TERMS & CONDITIONS

By signature above, the client hereby agrees that Chivalry Plumbing, Heating, & Cooling is authorized to proceed with the work/services set forth herein, and the client shall immediately pay the price for said work/services set forth herein, including all applicable taxes, immediately upon completion of said work/services.

All notices and demands under this Agreement shall be made in writing and shall be sent by hand delivery, certified mail, return receipt requested, or by nationally recognized overnight courier service to the address of the Party first set forth above. Any Party may change its address for purposes of notice by sending a notice thereof to the other Party in the manner herein provided. Any notice shall be deemed to be received three (3) days after the date of mailing, if sent by certified mail, return receipt requested, or upon delivery, if hand delivered or sent by overnight courier service, notwithstanding any refusal to accept delivery by the addressee thereof.

This Agreement and all matters relating hereto shall be governed by and interpreted in accordance with the laws of the State of New York applicable to agreements entered into and performed wholly within the State of New York, and without regard to its conflict of law principles. Any actions upon or arising out of this Agreement shall be brought solely and exclusively in the Courts of the County of Nassau, State of New York. The prevailing party in any such action shall be entitled to the costs and reasonable attorneys’ fees incurred in connection therewith.

If any provision of this Agreement shall be declared invalid or illegal for any reason whatsoever, then, notwithstanding such invalidity or illegality, the remaining terms and provisions of this Agreement shall remain in full force and effect in the same manner as if the invalid or illegal provision had not been contained herein.

This Agreement contains the entire agreement and understanding between the Parties hereto relating to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the Parties with respect to the subject matter hereof. This Agreement may not be and shall not be deemed or construed to have been modified, amended, rescinded or canceled in whole or in part, except by written instrument signed by the Parties hereto which makes specific reference to this Agreement and which specifies that this Agreement is being modified, amended, rescinded or canceled.

No failure on the part of either Party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or a future exercise thereof or the exercise of any other right or remedy granted hereby, or by any related document, or by law. Any failure of a Party to comply with any obligation contained in this Agreement may be waived by the Party entitled to the benefit thereof only by a written instrument duly executed and delivered by the Party granting such waiver, which instrument makes specific reference to this Agreement and the provision to which it relates and describes the right or obligation consented to, waived or purported to be violated.

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES SUFFERED OR INCURRED BY SUCH OTHER PARTY IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR DAMAGES DUE TO GROSS NEGLIGENCE OR WILLFULL MISCONDUCT, CHIVALRY’S LIABILITY FOR DAMAGES OF ANY TYPE RELATED TO OR ARISING OUT OF THE WORK AND/OR THIS AGREEMENT IS LIMITED TO AND SHALL NOT EXCEED THE SUM PAID TO CHIVALRY UNDER THIS AGREEMENT.

This Agreement may be executed in several counterparts, each of which will be deemed an original, and all of which taken together will constitute one single Agreement between the Parties with the same effect as if all the signatures were upon the same instrument. Further, facsimile, pdf, e-mail, electronic, or digital copies of signatures on this Agreement shall be binding and have the same force and effect as if they were originals.