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Page 5 of 5 <br /> Initial here: _____ <br />Hazardous Materials and Conditions: <br />South Bend Roofing Co. is not responsible for the identification, detection, abatement, encapsulation or removal of asbestos or any other <br />materials deemed to present a hazard to its employees including any materials considered to be special waste. If hazardous materials or other <br />hazardous conditions are encountered at the job site during the course of work, SBR reserves the right to remove its employees from the job <br />site until such hazardous materials are abated, encapsulated or removed, or the hazardous conditions are corrected. Pursuit to any delays <br />resulting from such situation and correction SBR shall receive an extension of time to complete its work, and compensation for all expenses <br />associated with such delays, or conditions. <br /> <br />Force Majeure: <br />South Bend Roofing Co. assumes no responsibility for costs or delays due to storms, fire, flood, or other natural disasters, nor for accidents, <br />strikes, or other events beyond its control. <br /> <br />Cancellation: <br />If this agreement is canceled by customer at any time prior to project completion for reasons other than non-performance by South Bend <br />Roofing Co. then all charges accrued to the date of cancellation become immediately due and payable to South Bend Roofing Co. <br /> <br />Entire Agreement: <br />This agreement is the complete and entire agreement between South Bend Roofing Co. and the customer, and supersedes any other <br />communication, whether oral or written. This agreement cannot be modified by either party except in writing, and with the written consent of <br />the other party. <br /> <br />Coating Performance Responsibility: <br />South Bend Roofing Co. is not responsible for the coating performance in primary and/or secondary containment linings, or Other critical <br />performance areas. <br /> <br />Non-Payment: <br />Non-payment will warrant your account to be forwarded to a collection agency and/or attorney. It is agreed upon that the customer will pay all <br />costs and expenses of collection, including but not limited to attorney’s fees and expenses, plus interest on past due amounts equal to 12% per <br />annum, on all amounts due. <br /> <br />Limited Warranty: <br />Customer acknowledges that South Bend Roofing Co. is not the manufacturer of any Products. Other than expressly set forth in the proposal, <br />any warranty with respect to the products must come from the manufacturer. Also, any warranty for workmanship must be expressly set <br />forth in the proposal. South Bend Roofing Co. disclaims all express or implied warranties and product liability, specifically including warranties <br />of merchantability and fitness for a particular purpose. <br /> <br />Limits of Liability: <br />To the maximum extent permitted by law and not withstanding any other provision of this Agreement, the aggregate liability under this <br />Agreement of South Bend Roofing Co, will be limited to the total amount paid to SBR pursuant to this Agreement. The parties acknowledge <br />that such an aggregate liability is a fair and reasonable estimate of any loss or damage likely to be suffered in the event of a breach of this <br />Agreement. Neither party shall be liable to the other for any indirect, incidental, special, consequential or punitive damages arising out of or <br />related to this Agreement. In no event shall SBR’s aggregate liability arising out of or related to this Contract, whether arising out of or related <br />to breach of contract, tort (including negligence), or otherwise, exceed the total of the amounts paid to South Bend Roofing Co. for the goods <br />and services sold hereunder. The limitation of liability set forth in this provision shall not apply to (i) liability resulting from South Bend Roofing <br />Co.’s gross negligence or willful misconduct and (ii) death or bodily injury resulting from acts or omissions.