Turbochef-technologies TurboChef High h Conveyor 2020 User Manual download pdf (Page 30)

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 suered by you, including lost revenue or prots, 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 conicts 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 modied except by a signed writing from TurboChef.

Any purported alteration, amendment or modication 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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Turbochef-technologies TurboChef High h Conveyor 2020 User Manual Page 30