Woodland Quiltworks Disclaimer

Woodland Quiltworks Disclaimer

Disclaimer

By signing the work order request form you agree to the following terms and conditions.

I am the owner of the quilt or machine described on work order request forms, or the authorized agent of the owner.  Work will be completed per instructions provided in writing on the order request, unless approved by both parties.

Additional fees to apply if Provider incurs expenses or lost time for, but not limited to; correction of improper project preparation, excessive trimming, piecing, repairing seams, ironing or pet hair removal.

Cost estimates are not a guarantee of final project price.

Woodland Quiltworks, LLC's ("Provider") performance of the services listed is limited by among other things, the pre-existing conditions and characteristics of the machine, quilt top or other materials provided.  Provider expressly disclaims any responsibility of liability for any preexisting condition.  Provider will not be responsible for variables that may result due to ironing, fabric bleed, piercing, piecing, seaming, trimming, squaring of blocks, machinery failure, computer and/or software malfunction and any other occurrence that may result in an undesirable outcome.

PROVIDER SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES AND ALL IMPLIED MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, CUSTOM OR USAGE OF TRADE.  THIS CONTRACT PROVIDES FOR THE PROVISION OF SERVICES AND DOES NOT PROVIDE SPECIFIC PROVISIONS FOR SALE OF GOODS.  IN NO EVENT SHALL PROVIDER, ITS OWNERS, EMPLOYEES, AGENTS, OR AFFILIATES BE RESPONSIBLE FOR INDIRECT, SPECIAL, NOMINAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, OR FOR ANY PENALTIES, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ASSERTED, INCLUDING CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF IT HAD BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE; OR FOR CLAIMS BY A THIRD PARTY.  THE MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES OR ACTUAL PROVEN DAMAGES, WHICHEVER IS LESS.  IT IS EXPRESSLY AGREED THAT THE CUSTOMER'S REMEDY EXPRESSED HEREIN IS CUSTOMER'S EXCLUSIVE REMEDY.  THE LIMITATIONS SET FORTH HEREIN SHALL APPLY EVEN IF ANY OTHER REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.  Some states/countries do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you. Should legal action be brought under the terms of this Contract or arise out of the performance of the Services, or should the matter be turned over for collection, Provider shall be entitled, to the fullest extent permitted under law, to reasonable Legal fees and costs of collection, in addition to any other amounts owed by Client. Any claim by Client for faulty performance, for nonperformance or breach under this Contract for damages shall be made in writing to Provider within seven (7) calendar days after Client  has been notified of job completion and/or invoicing or five (5) calendar days post payment, whichever occurs first. Failure to make such a written claim for any matter which could have been corrected by Provider shall be deemed a waiver by Client.

Unclaimed items will be considered surrendered to Provider after 45 days. After sale of surrendered item, Client may be billed for any amount remaining delinquent on the account.

Payment is due on receipt as reflected by invoicing date.  Receipt may be defined as Provider delivering items in the same method as used when received by Provider including but not limited to leaving items at local quilt shops for retrieval by Client. A $35.00 return check fee applies to any check rejected by banking institution for any reason.   A finance charge of 21.99% per month in addition to a $35.00 per month late fee will be added for balances not paid within thirty (30) days after invoicing and delivery.  Finance charges and late fees will be compounded monthly and will be added each thirty (30) day period until account is paid in full. Client shall be responsible for any costs incurred, including an additional cost of 25% of the outstanding balance if Provider hires an outside collection agency to assist in collecting the amounts due. Provider shall be entitled to an additional cost of $100.00 each day a court appearance is required to settle a Warrant in Debt filed against Client.