ADDITIONAL TERMS AND CONDITIONS FOR DOMESTIC PROJECT
Unless there exist a Master Service Agreement between Contractor and Customer, these Additional Terms and Conditions are hereby incorporated in and form a part of the attached proposal to a Customer (the “Proposal), (collectively referred to herein as the “Agreement”). All purchases by Customer or services received by Customer are expressly limited and conditioned upon acceptance of these Terms and Conditions. Contractor objects to and rejects any provision additional to or different from the Terms and Conditions that may appear in Customer’s purchase order, acknowledgement, confirmation, writing, or in any other prior or later communication from Customer to Contractor, unless such provision is expressly agreed to by Contractor in a writing signed by Contractor.
Limitation of Liability: The total liability of Loenbro, LLC and its affiliates, agents and/or third parties acting on its behalf (“Contractor”) on any claim, whether in contract, tort (including negligence whether sole or concurrent), warranty, or otherwise, arising out of, connected with, or resulting from the manufacture, sale, delivery, repair, replacement, or use of any products or furnishing of any service shall not exceed the price allocable to the product or service or part thereof which gives rise to such claim. Contractor is not liable for damages resulting from work carried out following instructions of the Customer, and Contractor is not liable for damages or a failure to perform any of its obligations if such a failure is a result of an impediment beyond its control, including but not limited to epidemic, government sanction, fire, flood, unusually adverse weather conditions, lightning, wind, earthquake, strike, lockout, labor dispute, war, riots, civil insurrection, acts of the public enemy, or acts of civil or military authority. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, REGARDLESS OF THE NATURE OF THE CLAIM.
Limited Warranty: Contractor warrants that products manufactured by Contractor when properly installed, used and maintained, shall be free from defects in material and workmanship. Contractor provides a one (1) year warranty from the date of completion or the date of delivery, whichever is first to occur. Customer shall be responsible for the provision of clear, and chemically free and clean access to Contractor as required for performing any work or warranty work. Any warranty work will not extend the term of the original warranty period. This warranty is limited in scope and liability to repairing or redoing the nonconforming work or materials. Contractor shall not be obligated under warranty or otherwise, to repair or replace defects caused by operating abuse, neglect, improper installation, erosion, corrosion, acts of God, or other similar causes or normal wear and tear. No credit shall be allowed for any cost or expense Customer may incur in replacing or correcting materials or workmanship hereunder, unless prior written notice to Contractor is provided and Contractor has had the reasonable opportunity to perform hereunder. This warranty shall not apply to work that has been modified without Contractor’s previous written permission. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CONTRACTOR PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR USE OR OTHERWISE.