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Warranty Service; Exclusive Remedy: TurboChef will be solely responsible for determining whether or not the component
and/or Equipment is defective. Defective components covered by this limited warranty will be repaired or replaced at
TurboChef’s option without charge to You and such repaired or replacement components will be warranted 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
limited warranty with new, recovered or rebuilt Equipment of equal or greater capability, and such Equipment will be
warranted 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 LIABILI-
TY AND YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS LIMITED 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 limited warranty must be reported to TurboChef during our normal working hours
at the following number: 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 nor-
mal 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.
Charges for Non-Warranty Service: In the event that repairs, replacement or service are provided by TurboChef’s service
agents for work not covered by this limited warranty, prior to commencing such work or service the service agent will
obtain Your permission to proceed and will invoice You directly for such work or service. You will pay the service
agent directly according to the service agent’s normal scale of charges and business terms.
Disclaimer of Damages: TurboChef disclaims all incidental, special, 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 limited
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 limited warranty is valid in the United States of America, Canada and Puerto Rico.
Governing Law, Entire Warranty: The limited warranty shall be governed and construed in accordance with the laws
of the State of Georgia, USA (except with respect to its provisions regarding conflicts of laws). This Limited Warranty
and the warranty activation card is the complete and only Limited Warranty for Equipment and supersedes all prior
oral or written agreements and understandings between us relating to Equipment warranties. This Warranty may not
be altered, amended or modified by the service agents and any alteration, amendment, modification from TurboChef
must be in a signed writing from TurboChef.