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RELOCATION AND REPAIR: Relocation, adjustment or repair of
<br />Equipment will be made only by, or under the supervision of, a
<br />representative of the Servicing Office. User's failure to abide by the
<br />provisions of this paragraph shall relieve Hobart from any obligation
<br />under this Contract until such time as any damage incurred as the
<br />result of any such relocation, adjustment or repair of Equipment has
<br />been corrected or repaired by the Hobart Servicing Office servicing
<br />the area in which the Equipment is relocated. User will be charged
<br />by the Hobart Servicing Office for any such repairs at the Hobart
<br />Servicing Office's then prevailing prices for parts and/or labor, travel
<br />time and mileage. Services provided by Hobart at User's request for
<br />the relocation of Equipment shall be invoiced to User by the Servicing
<br />Office at the rate of $45.00 per hour and $.40 per mile for the extra
<br />labor and travel expenses, if performed during Servicing Office's
<br />normal working days and hours.
<br />
<br />REPLACEMENT PARTS: Replacement pads provided pursuant to
<br />the terms of this Contract will be furnished at no charge to the User
<br />unless otherwise specified in "coverage type" on this Contract. If a
<br />part of an assembly within any of the Equipment requires repair or
<br />replacement, the part and/or entire assembly may be replaced on
<br />an exchange basis with new, or reconditioned pads, the removed
<br />part or assembly becoming the property of Hobart. User having due
<br />regard for the difficulty in obtaining replacement parts for equipment,
<br />therefore agrees that Hobart's acceptance of this Contract is subject
<br />to its being able to secure necessary replacement pads. User agrees
<br />that any failure by Hobart to fulfill the terms of this Contract as a
<br />result of being unable to secure the necessary replacement pads
<br />shall not constitute a violation of this Contract.
<br />
<br />ATTACHMENTS: Unless specifically included in the list of
<br />"Equipment to be Covered" on the face of this Contract or are
<br />considered as Add On Equipment, attachments are not covered by
<br />this Contract.
<br />
<br />MIXER ACCESSORIES: Bowls, bowl adapters, bowl trucks,
<br />chopping ends, agitators (beaters, whips, dough hooks, pastry
<br />knives, etc.) splash covers and extension rings are not covered by
<br />this Contract.
<br />
<br />SUPPLY ITEMS: Supply items (when applicable), such as ink, paper,
<br />paper filters for fryers, commodity inserts, wrapping film and trays,
<br />printing material, dishwashing and sanitizing compounds and similar
<br />consumable materials are not covered by this Contract and must be
<br />replenished by User.
<br />
<br />EXPENDABLE ITEMS: Dishracks, flight links, curtains, meat saw
<br />blades, blades used with food machines, pulley wipers, shredder
<br />plates, fryer baskets and tanks, boiler tanks, and oven racks are not
<br />covered by the Contract and must be replenished by the User.
<br />
<br />UNUSUAL REPAIRS: Repairs (labor, parts and travel expense)
<br />required at any time due to damage by fire, water, burglary, accident,
<br />abuse, acts of God, repairs by unauthorized persons, failure of User
<br />fo operate or maintain the Equipment in conformity with Hobart's
<br />recommended operating and maintenance instructions, incorporated
<br />by reference herein, or usage that is deemed not appropriate by
<br />Hobart, are not covered by this Contract and the Servicing Office
<br />will charge User for any such repairs at the Servicing Office's then
<br />prevailing prices for parts and/or labor, travel lime and mileage.
<br />
<br />LOAN EQUIPMENT: May be made available as deemed appropriate
<br />based on the Equipment involved, without rental charge (except in
<br />the case of unusual repair as defined above), if extensive repairs
<br />should be required as a result of normal operations. Hobart shall be
<br />under no obligation to provide such loaner equipment.
<br />
<br />TAXES AI~ D TOLLS: User will be charged for all taxes applicable
<br />to this Con tact and purchases under this Contract, and for all road,
<br />bridge, tunnel and water tolls incurred by Servicing Office as a result
<br />of its performing its obligations of this Contract.
<br />
<br />SPECIAL PERMITS AND LICENSES: The cost of any governmental
<br />permits or licenses required with respect to the work to be performed
<br />hereunder shall be paid by the User.
<br />
<br />DURATIOI~ AND TERMINATION: This Contract shall continue in
<br />force until terminated by either Hobart or User. Hobart or User may
<br />terminate this Contract without cause at any time upon thirty (30)
<br />days written notice to the other. In the event of termination, pro rata
<br />adjustment of User's payment will be made by Hobart. In the event
<br />of prepayment of the obligation in full prior to maturity, any unearned
<br />portion of the payment option charge shall be determined in
<br />accordance with generally accepted accounting principles.
<br />
<br />WARRANT~': Hobart warrants that the services hereunder shall be
<br />performed in a workmanlike manner.
<br />
<br />THE ABOV-- WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY
<br />AND ALL OTHER REPRESENTATIONS, SPECIFICATIONS,
<br />WARRANTI-2S AND REMEDIES EITHER EXPRESS OR IMPLIED,
<br />HEREIN OR ELSEWHERE, OR WHICH MIGHT ARISE UNDER
<br />LAW OR EOUITY OR CUSTOM OF TRADE INCLUDING WITHOUT
<br />LIMITATIO~ WARRANTIES OF MERCHANTABILITY AND OF
<br />FITNESS FOR A SPECIFIED OR INTENDED PURPOSE.
<br />
<br />LIMITATIOH OF LIABILITY: NOTWITHSTANDING ANY OTHER
<br />PROVISIOI~ OF THIS SERVICE CONTRACT, IN NO EVENT SHALL
<br />HOBART BE LIABLE, WHETHER ARISING UNDER
<br />PERFORMANCE OF THE SERVICE CONTRACT, BREACH OF
<br />THIS SERVCE CONTRACT, TORT, INCLUDING NEGLIGENCE
<br />AND STRICT LIABILITY, OR OTHERWISE, FOR LOSS OF
<br />ANTICIPATED PROFITS, NONOPERATION OR INCREASED
<br />EXPENSE OF OPERATION, SERVICE INTERRUPTIONS, CLAIMS
<br />OF CUSTOMERS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL
<br />OR SPECIA_ LOSS OR DAMAGE.
<br />
<br />FURTHER, -tOBART'S LIABILITY ON ANY CLAIM OF ANY KIND,
<br />INCLUDING NEGLIGENCE OR STRICT LIABILITY FOR ANY LOSS
<br />OR DAMAGE ARISING OUT OF, OR RESULTING FROM THIS
<br />SERVICE CONTRACT, OR FROM ITS PERFORMANCE OR
<br />BREACH, ~HALL NOT EXCEED THE SERVICE CONTRACT
<br />PRICE.
<br />
<br />MISCELLAI~ EOUS: The annual charge and servicing labor rates
<br />specified within this Service Contract ara subject to change by Hobart
<br />upon thirty ($0) days written notice to the User.
<br />
<br />Hobart neither assumes nor authorizes any person to assume for it
<br />any obligatio ~ of liability in connection with the use and operation
<br />of the Equip'nent covered by this Service Contract other than is
<br />stated herein.
<br />
<br /> · THIS SERVICE CONTRACT IS NONTRANSFERABLE AND.
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