Turbo Chef Technologies 2TM manual North America Limited Warranty, Disclaimer Of Warranties

22 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

North America Limited Warranty

TurboChef High h Batch Oven - North America

The TurboChef High h Batch 2 Oven limited warranty outlined below is activated upon shipment of your oven. Should you require additional assistance after reviewing the limited warranty outlined below, please call TurboChef Customer Service at 800.90TURBO or +1 214-379-6000.

LIMITED WARRANTY

TurboChef Technologies, Inc. (“TurboChef”) warrants to you, the purchaser, that under normal use, the TurboChef High h Batch 2 Oven you have purchased (the “Equipment”) will be free from defects in mate- rial and workmanship during the Warranty Period, subject to the terms and conditions set forth herein.

The “Warranty Period” is twelve (12) months from the date the Equipment is shipped from TurboChef’s factory or distribution center. This limited warranty is conditioned upon you promptly notifying TurboChef of any claims, as provided in the paragraph entitled “Warranty Claims” below, and providing TurboChef with all data and information requested by TurboChef or its service agents in connection with such claims as well as all necessary access to your premises and the Equipment. This limited warranty is made only to the initial purchaser of the Equipment from TurboChef or its authorized dealer; it is not assignable to subsequent purchasers unless TurboChef consents to such assignment in writing.

DISCLAIMER OF WARRANTIES

Except as provided in the limited warranty above, the Equipment is provided “as-is.” TurboChef disclaims all other warranties, express, statutory or implied, including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. TurboChef does not warrant that the Equipment will meet your specifications or needs. You acknowledge that you are solely responsible for the selection of the Equipment and determining the suitability of the Equipment for your needs.

WARRANTY EXCLUSIONS

Improper Installation, Operation or Maintenance: Equipment that is not installed, operated and maintained in accordance with TurboChef’s High h Batch 2 Oven owner’s manual (as may be updat- ed by TurboChef from time to time, the “Manual”), a copy of which is provided to you with the Equipment or otherwise will be provided to you upon request, is excluded from this limited warranty. This limited warranty does not apply to damage or failure which results, in TurboChef’s or its service agent’s sole opinion, from failure to provide a suitable installation and operating environment (including power and HVAC) and facilities as prescribed by the Manual, misuse, abuse, accident, neglect, power failure, power surges (over or under voltage), or to damage or failure from flood, fire, lightning, or other natural or man-made disasters, or other Acts of God, or to Equipment that has missing or altered serial numbers.