Acceptance of Services Provided & Limitation of Liability
ACCEPTANCE OF SERVICES PROVIDED; TERMINATION OF RIGHT TO MAKE A CLAIM. In consideration of the covenants, agreements, services, and undertakings of and by MAD Moving LLC under this Invoice, Customer hereby acknowledges, accepts and agrees that final payment by Customer of the Invoice constitutes a complete, total, irrevocable and binding release, waiver and discharge by Customer of any and all actions, causes of action, suits, losses, liabilities, rights, debts, dues, obligations, costs, expenses, liens, bills, covenants, controversies, agreements, promises, damages, judgments, claims, and demands, of every kind and nature whatsoever, whether now known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law, admiralty, or equity, which any of Customer and/or its present and former owners, shareholders, members, beneficial owners, subsidiaries, affiliates, officers, directors, managers and its and their respective successors and assigns (collectively, “Representatives”), ever had, now have, or hereafter can, shall, or may have against East Consulting Group and/or any of its Representatives for, upon, or by reason of any matter, cause, or thing whatsoever from the beginning of time through such final payment of the Invoice by Customer and claims relating to rights and obligations preserved by, created by, or otherwise arising out of this Invoice.
LIMITATION OF LIABILITY. EXCEPT FOR AS PROVIDED FOR HEREIN, MAD MOVING LLC DISCLAIMS ANY AND ALL ORAL OR IMPLIED WARRANTIES, WHETHER EXPRESS OR IMPLIED. THE MAXIMUM LIABILITY, IF ANY, OF MAD MOVING, LLC FOR ALL DAMAGES, INCLUDING, WITHOUT LIMITATION, CONTRACT DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, INDEMNITY, BREACH OF AN OBLIGATION TO REPAIR, REPLACE OR OVERHAUL, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR OTHERWISE, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE AGGREGATE TOTAL INVOICE ACTUALLY PAID BY CUSTOMER UNDER THIS INVOICE. NOTWITHSTANDING ANYTHING IN THIS INVOICE TO THE CONTRARY, IN NO EVENT SHALL MAD MOVING LLC HAVE ANY LIABILITY TO CUSTOMER FOR ANY LOSS OF PROFITS, REVENUE, OR PROFIT OR FOR ANY LOSS OF USE, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, OR OTHERWISE), REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE.