PERFORMANCE FLOOR COATING SYSTEMS, INC. (PFCS) SHALL WARRANTY ITS WORK AGAINST FLAKING AND PEELING FOR A PERIOD OF ONE YEAR FROM THE INVOICE DATE PROVIDING THE JOB HAS BEEN PAID IN FULL TO TERMS. PFCS CANNOT WARRANTY AN EXISTING COATING ADHESION TO THE CONCRETE OR ANY WORK THAT WE HAVE NOT PERFORMED. THIS WARRANTY APPLIES TO FLAKING OR CHIPPING COATINGS CAUSED AS A DIRECT RESULT OF PRODUCT FAILURE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF PFCS UNDER THIS WARRANTY WILL BE AT THE OPTION OF PFCS, TO PATCH FAILING AREA/AREAS OR RECOAT ALL COATED AREAS PFCS DEEMS ADVISABLE.
THE EXPRESS WARRANTIES SET FORTH IN THIS CONTRACT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CUSTOMER AGREES THAT ITS EXCLUSIVE REMEDIES, AND THE ENTIRE LIABILITY OF PFCS WITH RESPECT TO THE SPECIFIED FLOOR COATINGS, ARE SET FORTH IN THIS AGREEMENT. PFCS WILL NOT BE LIABLE TO CUSTOMER FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR ITS USE OF THE FLOOR COATING OR THE BREACH OF ANY WARRANTY.
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