Miscellaneous Terms
No Other Agreement. Except as otherwise mutually agreed in writing, this flooring installation agreement and the incorporated purchase order are the complete agreement of the parties and supersede all other agreements or understandings, written or oral.
Indemnification: Our liability for damage caused by our negligence or that of our subcontractors/agents shall be limited to the applicable policy limits of our liability insurance.
Terms of Payment. In addition, the terms stated above, you agree to pay all costs of collection, whether or not we enforce a mechanic's lien or otherwise file suit, including without limitation all attorney's fees, filing fees, and court costs as they are billed by us. Such unpaid additional costs shall be subject to interest at 1.5% per month until paid.
Limitation of Damages. We will not be liable for any delay in performing any work or providing any materials hereunder, or any cessation of or interruption of services, including but not limited to those arising out of fire, flood, explosion, war, strike, power blackout, nature, civil or military authority, inability to obtain labor or materials or reasonable substitutes therefore, terrorist threats or activities or any other cause beyond our reasonable control or acts of God.
Limitation of action. Except for claims for overdue balances, any other lawsuit hereunder shall be brought within one (1) year of completion of our installation notwithstanding any other statute of limitation that would otherwise apply.
LIMITATION OF REMEDIES AND DISCLAIMER OF WARRANTIES. WE WILL NOT BE LIABLE IN ANY CASE FOR ANY LOSS OF USE, LOST PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED REIMBURSEMENT OF ANY MONIES PAID BY YOU UNDER THIS AGREEMENT AND THIS SHALL BE YOUR EXCLUSIVE AND SOLE REMEDY FOR ANY CLAIM HEREUNDER. THE FOREGOING LIMITATION SHALL NOT APPLY TO CLAIMS FOR PERSONAL INJURY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.