ACCEPTANCE. The proposal provided and any writings incorporated by reference (collectively, the "Agreement") may be accepted by any definite and reasonable expression of acceptance. Acceptance is limited to the terms and conditions of the agreement; no additional or different terms or conditions contained in any acceptance shall become part of the contract formed due to such acceptance. This agreement may not be modified except by a written agreement signed by a duly authorized representative of Renew Floor Coatings, LLC. 

FORCE MAJEURE. Renew Floor Coatings, LLC shall not be liable for any failure of any performance under this agreement if such loss is occasioned by war, labor shortage, materials shortage, fire, flood or by any act of God, or any other cause beyond the control of Renew Floor Coatings, LLC. Time is not of the essence with respect to Renew Floor Coatings, LLC's performance hereunder. 

PAYMENT AND TERMS. The sales price shall be as stated in the proposal. The services to be provided by Renew Floor Coatings, LLC are limited to those delineated explicitly on the proposal. Payment is due upon receipt of invoice, time being of the essence. Accounts past due shall be charged a late fee at a rate of 15% per month (or 10% per month if a "consumer transaction" as defined under applicable law), or the maximum amount permitted by law, from the date of invoice. To the extent permitted by applicable law, the buyer shall be liable to Renew Floor Coatings, LLC for all collection costs, including but not limited to actual reasonable attorney fees incurred by Renew Floor Coatings, LLC in connection with actions or efforts to collect any balance owed by the buyer. 

THREE DAY RIGHT TO CANCEL. Federal Laws and Wisconsin Consumer Act grant consumers the right to cancel certain consumer transactions within three business days. This provision applies to transactions valued in excess of $25.00, where the transaction was initiated face-to-face away from the merchant's regular place of business, or where the transaction is directed to the particular customer via conventional mail, electronic mail, or telephone solicitation. The buyer may cancel the transaction by mailing or delivering a written notice to Renew Floor Coatings, LLC before midnight of the third business day after the buyer has accepted the proposal. 

LIMITATION OF WARRANTY. Renew Floor Coatings, LLC shall not be liable to the buyer or anyone claiming by, through, or under buyer for any error of judgment or mistake of law or any loss, except a loss resulting from willful malfeasance, bad faith, or gross negligence on the part of Renew Floor Coatings, LLC. EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY, Renew Floor Coatings, LLC MAKES NO ADDITIONAL WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER. ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY IMPLIED WARRANTY THAT THE GOODS OR SERVICES ARE FIT FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. 

LIMITATION OF LIABILITY. Notwithstanding any other provision, the total liability, in the aggregate, of Renew Floor Coatings, LLC and Renew Floor Coatings, LLC's officers, directors, employees, and agents to the buyer for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the goods or services provided by Renew Floor Coatings, LLC shall not exceed the amounts received by Renew Floor Coatings, LLC from Buyer. Notwithstanding any other provision, Renew Floor Coatings, LLC and Renew Floor Coatings, LLC's officers, directors, employees, and agents shall not be liable to the buyer for any special, incidental, indirect, or consequential damages whatsoever.

EXCLUSIVE REMEDY. Buyer's sole and exclusive remedy for breach of any warranty hereunder shall be the repair or replacement of any defective goods or services at Renew Floor Coatings, LLC's expense. Renew Floor Coatings, LLC shall have no liability under the foregoing warranty unless the buyer, at its expense, has provided Renew Floor Coatings, LLC a clear written statement describing the alleged defect, its consequences, and, if applicable, returned the allegedly defective product to Renew Floor Coatings, LLC.

ACCEPTANCE OF WORK PRODUCT. Buyer shall inspect all work completed by Renew Floor Coatings, LLC. Buyer shall be deemed to have irrevocably accepted the work as conforming to the contract if the buyer has not given to Renew Floor Coatings, LLC a written notice of rejection, describing in detail the basis for rejection, within two (2) days after installation. In the event of rejection, Renew Floor Coatings, LLC shall have a reasonable amount of time to revise and resubmit the work to the buyer, in which case the previous provisions shall again apply regarding acceptance by the buyer. 

GOVERNING LAW; JURISDICTION. This agreement shall be governed by, construed, and enforced according to the laws of Wisconsin, exclusive of Wisconsin's conflict of laws provisions. Any and all claims, questions, or disputes regarding the interpretation performance and enforceability of this agreement, the rights and remedies of the parties hereunder, and all related actions or counterclaims shall be initiated and or prosecuted exclusively in Outagamie County Circuit Court, Appleton, Wisconsin. The parties further agree to submit to the jurisdiction of said courts.

ENTIRE AGREEMENT. This agreement is the entire agreement between the parties with respect to the transaction contemplated herein and supersedes all previous written or oral negotiations, commitments, and writings. No promises, agreements, representations, or warranties with respect to said transaction have been made by any of the parties except as set forth herein.

BINDING EFFECT. This agreement shall bind and benefit the parties and their respective personal and legal representatives, heirs, successors, and permitted assigns. 

AUTHORITY. Each party warrants to the other party that it has the authority to enter into this agreement and that all necessary corporate or other approvals have been or will be obtained. 

WAIVER. The failure of either party to insist on strict performance of this agreement by the other, according to the terms and understanding herein set forth, shall not be construed as a waiver of the right to insist on such performance and no waiver by either party of any breach by the other of any provisions hereof shall be deemed a waiver of any other prior or subsequent breach.

SEVERABILITY. Each provision of this agreement shall be considered severable, and if for any reason any provision or provisions of this agreement are determined to be invalid and contrary to any existing or future law, the invalidity shall not affect or impair the operation of those portions of this agreement that are valid, or the application of such provisions in situations in which they are not invalid.

Lien Notice

AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAW, Renew Floor Coatings, LLC, HEREBY NOTIFIES BUYER THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE CONSTRUCTION ON BUYER'S LAND MAY HAVE LIEN RIGHTS ON BUYER'S LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION, TO Renew Floor Coatings, LLC, ARE THOSE WHO CONTRACT DIRECTLY WITH THE BUYER OR THOSE WHO GIVE THE BUYER NOTICE WITHIN 60 DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION. ACCORDINGLY, THE BUYER MAY RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY. RENEW AGREES TO COOPERATE WITH THE BUYER AND THE BUYER'S LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID.