Common use of No Express or Implied Warranties Clause in Contracts

No Express or Implied Warranties. Except as provided by in this Agreement, Powerhouse neither makes nor shall be deemed to have made any warranty or representation, express or implied, concerning any Equipment, including, without limitation, any warranty or representation as to design, quality, or condition of Equipment, or as to the merchantability or fitness of Equipment for any particular purpose or to any other matter relating to the Equipment in which Powerhouse is providing Services. Customer hereby agrees to waive and make no claim for breach of warranty arising from any cause whatsoever. GENERAL Powerhouse personnel will not, under any circumstance, export steam, hot water or other services into a Customer’s system. Powerhouse assumes no liability to Customer-owned equipment and will not be held liable as direct or indirect damages, under any circumstance. Customer shall indemnify Powerhouse and hold Powerhouse harmless against all claims, losses, actions, costs, damages and liabilities of any nature whatsoever resulting from unsafe conditions. JOB SITE CONDITIONS AND SAFETY Customer’s worksite must be safe, accessible and free of all obstructions. All required utilities for proper operation of equipment must be readily available. Powerhouse will not perform any work on Equipment in disrepair or out of inspection. Powerhouse reserves the right to stop work due to unsafe conditions. Powerhouse’s personnel will be responsible for basic personal protective equipment (“PPE”). If worksite requires additional PPE, Customer shall provide such PPE to Powerhouse’s personnel at Customer’s expense. Services may be delayed if additional PPE is not readily available to Customer’s personnel. Customer shall be solely responsible for training Powerhouse’s personnel in its worksite safety protocols and rules. SUBCONTRACTORS Powerhouse may subcontract all or a portion of the work required. Subcontractor shall agree to perform work in compliance with set forth terms and conditions. Subcontracting of any work will not result in any rate increases. DELAYS/FORCE MAJEURE Powerhouse shall not be liable for loss or damage to Customer from delay in delivery of the Services resulting from causes beyond Powerhouse’s reasonable control such as strikes or labor difficulties, lockouts, acts or omissions of any governmental authority of the Powerhouse, insurrection or riot, terrorism or threats of terrorism, war, fires, floods, Acts of God, breakdown of essential machinery, accidents, embargoes, car and material shortages, delays in transportation, or inability to obtain labor, materials or parts from usual sources. Any such delay shall be excused for the time reasonably necessary to compensate for the delay. BILLING RECORDS Service reports will be kept by Powerhouse personnel detailing work performed, hours worked, parts/materials used and any Customer directives. These records are available upon request for Customer review.