TM
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 [email protected] 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
Dates of Intended Use:
Other
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:
Email Address:
Fax:
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)
Accessory Item Number
CRATE CHARGE
Description
Crate, Shipping, Trade Show
© 2008 TurboChef Technologies, Inc.
Electrical Specs
Qty
Qty
DOC-1108 / Rev A / Oct 2008
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Requestor Agrees to the Following Terms:
1.
2.
3.
4.
5.
6.
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.
Requestor is responsible for supplying the correct electrical configurations needed. Damage to the unit from improper power supply or
connection will be considered misuse.
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.
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.
Requestor and/or Users will follow the Daily Maintenance procedures as described in the Owner’s Manual that will be shipped with the unit.
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.
8.
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.
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.
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, Texas 75007-1970
Contact: 214-379-6000
9.
Requestor will provide return shipping details to TurboChef via e-mail to [email protected] 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.
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.
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.
7.
11.
12.
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:
Requestor’s signature:
© 2008 TurboChef Technologies, Inc.
Date:
/s/
Title:
DOC-1108 / Rev A / Oct 2008
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