TurboChef Technologies Fire Oven User Manual

Page 22

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14

INTERNATIONAL LIMITED WARRANTY

Neither TurboChef nor the Authorized Distributor assumes any liability for damage caused by Your failure to provide a
suitable installation and operating environment (including power and HVAC) or facilities as prescribed by the Manual,
misuse or abuse or by accident, neglect, power failure or power surges (over or under voltage) howsoever arising.

At its sole option, TurboChef may replace defective Equipment or components with new, recovered or rebuilt
Equipment of equal or greater capability, and such Equipment or components will be warranted by the Authorized
Distributor for the balance of the Warranty Period. Replaced defective Equipment or components will become the
property of TurboChef.

Warranty Claims:

Any warranty claim must be made directly in writing either to the Authorized Distributor from

whom You purchased the Equipment or to TurboChef at the following address:

TurboChef Technologies, Inc.
2801 Trade Center Drive
Carrollton, Texas 75007
Phone: +1

214.379.6000

Fax:

+1 214.379.6073

The claim must include the serial number of the Equipment and be received by TurboChef on or before the last day
of the Warranty Period. Upon receipt of Your claim, TurboChef will promptly notify an Authorized Distributor or an
authorized service agent to contact You, to verify Your claim and, if necessary, to arrange for an on-site repair visit
during normal working hours.

Consumables and Parts Used with The Equipment:

Neither TurboChef nor the Authorized Distributor assumes any

liability for consumables and parts that are used in the normal course of Equipment operation or for failure of or
damage to Equipment or components from the use of non-approved cleaning chemicals, devices or processes.

Charges for Service Not Covered by Limited Warranty:

In the event that You request and receive repairs, replacement

or service not covered by this Limited Warranty, You will be invoiced and must pay the Authorized Distributor or
authorized service agent directly according to its normal scale of charges and business terms.

Product Liability:

Neither TurboChef nor the Authorized Distributor assumes any liability for any incidental, special or

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 the Authorized Distributor of the Limited Warranty provided herein.

Exclusive Remedy:

This Limited Warranty states the Authorized Distributors and TurboChef’s sole and exclusive

obligation and liability and your sole and exclusive remedy under this Limited Warranty.

Third Party Rights:

The UK Contract (Rights of Third Parties) Act 1999 is excluded from applying to this Limited

Warranty and nothing herein confers or purports to confer on any third party any benefit or any right to enforce any
term of this Limited Warranty.

Severability:

If any item or provision contained in this Limited Warranty or any part of them (“an offending provision”)

is declared to be or becomes unenforceable, invalid or illegal for any reason whatsoever in any jurisdiction, the other
terms and provisions of this Limited Warranty shall remain in full force and effect in that jurisdiction as if it had been
executed without the offending provision appearing in it and the entire Limited Warranty shall remain in full force and
effect in all other jurisdictions.

Governing Law, Entire, Agreement:

This Limited Warranty shall be governed by and construed according to English

law. The application of the United Nations Convention on International Sale of Goods to this Limited Warranty is
expressly excluded. This Limited Warranty may not be altered, amended or modified by the Authorized Distributor or
its service agent, and no representation, alteration, amendment or modification by TurboChef shall be valid unless in a
signed form from TurboChef.

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