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<br /> <br />Page 4 of 6 Initials: _______ <br /> <br />PROVIDER DOES NOT GUARANTEE THAT SUCH MATERIALS CAN BE CLEANED OR THAT THERE WILL BE <br />NO ADVERSE EFFECTS FROM ANY ATTEMPT TO CLEAN SUCH FABRICS. <br /> <br />(d) A variety of materials are used in the manufacturing, upholstery and/or installatio n process. These <br />materials include backing, lining, tacks, or other unknown substances that may cause discoloration or <br />other adverse effects to the face material. Client acknowledges that it is impossible to determine when <br />such adverse effects may occur and PROVIDER DOES NOT GUARANTEE AGAINST SUCH ADVERSE <br />EFFECTS. <br /> <br />(e) Client acknowledges and agrees that mold is commonly found throughout the environment and that it <br />is impossible to eradicate mold. PROVIDER DOES NOT GUARANTEE THE REMOVAL OR ERADICATION <br />OF MOLD. <br /> <br />6. Returned Check . If Client’s form of payment is returned for any reason by Client’s bank or other financial <br />institution, Provider may charge a returned check fee of $50.00 or the maximum permitted by law plus <br />attorney’s fees and all collection costs incurred as a result of the bad payment. Additionally, all future <br />payments must be made in the form of acceptable funds as defined in the North Carolina Good Funds <br />Settlement Act. <br /> <br />7. Late Payments. If Provider does not receive payment of the invoiced amount within five (5) days of the <br />invoice date, late charges of 1.5% per month (or any portion thereof), or the maximum amount permitted <br />by law shall be added to the balance due. <br /> <br />8. Delay. Provider shall be excused for any delay in completion of the Contract caused by acts of God, acts <br />of Client/property owner (or owner’s agent), stormy weather, labor trouble, acts of public utilities, public <br />bodies or inspectors, extra work, failure of Client to make payments promptly, or other contingencies <br />unforeseen by Provider, or beyond the reasonable control of the Provider. <br /> <br />9. PROVIDER SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES AND ALL IMPLIED <br />WARRANTIES (EITHER IN FACT OR BY OPERATION OF LAW) INCLUDING, BUT NOT LIMITED TO, <br />ANY IMPLIED WARRANTIES OF MERCHANTABILILTY AND FITNESS FOR A PARTICULAR PURPOSE <br />OR ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, CUSTOM OR USAGE OF <br />TRADE. THIS CONTRACT PROVIDES FOR THE PROVISION OF SERVICES AND DOES NOT PROVIDE <br />FOR A SALE OF GOODS. <br /> <br />10. Limitation of Liability: IN NO EVENT SHALL PROVIDER, ITS OWNERS, ANY OFFICERS, DIRECTORS, <br />EMPLOYEES, OR AGENTS, FRANCHISOR, OR AFFILIATES BE RESPONSIBLE FOR INDIRECT, SPECIAL, <br />NOMINAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, OR FOR ANY <br />PENALTIES, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ASSERTED, INCLUDING <br />CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF IT HAD <br />BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE; OR FOR <br />CLAIMS BY A THIRD PARTY. THE MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED THREE <br />TIMES THE AMOUNT PAID BY CLIENT FOR THE SERVICES OR ACTUAL PROVEN DAMAGES, <br />WHICHEVER IS LESS. IT IS EXPRESSLY AGREED THAT CLIENT’S REMEDY EXPRESSED HEREIN IS <br />CLIENT’S EXCLUSIVE REMEDY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY EVEN IF ANY <br />OTHER REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. Some states/countries do not allow the <br />exclusion or limitation of incidental or consequential damages, so the above may not apply to you. <br /> <br />DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A