Warranty and Disclaimer of Warranties. EPM warrants that its winterization services shall be provided in a workmanlike manner. EPM hereby expressly disclaims any and all other warranties, either express or implied, including any implied warranties of merchantability and fitness for a particular purpose.
LIMITATION OF LIABILITY. Even if boat winterization service is performed (at any level), the EPM Member signing below expressly acknowledges and agrees that damages may still occur to the boat engine, generator, water lines and/or fresh water system, and/or other parts of the boat due to (1) a boat’s condition and/or inability to drain properly during the winterization service, and/or (2) inclement weather, freezing temperatures, water infiltration, and/or a combination of any of the foregoing after any winterization is performed, and/or (3) a combination of any other unknown factors. The EPM Member signing below expressly acknowledges and agrees that EPM cannot and is not making any guarantee or representation of any kind that EPM’s winterization service(s) will prevent damage. Furthermore, the EPM Member signing below expressly acknowledges and agrees that EPM is making no guarantee or representation of any kind regarding the characteristics, benefits, sponsorship, approval, status, affiliation, standard, quality, or grade of the goods and/or services provided pursuant to this agreement. ACCORDINGLY, BY SIGNING THIS AGREEMENT, THE EPM MEMBER SIGNING BELOW EXPRESSLY AGREES THAT EPM’S LIABILITY FOR ANY GOODS PROVIDED
AND/OR SERVICES PERFORMED PURSUANT TO THIS AGREEMENT ARE LIMITED TO THE AMOUNT PAID TO EPM UNDER THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL CLAIMS AND CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY (EXPRESS OR IMPLIED), NEGLIGENCE, STRICT LIABILITY, VIOLATIONS OF THE DECEPTIVE TRADE PRACTICES ACT, MISREPRESATIONS, ANY OTHER CONTRACTUAL OR TORTIOUS CLAIMS, AND CLAIMS FOR ATTORNEY FEES.