Disclaimer

Disclaimer of Warranty

Except as otherwise provided, Built by Becker, Becker Custom Builders, Inc., Becker Maintenance (collectively "Becker"), and their officers, directors, employees, and agents make no other warranty, express or implied, and make no warranty of merchantability of fitness for any particular purpose. Any products, services, content, and materials are provided by Becker on an "As Is" and "As Available" basis. Becker make no representations or warranties of any kind, express or implied, as to the operation of their products and services, or the content or material included therein. You (Owner) expressly agree that your use of their products, services, content, and materials obtained from Becker is at your sole risk.

Neither Becker nor any person or entity associated with Becker make any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of their products, services, content, and materials. Without limiting the foregoing, neither Becker, nor anyone associated with Becker represent or warrant that such products, services, and content, or any services or products obtained through them, will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the products, services, content, and materials, or the providers that make them available, are free of any harmful components or that the products and services or any items obtained through the services will otherwise meet your needs or expectations.

Becker hereby disclaim all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

By this Disclaimer, Becker hereby give notice that any statement made by Becker in the sale of their products, services, content, and materials will not create any warranty that any item obtained from them is fit for any particular purpose. Statements or descriptions are informational only, and not made or given as a warranty in any way. Any workmanship warranty does not apply to any product, service, content, or material that has been repaired or altered outside Becker facilities or in any way so as, in the judgment of Becker to affect its stability or reliability, or which has been subject to misuse, negligence, or accident. Warranties do not apply to any products, services, content, and materials supplied by Becker that have not been operated in accordance with Becker printed instructions or that has been operated beyond the rated capacity of the item.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation of Remedies

You (Owner) agree that the sole liability of Becker by virtue of any workmanship warranty (or if any other warranty or guarantee is deemed to have been made) by Becker is refunding payments made for the products, services, content, and materials. No warranty made by Becker shall be binding on Becker after five years from the date of supplying the product, service, content, and material. No liability for any special, indirect, or consequential damages of any nature is assumed by or shall be imposed on Becker based upon its undertakings in this Disclaimer.

Limitation of Liability

Except as prohibited by law, You (Owner) will hold Becker and their officers, directors, employees, and agents harmless for any direct, indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and alternative dispute resolution, or at trial or on appeal, if any, whether or not litigation or an alternative dispute resolution process is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this Disclaimer, including without limitation any claim for personal injury or property damage, arising from this Disclaimer and any violation by You (Owner) of any federal, state, or local laws, statutes, rules, or regulations, even if Becker has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of Becker it will be limited to the amount paid for the products, services, content, or materials, and under no circumstances will there be consequential or punitive damages.

It is your (Owner) duty to notify Becker in writing within 15 days of the occurrence of any claim, defect, or deficiency arising out of products, services, content, and materials provided by Becker. Your failure to provide written notice of the occurrence shall result in you (Owner) waiving all claims that may be brought against Becker and their officers, directors, employees, and agents arising out of or relating to the occurrence, including claims arising in law, equity, contract, warranty (express or implied), tort, or federal or state statutory claims.

Force Majeure

Becker shall not be liable for any damage, whether actual or consequential, or claim arising out of or relating to force majeure, acts of god, accidents, civil disturbances, delay, non-delivery or default in obtaining products, services, content, and materials, labor disputes, transportation shortages, delays in receipt of products, services, content, and materials, priorities, fires, weather conditions, strikes, war, and all other causes beyond the control of Becker affecting Becker or their suppliers, including delays caused by any act or neglect of you (Owner), by any separate contractor employed by you (Owner), or by changes ordered by you in the products, services, content, and materials. If Becker in their sole judgment, shall be prevented directly or indirectly, on account of any cause beyond its control, from delivering the products, services, content, or materials purchased at the time specified or within one month after the date of purchase by you (Owner), then Becker shall have the right to terminate such purchase agreement by notice in writing to you (Owner), which notice shall be accompanied by full refund of all sums paid by you (Owner) pursuant to such purchase agreement.

No Waiver

The failure of either party to this Disclaimer to insist upon the performance of any of the terms and conditions of this Disclaimer, or the waiver of any breach of any of the terms and conditions of this Disclaimer, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

Warning Regarding Misuse

Becker disclaim any and all liability for damages of any nature resulting from misuse. Any dispute under this Disclaimer shall be required to be resolved by mediation of the parties hereto. If the parties cannot agree on a mediator, each party shall select one mediator and both mediators shall then select a third. The third mediator so selected shall arbitrate said dispute.