Waiver of Warranties:
All materials, parts and equipment are warranted by the manufacturers’ or suppliers’ written warranty only and not by C&L Refrigeration Corporation (“Seller”). All labor performed by the Seller is warranted for 90 days and is limited to the necessary labor and services required to repair the defective workmanship. The Seller makes no other warranties, express or implied.
Seller does not warrant: (a) the use of non OEM (Original Equipment Manufacturer) parts or parts supplied by others, (b) If equipment and/or system has been tampered with by others; including Buyer’s employees, representatives and/or other contractors (c) origin of mechanical failure can be determined after repairs are made and unit is placed back in operation. At which time, it may be determined that additional repairs are necessary to prevent repeated mechanical failure. Buyer will be informed of all additional findings and approval will be obtained before proceeding. In the event such repairs are not approved by the buyer, repeated mechanical failure is likely and the warranty shall be void. (d) Bodily injury or property damage or any other loss, cost or expense, including, but not limited to losses, costs or expenses related to, arising from or associated with clean-up, remediation, containment, removal or abatement, caused directly or indirectly, in whole or in part, by:
- Any fungus, molds, mildew or yeast, or
- Any spores or toxins created or produced by or emanating from such fungus, mold, mildew or yeast, or
- Any substance, vapor, gas, or other emission or organic or inorganic body substance produced by or arising out of any fungus, mold, mildew or yeast, or
- Any material, product, building component, building or structure, or any concentration of moisture, water or other liquid within such material, product, building component, building or structure, that contains, harbors, nurtures or acts as a medium for any fungus, mold, mildew, yeast or spores or toxins emanating there from, regardless of any other cause, event, material, product and /or building component that contributed concurrently or in any sequence to that bodily injury or property damage, loss, cost or expense.
General: Should any dispute arise out of, or relate to this work order it shall be decided by binding arbitration under the rules then in effect with the American Arbitration Association. The arbitration shall occur in Orange County, California and the prevailing party, in addition to any award, shall be entitled to attorney’s fees and costs. This work order shall be governed by and construed under the laws of the State of California.
Indemnity: Buyer will indemnify and hold harmless Seller (C&L) from any loss or damage to any persons or property arising for any reason.
Waiver of Liabilities and Consequential Damages:
Seller shall not be liable to Buyer and Buyer waives all claims against Seller for incidental, special, exemplary, punitive, direct, indirect, special or consequential damages (including, but not limited to damages for lost profits, lost sales, commercial damage, replacement equipment, lines, governmental orders, or actions, injury to person, or injury to property) based on (1) breach of the Contract, including but not limited to any breach of warranty, (2) negligence, (3) strict liability in tort, (4) other causes of action, arising in connection with the Contract, (5) for any injury, loss or damage resulting from, arising out of, connected with or based on (i) the application or use of the products or services, whether used slightly or in combination with other products or services, and whether or not used in accordance with Seller’s recommendations, assistance or instructions.