Warranty Service, Exclusive Remedy

22 NORTH AMERICA LIMITED WARRANT Y

TurboChef will be solely responsible for determining whether or not the Equipment or any component thereof is defective. Defective components covered by this warranty will be repaired or replaced at TurboChef’s option without charge to you and such repaired or replacement components will be covered by this warranty 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 warranty with new, recovered or rebuilt Equipment of equal or greater capability, and such Equipment will be covered by this Limited Warranty 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 obliga- tion and liability and your sole and exclusive remedy under this warranty. TurboChef shall not be responsible for a failure to pro- vide warranty services due to causes beyond TurboChef’s or its service agents’ control.

Warranty Claims

Claims under this warranty must be reported to TurboChef during our normal working hours at 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 normal working hours. Any costs incurred by TurboChef or its service agent associat- ed 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.

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 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 warranty is valid in the United States of America, Canada and Puerto Rico.

Governing Law, Entire Warranty

This 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). The 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 war- ranties. The terms of this warranty may not be altered, amended or modified except by a signed writing from TurboChef. Any purported alteration, amendment or modification by a service agent or anyone else will not be enforceable against TurboChef.

Charges for Non-Warranty Service or Rejection of Service Visit

In the event that repairs, replacement or service are provided by TurboChef’s service agents for work not covered by this limited warranty, customer agrees to pay the service agent directly according to the service agent’s normal scale of charges. In the event TurboChef is invoiced by the service agent for services not covered under this extended warranty, TurboChef will invoice customer and customer will 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 bal- ance of the warranty. In no event will TurboChef authorize service to a store with an outstanding Non-Warranty invoice.