Terms and Conditions
Terms and Conditions
Representations and Assignment
Customer represents that he/she has the authority to enter into this Agreement. This Agreement may not be assigned by Customer without the advance written consent of HS.
Right to Subcontract
HS, in its sole discretion, may subcontract any of the repairs or services.
Notice and Right to Cure
The parties agree that no claim may be made for breach of this Agreement unless the aggrieved party shall provide written notice of the alleged breach to the other party. Such notice shall provide the receiving party a period of thirty (30) days to cure any alleged defect in its performance.
Warranty Disclaimer
HS will provide all services in a good and workmanlike manner. Except for the express warranties stated herein, FS DISCLAIMS ALL WARRANTIES INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Attorney’s Fees
If HS incurs attorney’s fees, expenses or costs as a result of the Customer’s failure to honor his/her obligations under this Agreement, Customer agrees to pay HS its attorney’s fees, expenses and costs regardless if either party initiates litigation or arbitration.
Force Majeure
Any delay or failure by the parties in their performance of this Agreement will be excused to the extent that the delay or failures are due solely to causes beyond the reasonable control of such Party. Such causes include, but are not limited to, any act of God, fire, casualty, flood, tornado, war, strike, lockout and failure of public facilities.
ARBITRATION
Any controversy, claim, cause of action, or other dispute arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, whether in tort, contract, consumer fraud or otherwise, except a cause of action or claim by FSC to recover full payment from Customer, shall be resolved by binding arbitration before a single arbitrator in Cook County, Illinois in accordance with the rules and procedures of the American Arbitration Association, and judgment upon any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
WAIVER OF JURY TRIAL
The parties hereby WAIVE THE RIGHT OF TRIAL BY JURY WITH RESPECT TO ANY ACTION ARISING OUT OF THIS AGREEMENT.
Reduced Time to Bring a Legal Claim
Regardless of the applicable statute of limitations and regardless of when the Customer discovers any defect(s) or problem(s), the Customer hereby agrees that any arbitration or litigation arising from the repairs or services performed by HS shall be filed within one (1) year after the date of completion of the applicable repair or service, after which any such lawsuit(s) and claim(s) will be forever barred.
Release and Limitation of Liability
In the event that HS, its agents, employees and independent contractors are found liable under any theory of liability related to any work performed pursuant to this Agreement, then the liability of HS, its agents, employees and independent contractors shall be limited to a sum equal to the fee paid by Customer to HS for the applicable repair or service. Customer agrees that HS will not be liable for any incidental, consequential or punitive damages regardless of HS’s fault or negligence.
Governing Law, Jurisdiction & Venue
This Agreement shall be interpreted and construed in accordance with the laws of the State of Illinois. Except as set forth in the section entitled “Arbitration,” the parties agree to commence any action, suit or proceeding against one another only in the Circuit Court of Cook County, Illinois.
Severability
Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, unimpaired by the court’s holding.
Entire Agreement
This Agreement sets forth the entire agreement and understanding of the parties relating to its subject matter and merges all prior discussions between them. Neither party shall be bound by any definition, condition, warranty or representation other than as expressly stated in this Agreement. Any amendment, waiver or modification of the terms of this Agreement must be in writing and signed by the parties.