Limitation of Liability

LAST REVISED: JUNE 17, 2019

 

Notwithstanding anything to the contrary in this agreement, under no circumstances will GARP, its employees, officers or directors, agents, successors or assigns be liable to you or any third party based upon breach of warranty, breach of contract, negligence, strict tort liability (including negligence) or other legal or equitable theory, for any special, incidental, punitive, exemplary, indirect or consequential costs or damages, including, without limitation, lost revenues and profits, cost, and/or expenses, arising out of or relating in any way to the subject matter of this agreement, including resulting from any delays or postponements in administering an examination, or any cancellation of an examination or examination date, whether or not you have been advised of the possibility of such damage.

To the extent an exam has been cancelled or delayed the maximum liability, if any, of GARP hereunder, including, without limitation, contract damages and damages for injuries to persons or property, whether arising from a breach of these terms and conditions, breach of warranty, negligence, strict liability, or other tort with respect to the examination, any products, or any services in connection with the examination or products shall be limited to reimbursement of cancellation or rescheduling fees actually incurred by you in an amount not to exceed the lesser of (a) your documented cancellation or rescheduling fees to cancel or reschedule travel reservations for only transportation and lodging, specifically for travel for the cancelled or delayed examination that were booked more than 24 hours prior to the date of notification from GARP of the cancellation or delay of the examination and that were cancelled within 24 hours following the notification from GARP ("rescheduling fees"); provided that you use best efforts to minimize such rescheduling fees, or (b) three hundred dollars US ($300) of rescheduling fees. All reimbursements are subject to you providing sufficient and adequate documentation to show the date of correspondence with the transportation and/or lodging provider and the efforts made to minimize the rescheduling fees.

Except for the limited warranties set forth herein the examination, products, and services in connection with the examination and products are provided “as is” and “with all faults,” and GARP makes no other warranty of any kind to you or any other person, express, implied or statutory, with respect to the examination, products, or services in connection with the examination and products, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement and all such warranties are hereby excluded by GARP and waived by you.