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TurboChef technologies, inc.

End-User Trial Oven Program Agreement

Date Submitted: Submitted by: Contact Number:

Please fill out each field below, including the reverse side, and email the completed form to or fax to 214-379-6093. Once processing is completed,you will receive a formal order confirmation that includes the list price of the units being sent to you.

Intended Use

Customer Trial Trade Show Other

Dates of Intended Use: through (90-day maximum)

Required Delivery Date:

Billing Information

New Customer* Existing Customer (enter customer ID):

*All new customers must complete a Credit Application.

Billing Address / Shipping Address (Check here if same as Billing Address):
Company Name: / Company Name:
Address 1: / Address 1:
Address 2: / Address 2:
City, State, Zip / City, State, Zip
Contact Name: / Contact Name:
Phone Number: / Fax: / Phone Number: / Fax:
Email Address: / Email Address:
If for a Trade Show, please provide the following:
Show Name: Booth Number:
Please advise where we are shipping to: Show Site Advance Warehouse Other
NOTE: Please make sure shipping labels are included.

Special Shipping Instructions

Freight charges to be paid by the requestor: Yes No Other:

Order Information

Please include all ovens, accessories, or other items being requested. In addition, please make sure you verify the electrical requirements for this installation. The requestor is solely responsible for the selection of oven equipment and accessories.

Oven Type / Model (if applicable) / Electrical Specs / Qty
Accessory Item Number / Description / Qty
CRATE CHARGE / Crate, Shipping, Trade Show

Requestor Agrees to the FollowingTerms:

1. / Risk of Loss, Place of Delivery and Damaged Shipment: Products are shipped FOB TurboChef’s facility in Carrollton, Texas. Risk of loss transfers to Requestor upon delivery to the carrier. While TurboChef may arrange shipping and insurance, TurboChef shall not be liable for loss after delivery. TurboChef is committed to delivering its Products to Requestor in perfect condition. Orders are inspected when they are packaged, and all orders are in good condition when they are delivered to the carrier.
Accidents may happen during shipping. Requestor should not accept shipments until any damages, including activation of the shock sticker, are noted on the delivery receipt. In the event of damage, Requestor can choose to refuse the shipment OR keep it for inspection. Concealed freight claims [shipping box is undamaged but contents are damaged] are valid only if reported to the carrier within 12 hours of receipt of shipment. If damage is noted upon delivery or discovered later, Requester should keep all packing materials and immediately call the carrier or otherwise comply with the carrier’s procedures for making a claim.
2. / Requestor is responsible for supplying the correct electrical configurations needed. Damage to the unit from improper power supply or connection will be considered misuse.
3. / Requestor will have made proper arrangements for placement of the unit on a cart, table, or stand that can hold the weight of the unit. Please make sure the unit(s) is properly secured as indicated in the Owner’s Manual.
4. / Requestor will make proper arrangements to have the oven removed from its shipping carton/crate. Placing unit(s) will require the assistance of 2-3 able-bodied persons.
5. / Requestor and/or Users will follow the Daily Maintenance procedures as described in the Owner’s Manual that will be shipped with the unit.
6. / All shipping containers and crates must be retained for the safe return of the unit. At the end of the trial period, Requestor must return the unit(s) in the same condition in which they were received in the original packing. All accessory items included or shipped with the unit must be returned, as well. If a cart was shipped, please band or shrink wrap the cart to the crate.
For Trade Shows/Events: Requestor will take necessary measures to secure and retain the shipping crates and other necessary packaging materials for proper return of the equipment, including placing proper EMPTY stickers on any and all TurboChef crates with Requestor’s exhibitor’s booth number so crates are returned to the booth at end of show/event.
7. / If Requestor does not return the unit(s) at the end of the trial period as indicated above, the invoice for these units will become due and payable by Requestor. TurboChef’s invoice is generated the day after the units are shipped.
8. / TurboChef’s return address is below. Please make sure you fill out your Bill of Lading correctly. Please use Freight Class 85 for the return shipment of these ovens.
TurboChef Technologies, Inc.
2801 Trade Center Drive, Suite 110
Carrollton, Texas75007-1970
Contact: 214-379-6000
9. / Requestor will provide return shipping details to TurboChef via e-mail to within 24-hours of shipment
10. / Requestor accepts full financial responsibility for any damage which occurs to any oven or other equipment resulting from abuse, misuse, theft, improper operation or lack of reasonable care while in Requestor’s custody.
11. / Requestor agrees to indemnify and hold TurboChef harmless from and against any and all liabilities or damages arising from Requester’s or its exhibitor’s handling or use of TurboChef’s ovens or equipment under this End-User Trial Oven Program.
12. / This End-User Trial Oven Program Contract (“Contract”) shall be governed and construed under Texas law, without giving effect to its conflicts of laws principles. If a dispute arises under this Contract, Requestor consents to personal jurisdiction in any legal action, suit or proceeding brought in federal or state court within Denton County, Texas, having subject matter jurisdiction.

DISCLAIMER. THE OVEN/S AND ANY EQUIPMENT PROVIDED HEREUNDER ARE PROVIDED AS-IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,ANY IMPLIED WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND/OR ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. TURBOCHEF’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THIS CONTRACT IS LIMITED TO THE CONTRACT PRICE FOR THE SPECIFIC PRODUCT THAT GIVES RISE TO THE CLAIM. IN NO EVENT WILL TURBOCHEF BE LIABLE FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INDIRECT DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES, OR LOSS OF USE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BY OPERATION OF LAW, OR OTHERWISE.

Signature Instructions

If you are completing this form online, please type in the requested data. Your completion of the text block for Requestor’s signature will be your legal signature on behalf of Requestor. If faxing, mailing, or hand-delivering this form, please complete the below signature block by hand.

Agreed to and accepted by: [Requestor’s name printed]

Requestor’s organizational name: Date:

Requestor’s signature: /s/Title:

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