22North 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
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 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 Texas, 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 warranties. 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.
Waiver
Waiver by TurboChef of any default will not be deemed a continuing waiver of such default or a waiver of any other default.
