Customer hereby warrants to Company that he/she is the owner of the property on which the improvements are to be made (the “Structure”) and is not presently bound by a contract with any other person or company for the performance of all or any part of the work, materials, and/or labor specified in this Agreement. Company will not perform any labor or furnish any materials other than as shown in the Scope of Work or duly executed Change Order. All the terms and conditions of this Agreement shall apply to any Scope of Work hereunder and/or Change Order which results in any additional labor or materials.

 

The labor furnished by the Company in installing the materials or building the improvements pursuant to this Agreement shall be performed in a workmanlike manner and is warranted for a PERIOD OF NINETY (90) DAYS from the Effective Date. The warranty covers only deficiencies in workmanship and does not cover defects in the materials or damages caused by anything other than a deficiency in Company’s labor, including but not limited to damages caused in whole or in part by any defect in the Structure. This warranty on labor extends only to the Customer(s) named in this Agreement and does not extend to any purchaser of the property. Customer may not assign or sell this warranty on labor to anyone else.

 

By executing this Agreement, Customer acknowledges that: (a) there is an inherent risk of harm and/or functionality to door due to added weight of extra strength glass required to install pet door, (b) wear and tear of existing door could be exacerbated or amplified by requested services, (c) other persons may use the door to cause harm or theft, (d) animals other than their pet(s) may enter the Structure through the pet door, (e) the door could cause injury to a pet or person as a result of using of the pet door for ingress or egress, (f) weather, elements, or other exterior hazards may affect the door and/or the interior of the Structure as a result of the door’s installation. Customer acknowledges and agrees that Company’s disclaimer of any and all consequential damages in Section 5 of this Agreement extends to all such hazards, whether or not expressly set forth hereinabove, including but not limited to, any lost wages, lost profits, loss of business to Customer, or any damage to other parts of Customer’s property related to or arising therefrom. Except as otherwise expressly provided in this Agreement, Customer hereby agrees that Company shall not be liable or responsible to Company for any such damages. Customer acknowledges and agrees that Customer shall be solely and fully responsible for controlling and supervising what the pet door for ingress to or egress from the Structure.

 

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, COMPANY MAKES NO WARRANTY OF ANY KIND AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN NO EVENT SHALL COMPANY, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, AGENTS, AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF CONTRACTS, LOSS OF USE, LOSS OF PROFITS, OR ANY OTHER ECONOMIC LOSS) ARISING OUT OF OR RELATED TO THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION (E.G., CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, OR OTHERWISE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL COMPANY’S LIABILITY HEREUNDER EXCEED THE CONTRACT PRICE. Without limiting the generality of the foregoing, Company shall be liable for losses or damages only to the extent that such losses or damages arise directly from Company’s negligence. Customer hereby agrees that Company shall not be liable for: (a) any damages, injuries, losses, or claims of any type resulting from any work or services performed which are outside the Scope of Work or Change Order, including but not limited to any work done by or under the direction and/or control of Customer; or (b) any damage to improved surfaces, including but not limited to sidewalks and driveways, resulting from the use of any equipment approved by Customer necessary to perform the Services. 

 

Without limiting the generality of the foregoing, if Customer contracts for any repairs arising from or in any way related to the work performed by Company without the express written approval of Company, Customer assumes financial responsibility for such repairs and the cost thereof shall not be deducted from the amount owed to Company. Further, if any other person or entity performs unscheduled repairs to an area upon which Company is contracted to perform work, additional charges may apply to correct any work that hinders Company’s ability to execute the Scope of Work.

 

Company may, in its sole discretion, subcontract any part of the labor and/or improvements to be performed under this Agreement.  Customer agrees to carry homeowner’s insurance sufficient to cover the Customer's property and the improvements listed in this Agreement from any and all losses. All surplus materials taken to the job site for completing the improvements under this Agreement shall remain the sole property of the Company, and Company shall have the right to remove same within a reasonable time upon completion of the work.

 

Customer agrees that, in the event materials in addition to those listed in the Scope of Work are required to perform the Services, Customer shall pay for and/or provide such materials upon reasonable notice from Company. Customer understands and acknowledges that (a) commercially available materials purchased for the performance of the Services are not always manufactured consistently and/or (b) minor measurement errors and/or breakage often occur during the workmanlike performance of services like those set forth herein. Accordingly, some materials may need to be reordered or replaced during the performance of the Services. Customer agrees to pay for such materials up to 5% above the minimum amount necessary to perform the Services.

 

Neither Company nor Customer shall be held liable or responsible to each other, nor be deemed to have defaulted under or be in breach of this Agreement, for failure or delay in fulfilling or performing any term of this Agreement when such failure or delay is caused by, or results from, causes beyond the reasonable control of the affected Party, including but not limited to fire; floods; war, insurrection, or riot; failure or termination electrical power service or communications systems or networks; inability to procure materials that could not have been reasonably anticipated and avoided by Company; strikes, lockouts, or other labor disturbances; acts of God; or acts, omissions, or delays in acting by any governmental authority or the other Party (“Force Majeure Event”); provided, however, that the Party so affected shall use reasonable commercial efforts to avoid, mitigate, or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Notwithstanding any other provision of this Agreement, either Party may terminate this Agreement upon ten (10) days’ notice in the event that a Force Majeure Event occurs and continues for a period of thirty (30) days.

 

The Parties agree that, in any litigation, arbitration, mediation, or other proceeding by which one Party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.

 

This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Kentucky. The Courts of the Commonwealth of Kentucky, County of Jefferson, shall have jurisdiction over any dispute arising under this Agreement. The Parties hereby consent to personal jurisdiction in the courts of the Commonwealth of Kentucky, County of Jefferson, for purposes of any such dispute and waive any objection as to venue.