Installation Warranty. Heritage Vine, Inc. warrants to you, the Customer, that that materials and equipment furnished under this Agreement will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the work performed by Heritage Vine to install these materials and equipment will be free from defects as defined by the relevant Contract Documents.
Third-Party Parts and Equipment Warranties. Unless specifically stated, the parts and equipment provided to the Customer are not manufactured by Heritage Vine. Any warranties for those items are provided by their respective manufacturers, under the manufacturer’s terms and conditions. Although Heritage Vine does not provide separate warranties for properly-installed parts and equipment, Heritage Vine will cooperate with the Customer to present any warranty claims and will if necessary assign any warranties to the Customer.
Term of Warranties. If within one year after the date of completion any Work is found to be defective, Heritage Vine will promptly, without cost to the Customer, either correct such defective Work or remove and replace it with non-defective Work.
Exclusions and Limitations: Heritage Vine’s warranty hereunder excludes defects or damage caused in whole or in part by: (a) normal wear and tear; (b) weather damage; (c) acts of God; (d) failure to install, or improper installation of, insulation or a vapor barrier; and (e) abuse, modification, or improper maintenance. Customer warrants the accuracy of all information provided to Heritage Vine. Heritage Vine provides no warranties – express or implied - other than those stated expressly herein. Heritage Vine disclaims all other warranties, including but not limited to warranties of fitness for a particular purpose and merchantability. Heritage Vine’s total liability to the Customer under any theory shall not exceed the amount the Customer has actually paid to Heritage Vine for the equipment and installation at issue. The parties waive subrogation as well as claims for consequential and punitive damages.
Venue, Jurisdiction, and Choice of Law. The substantive law of the jurisdiction of installation governs this Warranty. The parties agree to exclusive venue and jurisdiction in the courts located in the jurisdiction of installation for any disputes relating to the installation, equipment, or other matters relating thereto.
General Provisions. All remedies are contractual. Each party waives subrogation. The prevailing party in any dispute in any judicial or administrative tribunal will be entitled to its reasonable attorneys’ fees and its reasonable costs, expenses, expert witness fees and costs, and out-of-pocket costs incurred in any dispute (collectively, “Dispute Expenses”). The reasonableness of attorneys’ fees will be measured by the then-prevailing construction litigation hourly rates for legal professionals in the jurisdiction of installation. If a tribunal lacks jurisdiction or authority to award some or all of a successful Party’s Dispute Expenses, the successful Party may sue to collect those Dispute Expenses and all collection and attorneys’ fees and costs incurred in that suit. Each party waives any right to a jury trial on any issue.