Warranty Service Exclusive Remedy | Turbo Chef Technologies 2TM

N O R T H A M E R I C A L I M I T E D W A R R A N T Y

Modifications and Repair: Equipment that has been modified or altered by persons other than TurboChef or its service agents, or Equipment that has had non-approved devices or connection items attached thereto, is excluded from coverage under this limited warranty. Repair of the Equipment by any- one other than TurboChef or its authorized service agents will void all warranties on the Equipment.

Accessories: Accessories and parts (collectively “Accessories”) that are consumed in the normal course of Equipment operation or maintenance are excluded from this limited warranty. Failure of or damage to Equipment or components from the use of non-approved cleaning chemicals, devices or processes is also excluded from this limited warranty.

Outstanding Invoices: If the full invoiced amount for Equipment purchased has not been paid within forty-five (45) days from the invoice date, then TurboChef will have no obligation to honor this or any other warranty on the Equipment until payment is received in full, and any accrued interest or other charges have been satisfied, at which time warranty coverage will be reinstated, but the Warranty Period will not be extended.

WARRANTY SERVICE; EXCLUSIVE REMEDY

TurboChef will be solely responsible for determining whether or not the Equipment or any component thereof 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 covered by this limited warranty for the balance of the Warranty Period. Parts used in the repair of defective compo- nents 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 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 obligation and liability 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: 1-800-90TURBO, or such other reporting service as TurboChef may desig- nate. 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 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 limited 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.