Terms and Conditions
Altadena Detailing
Release of Liability
The individual named below or as the party requesting the services (“I” or “me”) desires that Altadena Detailing (“Altadena” and collectively with me, the “Parties”) perform the requested car/automobile detailing services (the “Services”). As consideration of receiving such Services and in recognition of Altadena’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (this “Release”).
Services and Fees. Altadena shall provide the Services and I shall provide the corresponding fees as discussed between the Parties. For the avoidance of doubt, Services shall include all acts Altadena performs with respect to the specified vehicle, including all handling or driving of the vehicle, as applicable.
Limited Warranty. Altadena warrants that it shall perform the Services in a timely, workmanlike, and professional manner and (a) MAKES NO WARRANTIES EXCEPT FOR THOSE SET OUT ABOVE; AND (b) DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Altadena’s sole and exclusive liability and my sole and exclusive remedy for breach of the limited warranty set out in this Section shall be reperformance of the affected services.
Limitation of Liability. IN NO EVENT SHALL ALTADENA BE LIABLE TO ME OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT ALTADENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL ALTADENA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO ALTADENA PURSUANT TO THIS AGREEMENT.
General. This Release constitutes the sole and entire agreement between Altadena and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of Altadena and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California.