Laserfiche WebLink
<br /> <br /> <br />Rev. 0002 <br />_____|_____ <br />Buyer Seller <br />Initial Initial <br />9 <br /> <br />19.3. Seller Retained Rights. Seller retains the right to file, perfect and start a <br />lawsuit to enforce its mechanic’s lien rights. The parties agree that the <br />court may refer the matter to arbitration but retain jurisdiction for <br />enforcement of the mechanic’s lien. If Seller is required to retain an <br />attorney to collect any money from Buyer, Buyer agrees to pay all of <br />Seller’s attorney fees, costs and disbursements. <br />19.4. Attorney’s Fees. In the event of a law suit, the non-prevailing party shall <br />be responsible for the prevailing party’s attorney’s fees. <br />20. EXCLUSION OF WARRANTIES. Seller makes no representation or warranty <br />of any kind whatsoever, express or implied, Except for those listed below <br />including: <br />20.1. The Product will comply with the written specifications furnished by <br />Buyer as to dimensions, fabrication and design material. <br />20.2. THE ONLY PRODUCT WARRANTY THAT IS PROVIDED IS THAT <br />WHICH THE MANUFACTURER PROVIDES. <br />20.3. Seller will warranty the labor for one year following completion of the <br />Work. <br />20.4. THE PARTIES AGREE AND ACKNOWLEDGE THAT THE <br />EXPRESS WARRANTIES IN THIS CONTRACT PROVIDE THE <br />EXCLUSIVE WARRANTIES FOR ALL PRODUCTS AND WORK <br />PROVIDED FOR UNDER THE CONTRACT, AND THE PARTIES <br />AGREE THAT ALL OTHER IMPLIED WARRANTIES, <br />INCLUDING THE CONDITIONS OF MERCHANTABILITY, <br />SATISFACTORY QUALITY, AND FITNESS FOR PURPOSE ARE <br />EXPRESSLY WAIVED AND DISCLAIMED. <br />21. LIMITATION OF LIABILITY AND DAMAGES. <br />22.1 Neither party shall be liable hereunder for consequential, indirect, or <br />punitive damages (including lost profits or savings) even if it has been advised of <br />their possible existence, except that the foregoing shall not restrict a party’s <br />ability to recover direct damages for breach of this Agreement. <br />22.2 In no event shall the total and cumulative liability of Seller to Buyer, or <br />any other non-party, under this Agreement for any claim or claims hereunder <br />concerning the Product or Work exceed the total amount of damages are paid by <br />an insurance policy purchased by Seller.