Warranties: BuildTechPro specifically disclaims any other representations, warranties, and implied warranties (either in fact or by operation of law), including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose of any implied warranty arising out of a course of dealing, custom or usage of trade. This Agreement provides for the provision of services and does not provide for the sale of goods.
Limitation of Liability: In no event shall BuildTechPro, its owners, any officers, directors, employees, agents, subcontractors, or affiliates be responsible for indirect, special, nominal, incidental, punitive, or consequential losses or damages, or for any penalties, regardless of the legal or equitable theory asserted; including contract, negligence, warranty, strict liability, statute or otherwise, even if it had been aware of the possibility of such damages or they are foreseeable; or for claims by a third party. The maximum aggregate shall not exceed three times the amount paid by the Client for the services or actual proven damages, whichever is less. The Client agrees that the remedies expressed herein represent the sole and exclusive remedies available to the Client under this Agreement. The limitations herein shall apply even if any other remedies fail their essential purpose.
Additional Work: Any labor, materials, or other work beyond those identified in this Agreement shall require a written amendment to this Agreement and will result in additional charges.
Nonperformance and Breach of Contract: Any claim by the Client for faulty performance, nonperformance, or breach under this Agreement for damages, shall be made in writing to BuildTechPro within sixty (60) days after completion of services. Failure to make such a written claim for any matter which BuildTechPro could have corrected shall be deemed a waiver of said claim by the Client. No action, regardless of form, relating to the subject matter of this Agreement may be brought more than one (1) year after the claiming party knew or should have known of the cause of action.
Headings: The headings contained in this Agreement are for convenience of reference only, form no part of this Agreement, and have no force or effect whatsoever.
Force Majeure: With respect to the performance obligations of this Agreement, where there occurs any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain services, labor, or materials, or reasonable substitutes therefor, governmental actions, civil commotions, fire, flood, civil commotion, riot, war (declared and undeclared), revolution, or embargoes and other causes beyond the reasonable control of BuildTechPro (a Force Majeure event), BuildTechPro's failure to perform shall be excused for the duration of such event and for such a time thereafter as is reasonable to enable the parties to resume performance under this Agreement.
No Waiver: A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
Severability Clause: If any provision of this Agreement is found to be ineffective, unenforceable, or illegal for any reason under present or future laws, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such provision never comprised a part of this Agreement. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the ineffective, unenforceable, or illegal provision or by its severance from this Agreement.
Modification and Waivers: No modification, termination, or attempted waiver of this Agreement shall be valid unless in writing and signed by the party against whom the same is sought to be enforced.
Overhead and Profit: BuildTechPro shall be entitled to an additive of Ten Percent (10%) overhead, and Fifteen Percent (15%) profit for all services rendered by subcontractors; as well as on all appropriate and approved equipment rental, operating and transporting costs. Overhead and Profit percentages shall be considered to include, among other costs; change order processing costs including without limitation project management, estimating, clerical, and drafting costs performed by field operations or in the home office, relating to change in the Work; field supervision; incidental job burdens; cost of idle equipment; home office overhead and consequential damages; general home office expenses; profit; and loss of profit.
Merger Clause: This work authorization contains the final, complete, and exclusive statement of the Agreement between BuildTechPro and Client with respect to the transactions contemplated herein. All other prior or contemporaneous oral communications (including, for the avoidance of doubt, any communications in connection with the preparation of this work authorization) and all prior written or oral communications and agreements with respect to the subject matter hereof are merged herein and superseded into this work authorization. For the avoidance of doubt, it is the parties' intent that no term contained in or omitted from any prior written draft of this work authorization or other communication be used as extrinsic evidence under any state law or judicial interpretation to determine the parties’ intent hereto.
No Representations: The Client represents that he/she has had the opportunity to consult with an attorney and has carefully read and understands the scope and effect of the provisions of this Agreement. In agreeing to this agreement, the Client has not relied upon any representations or statements made by BuildTechPro or its employees, which are not explicitly outlined in this Agreement.
Assignment of Rights: This Agreement and the rights and obligations of the parties herein shall inure to the benefit of, and be binding upon, their respective successors, assigns, and legal representatives.