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Limited Warranty For "D" Series Ovens - TurboChef D1 Service Manual

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13.0 LIMITED WARRANTY FOR "D" SERIES OVENS

Equipment manufactured by TurboChef, Inc. ("TurboChef") is manufactured, inspected, and packaged to meet rigid
standards of excellence. TurboChef warrants the Equipment to be free from defects in material and workmanship
for up to twelve (12) months from the date of purchase, subject to the conditions and limitations set forth below.
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER EXPRESSED WARRANTIES OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
1.
LIMITATIONS. Equipment must be installed and operated in accordance with TurboChef instructions as
detailed in the "Owner's Manual" provided and periodically updated, including reasonable and necessary
maintenance by the User. User is responsible for ensuring the suitability of the TurboChef Equipment to their
application. There is no warranty against damage resulting from improper care and cleaning, improper installation,
abuse, misuse, improper specification, misapplication, or other operating conditions beyond the control of
TurboChef. Furthermore, this Limited Warranty does not extend to damage resulting from power failure, fire, flood,
lightning surges, and other Acts of God.
2.
CONSEQUENTIAL DAMAGES EXCLUDED. This Limited Warranty does not apply to indirect, incidental, or
consequential damage to the Equipment or its accessories, nor does it apply to any indirect, special, incidental, or
consequential damages (including damages for loss of business, loss of profits or investment, or the like), whether
based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if
TurboChef or its representatives have been advised of the possibility of such damages and even if a remedy set
forth herein is found to have failed in its essential purpose. Such damage includes any act or omission by a party
other than TurboChef, which causes undue or accelerated component wearing, operational complications, and/or
general component/system failure. User agrees to indemnify or otherwise hold TurboChef harmless from all claims
of third parties that may arise from User's use of the Equipment covered under this Limited Warranty.
3.
CONSUMABLE ACCESSORIES EXCLUDED. Components and parts that are normally consumed in the
usual course of operation are excluded from this Limited Warranty. Such accessories include, but are not limited
to, ceramic platters, air filters, paddles, carts, etc. In addition, Equipment damage resulting from improper care or
replacement of such accessories is not covered under this Limited Warranty.
4.
MANDATORY CLAIM REPORTS, SERVICE DISPATCH.
reported to the 24-hour Customer Service Hotline at 1-800-978-2941, or other reporting service TurboChef may
designate. The TurboChef Customer Service Department will notify the nearest authorized service facility ("Service
Agent") to direct examination, repair, or adjustment.
established service availability hours.
5.
REPAIRS. Defective items covered by this Limited Warranty will be repaired or replaced as necessary without
charge. Parts required for repair may be recovered or reprocessed, and replaced parts will become the property of
TurboChef at its option. Such repair or replacement is the exclusive remedy available from TurboChef under this
Limited Warranty. Repairs or adjustments made by unauthorized agents nullify and void this Limited Warranty.
TurboChef, or its Service Agent, will provide the final determination as to whether specific instances are covered
under this Limited Warranty.
6.
ALTERATIONS AND SAFETY. If User makes any alterations, attaches a device, or uses a supply item that,
in Service Agent's judgment, results in damages to the Equipment, the Service Agent will either propose an
additional service charge, or request that the Equipment be returned to its standard configuration or that use of the
supply item be discontinued. User must accept the proposal or comply with the request within five (5) days. If
Service Agent believes that an alteration, attachment or supply item affects the safety of Service Agent personnel
or Equipment users, Service Agent will notify User of the problem and may withhold Warranty Service until the
problem is remedied.
7.
SERVICE AGENT CHARGES. In the event that repair services and/or parts are provided by the Service
Agent for repairs not covered by this Limited Warranty and Service Agreement, the Service Agent will invoice User
for such repair services and User will pay directly to Service Agent the amount invoiced by the Service Agent.
8.
EXCLUSIVE REMEDIES. If Service Agent is unable to maintain Equipment in good working order under the
conditions described above, TurboChef will, as User's exclusive remedy, replace the Equipment with either an
identical product or another product that provides equal or greater capabilities, at the option of TurboChef.
9.
EQUIPMENT DAMAGED IN TRANSIT. Claims against carriers for damage in transit must be filed by the User
upon careful inspection of the Equipment after arrival.
TurboChef, Inc.
®
TURBOCHEF
"D" SERIES COOKING SYSTEMS
LIMITED WARRANTY AGREEMENT
700-0655.DOC Rev B February 15, 1997
Claims under this Limited Warranty must be
Services will be provided during the Service Agent's
Page 61 of 62

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