from this warranty. Accessories may include, but
are not limited to, ceramic cooking platters, paddles and approved cleaning chemicals and devices.

Outstanding Invoices:

If the full invoiced amount for Equipment purchased has not been paid within forty-five (45) days

from the invoice date, then TurboChef will have no obligation to honor this or any other warranty on the Equipment until
payment is received in full, including any accrued interest or other charges, has been satisfied, at which time warranty cover-
age will be reinstated, but the Warranty Period will not be extended.

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