IF WE ARE ENGAGED TO PERFORM WORK ON YOUR BEHALF, WHETHER BY PURCHASE ORDER OR OTHER MEANS, OUR WORK IS PERFORMED SUBJECT TO THE LIMIATIONS OF LIABILITY PROVISIONS THAT FOLLOW.
Our proposal to perform the work described herein is an estimate of the total time and costs required to accomplish the listed objectives currently outlined. Subject to technical issues that may arise, including knowledge gained during the project itself, that results in a change in project direction or even additional work requirements, the final cost for the project may exceed this initial estimate. In the event this occurs, we will discuss these events and issues with the customer before continuing our work so that these extra costs are communicated, understood and agreed to by the customer. Should the additional work / charges not be agreed to by the customer we reserve the right to invoice for the work completed at that time and cancel any further efforts. In addition, any work not performed or cancelled during the project based on mutual consent with the customer will not be invoiced.
CHEMSULTANTS INTERNATIONAL, INC. LIMITATION OF LIABILITY
The parties acknowledge that the services rendered by CHEMSULTANTS INTERNATIONAL, Inc. are consulting in nature and are intended to assist, but not control, the customer in making its own determination as to the suitability of its product for a particular application. The parties agree that the customer has more complete knowledge concerning its product and retains final decision as to uses or applications for which its product is suitable.
The parties agree that CHEMSULTANTS INTERNATIONAL, Inc. shall not be liable for damage, death or personal injury sustained by the customer or any third party arising out of use of the product. The parties further agree that, under no circumstances, shall CHEMSULTANTS INTERNATIONAL, Inc. be liable for consequential damages of any nature (whether based on contract or tort) including, but not limited to, loss of profits, loss of production, delays or expenses, and the liability of CHEMSULTANTS INTERNATIONAL, Inc. shall not, under any circumstances, exceed the amount of its charges for services rendered.
In addition the parties agree that CHEMSULTANTS INTERNATIONAL, Inc. makes no warranties concerning its services including, but not limited to, warranties of merchantability or fitness for a particular application. The customer agrees to indemnify and hold harmless CHEMSULTANTS INTERNATIONAL, Inc. from any and all claims arising from use of the product by the customer or any third party.