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NORTH AMERICA LIMITED WARRANTY
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.
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 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. SOME
STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
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 suered by you, including lost revenue or prots, loss of use, or substitute use,
during periods of Equipment failure or loss of use.
Territory
is warranty is valid in the United States of America, Canada and Puerto Rico.
Governing Law, Entire Warranty
is warranty shall be governed and construed in accordance with the laws of the State of Texas,
USA (except with respect to its provisions regarding conicts of laws). e 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. e terms of
this warranty may not be altered, amended or modied except by a signed writing from TurboChef.
Any purported alteration, amendment or modication by a service agent or anyone else will not be
enforceable against
TurboChef.
Waiver
Waiver by TurboChef of any default will not be deemed a continuing waiver of such default or a
waiver of any other default.
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