Stone Improvement’s Disclaimer for All Clients
Payment for the total price of Invoice is required within 30 days of job completion. Late charges will be imposed on any balance remaining unpaid after 30 days computed at 1.5% per month (18% per year).
No Warranty. The products used by Stone Improvement Inc. have been tested and are applied by Stone Improvement in accordance with the manufacturer’s published specifications. Stone Improvement does not warrant that these products will perform in accordance with the manufacturer’s published specifications. Stone Improvement will provide specification sheets regarding the products used upon request. Any warranty information regarding the products used must be verified independently and are not assumed by Stone Improvement.
Specific Disclaimers: The authorized customer by signing a Stone Improvement Invoice acknowledges being advised of and specifically disclaims Stone Improvement from any liability due to 1) Damage caused to previously damaged grout as the result of the high water pressure extractor cleaning process and 2) Damage caused because substrates are not properly waterproofed prior to the application of any non-breathable coating and 3) damage from the removal of masking tape and 4) damage caused due to the use of cleaning supplies and solvents that are not recommended by the manufacturer of the products applied by Stone Improvement.
STONE IMPROVEMENT MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND DISCLAIMS ANY WARRANTY OF ANY OTHER KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
STONE IMPROVEMENT AND CUSTOMER AGREE THAT THE SOLE AND EXCLUSIVE REMEDY FOR NONCONFORMING SERVICES IS LIMITED TO THE LESSER COST OF REPLACEMENT OF NONCONFORMING SERVICES OR REFUND OF THE INVOICE AMOUNT.
Limitation on Bringing Action. Any action arising under any Stone Improvement Invoice or because of its breach must be commenced within 1 year after the cause of action accrues. Any action to enforce or interpret any Stone Improvement Invoice or to resolve disputes between the parties to any Stone Improvement Invoice shall be settled by arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall be the exclusive dispute resolution process in the State of California. Any party may commence arbitration by sending a written demand for arbitration to the other parties. Such demand shall set forth the nature of the matter to be resolved by arbitration. Arbitration shall be conducted at San Francisco, California. The substantive law of the State of California shall be applied by the arbitrator to the resolution of the dispute. The parties shall share equally all initial costs of arbitration. The prevailing party shall be entitled to reimbursement of attorney fees, costs, and expenses incurred in connection with the arbitration. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof. The Parties recognize they are waiving their right to a jury trial.