Hobart Service Legal Terms and Conditions

These terms and conditions ("Terms") and any Service Product Quotation, Equipment Installation Quotation, Hobart Product Guidelines, or any agreement signed by an authorized representative of each party (each, a "Service Contract") to which these Terms are attached or incorporated by reference, any Hobart acknowledgment or invoice and all documents incorporated by specific reference herein or therein ("Hobart Documents" and together with these Terms and the relevant Service Contract, the "Agreement"), constitute the complete terms governing the sale of services ("Services") and parts ("Parts") by Hobart Service, a division of ITW Food Equipment Group LLC ("Hobart" to customer purchasing from Hobart ("Customer"). Hobart may update these Terms at any time without notice. For the current version of these Terms, visit www.hobartservice.com/servicetermsandconditions. The current version of these Terms shall apply to all Service Contracts executed (or, if no Service Contract is executed, for all Services performed and Parts delivered) after such website has been updated. HOBART HEREBY REJECTS ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS PROPOSED BY CUSTOMER, WHETHER OR NOT CONTAINED IN ANY OF CUSTOMER'S BUSINESS FORMS OR ON CUSTOMER'S WEBSITE, AND SUCH ADDITIONAL OR DIFFERENT TERMS WILL BE OF NO EFFECT. No site usage agreement or any other click through agreement required to access a website or on a website will have any binding effect whether or not Hobart clicks on an "ok," "1 accept," or similar acknowledgment. Terms contained or referenced in Customer facility sign-in logs, safety waivers or other similar documentation are hereby rejected and shall not have any binding effect on Hobart or its employees. Customer's order of any Services or acceptance of delivery of any Parts manifests Customer's assent to the Agreement. Additional or different terms applicable to a particular sale may be specified in the body of a Hobart Document or agreed to in writing by the parties in a Service Contract. In the event of a conflict, the following order of precedence will apply: (a) terms agreed to in writing and executed by an authorized senior officer of Hobart in a Service Contract; (b) Hobart Document terms; (c) these Terms.

Quotations must be in writing and are only valid for 30 days from the date of the quotation for Service Product Quotations and Parts sales and 90 days from the date of quotation for Equipment Installation Quotations. All quotations are subject to change or withdrawal without prior notice to Customer. Quotations are made subject to approval of Customer's credit. Hobart may refuse orders and has no obligation to supply Parts or Services unless Hobart issues an order acknowledgement or upon the shipment of Parts or commencement of Services.

Prices and rates are in U.S. dollars and are subject to change without notice, unless otherwise set forth in a Service Contract. Although Hobart strives to provide accurate information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price, Hobart has the right, at Hobart's sole discretion, to refuse or cancel any orders placed for that item. All products and prices are subject to change by Hobart without notice and errors may be corrected at any time. Unless otherwise agreed to or noted in writing by Hobart, all payments are due in accordance with the payment requirements specified by Hobart at the time of purchase. Hobart may withhold Services and Parts for Customers that have past-due invoices. Customer is limited to $25,000 annually in credit card payments in the aggregate, and all other payments must be made by ACH, wire or check.

Hobart may conduct a Site (as defined below) survey at Customer's facility. Such Site surveys are intended to identify problems which can be readily identified through reasonable visual inspection however Customer is solely responsible for the state of its facility and Site (including electrical and plumbing lines). During a Site survey, Hobart is under no obligation to excavate, move equipment, or otherwise disassemble or remove covers, fascia, sconces, or the like. Should problems or defects be identified during the Site survey or during performance of Services, Customer shall remedy such problems at its own cost before Hobart is required to continue performing or complete any Services.

Hobart will perform Services and provide Parts as mutually agreed by Hobart and Customer. For each Call (as defined below) Customer shall pay Hobart for all time, travel and mileage charges, and all other fees associated with such Call, at Hobart's then current rates for performance of the Services at such Call ("Hobart Rates"). For Services that require use of specialized forms of transportation other than by conventional motor vehicles, Customer shall reimburse for all transportation, food, and lodging expenses incurred by Hobart. Permits required for performance of the Services are the responsibility of the Customer or the applicable third-party contractor. A call ("Call") is defined as a Service on a single piece of equipment that includes labor, travel, return trip charges, parts and standard shipping costs associated with the Service. Hobart may complete a Call in one trip or multiple trips.
Should Services be performed on multiple pieces of equipment within the same visit, each piece is considered a separate Call.

Unless otherwise specified in a Service Contract, the term of this Agreement shall begin on the date of Customer's acceptance and shall continue until the end of the Call to which the Agreement covers. Each Call is subject to its own Agreement. Hobart may elect to terminate this Agreement for cause if Customer becomes past due on payment of any invoice. Hobart also reserves the right to notify Customer that Hobart will no longer sell Parts and/ or perform Services until Customer has paid all past-due invoice(s).

During Service visits, Hobart may provide new or reconditioned Parts. Replaced parts and assemblies shall become the property of Hobart upon removal. For Parts installed by Hobart, title and risk of loss transfers to Customer upon installation. For Parts ordered by and shipped to Customer, title and risk of loss passes to Customer upon receipt by the carrier. Should Customer request expedited freight, Hobart will expedite the Parts at Customer's cost. If the Parts are damaged in transit, Customer must file a claim with the carrier and Hobart shall not be liable for such damage. Concealed damage and shorted shipments must be reported to Hobart's Parts Department within 10 days of delivery.