"Kayco Composites, LLC (subsequently referred to as KC) warrants the completed goods sold hereunder to be of the quality as set forth in KC published specifications, if any, or as may be otherwise stated in this contract. This warranty runs only to the customer, an only for a period of five years from date of shipment. The warranty described in this paragraph shall be in lieu of any other warranty, expressed or implied, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose. The exclusive remedy of the buyer is limited to replacement of the product by KC. KC shall not be liable for any loss, inconvenience, or damage, including direct, special, incidental, consequential, or indirect damages or lost profits, savings, or revenues or for deinstallation or reinstallation expenses of any kind resulting from the use or inability to use the product, whether resulting from a breach of warranty or any other legal theory. A representative of KC may have made oral statements about the merchandise described in this agreement. Such statements do not constitute warranties, shall not be relied on by customer, and are not part of the contract for sale. This writing constitutes the final expression of the party's agreement on warranties, and it is a complete and exclusive statement of the terms of that agreement."
Customer assumes all risk of patent infringement by reason of any use customer makes of the in combination with other material or in the operation of any process.
In no event shall KC be liable for indirect, contingent, or consequential damages, nor for interruption in customer's business or loss of profits.
It is agreed that customer assumes all risks and liability for results arising out of unloading, discharge, storage, handling, and use of any material covered by this contract, including the use of such material alone or in combination with other substances or in the operation of any process and for, or arising out of compliance or non-compliance with federal, state, municipal, or local laws and regulations with reference thereto, KC's liability for damages to customer under this contract or otherwise shall in no case exceed so much of the purchase price as is applicable to that portion of the particular shipment with respect to which such damages are claimed. KC assumes no liability for the failures or discharge or unloading implements or materials used by customer (whether or not supplied by KC). Failure to give notice of claim within 10(ten) days after the occurrence upon which such claim is founded shall constitute a waiver by customer of all claims. Customer shall pay freight and insurance costs, and all taxes applicable to this transaction other than the seller's income tax. In no event shall KC be liable for indirect, contingent, or consequential damages, nor for interruption of customer's business or loss of profits.
The FINANCE CHARGE entered on the billing date is computed by a periodic rate of 1-1/2%(or a minimum of $.50 cents on balance under $50.00 per month) which is an ANNUAL PERCENTAGE RATE of 18% applied to the previous balance before deducting credits, payments, or adding purchases appearing on this statement. To avoid additional FINANCE CHARGES pay the "Balance Due" before the billing date next month. Customer agrees to pay all costs of collection on past due accounts including the reasonable attorney's fees. Should any dispute arise with respect to this agreement, customer agrees to first submit such dispute to mediation in a good-faith attempt to resolve the dispute; should mediation be unsuccessful, the parties further agree to submit the dispute to binding arbitration at the JAMS Dispute Resolution Center in Dallas, TX, pursuant to the JAMS Comprehensive Arbitration Rules and Procedures (Streamlined Arbitration Rules and Procedures).
Acceptance of this agreement is limited to terms and conditions stated on this invoice. Any modification to this agreement must be made in writing and signed by both parties.