COMFORT AIR HEATING COOLING & PLUMBING LLC is not responsible nor liable for the consequences of the Customer’s failure to strictly follow COMFORT AIR HEATING COOLING & PLUMBING LLC’s directions for performance of the Services or occupancy of the Property. Except as specifically set forth in writing in this Invoice or any written agreement for this service, COMFORT AIR HEATING COOLING & PLUMBING LLC makes no representations or warranties and hereby disclaims all representations and warranties, express and implied, written and oral, arising from course of dealing, course of performance, usage of trade, and otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, fitness or appropriateness for use in a particular location or condition, satisfaction for Purchaser’s particular requirements, quality, title, and non-infringement, in connection with the Services. COMFORT AIR HEATING COOLING & PLUMBING LLC shall not be liable for, Customer expressly waiving hereby, any direct, special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including, without limitation, lost revenues or lost profits, costs of application or reapplication, or damage to any substrate in the performance of the Services, whether or not any party had been advised of the possibility or probability thereof and even if the remedies otherwise available fail of their essential purpose, such being expressly waived by the Customer.
The Customer acknowledges that there have been media reports alleging concerns with the presence of mold in buildings. The Customer also agrees that there is no warranty or guarantee by COMFORT AIR HEATING COOLING & PLUMBING LLC, whether express or implied, that the air conditioning and ventilation system(s) and equipment are free from microbial contaminants, toxins, chemicals, asbestos, or hazardous materials and substances that have been determined by proper authorities to be detrimental to the safety or health and welfare or human and animal population and the environment and that such investigation is not included in the Services. The Customer hereby acknowledges and agrees that the liability of COMFORT AIR HEATING COOLING & PLUMBING LLC, its officers, employees, and agents is limited in all respects to the amount of the sums paid to COMFORT AIR HEATING COOLING & PLUMBING LLC pursuant to this Agreement, and the Customer hereby expressly waives and relinquishes all other claims, demands, actions, suits, and damages (including but not limited to consequential damages) arising from or in connection with the inspector’s performance pursuant to this agreement, or due to any negligence or acts or omissions of COMFORT AIR HEATING COOLING & PLUMBING LLC, its officers, employees, agents or sub-consultants, or arising from any entry onto or in the Project Site, or made by any third parties against the client in connection therewith.
The making of the final payment to COMFORT AIR HEATING COOLING & PLUMBING LLC shall constitute a waiver of all claims by the Customer. COMFORT AIR HEATING COOLING & PLUMBING LLC is not responsible nor liable for the consequences of the Customer’s failure to strictly follow COMFORT AIR HEATING COOLING & PLUMBING LLC’s directions for the performance of the Services or occupancy of the Property. Except as specifically set forth in writing in this Invoice or any written agreement for this service, COMFORT AIR HEATING COOLING & PLUMBING LLC makes no representations or warranties and hereby disclaims all representations and warranties, express and implied, written and oral, arising from course of dealing, course of performance, usage of trade, and otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, fitness or appropriateness for use in a particular location or condition, satisfaction for Purchaser’s particular requirements, quality, title, and non-infringement, in connection with the Services. COMFORT AIR HEATING COOLING & PLUMBING LLC shall not be liable for, Customer expressly waiving hereby, any direct, special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including, without limitation, lost revenues or lost profits, costs of application or reapplication, or damage to any substrate in the performance of the Services, whether or not any party had been advised of the possibility or probability thereof and even if the remedies otherwise available fail of their essential purpose, such being expressly waived by the Customer. The Customer acknowledges that there have been media reports alleging concerns with the presence of mold in buildings. The Customer also agrees that there is no warranty or guarantee by COMFORT AIR HEATING COOLING & PLUMBING LLC, whether express or implied, that the air conditioning and ventilation system(s) and equipment are free from microbial contaminants, toxins, chemicals, asbestos, or hazardous materials and substances that have been determined by proper authorities to be detrimental to the safety or health and welfare or human and animal population and the environment and that such investigation is not included in the Services. The Customer hereby acknowledges and agrees that the liability of COMFORT AIR HEATING COOLING & PLUMBING LLC, its officers, employees, and agents is limited in all respects to the amount of the sums paid to COMFORT AIR HEATING COOLING & PLUMBING LLC pursuant to this Agreement, and the Customer hereby expressly waives and relinquishes all other claims, demands, actions, suits, and damages (including but not limited to consequential damages) arising from or in connection with the inspector’s performance pursuant to this agreement, or due to any negligence or acts or omissions of COMFORT AIR HEATING COOLING & PLUMBING LLC, its officers, employees, agents or sub-consultants, or arising from any entry onto or in the Project Site, or made by any third parties against the client in connection therewith.
