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11-02-2010, 01:26 AM #7
Hi,
I think the consensus here is to wait about 21 days to see if it turns up. Then if they are still missing ask them to provide proof of value and go from there on negotiating a settlement.
You may also want to consider adding limited liability clause to your terms of service. Something like this:
1. Limitation of Remedies In no way shall honemister be liable for any damages beyond the scope of the Work contracted, consequential or other wise. Honemister and its suppliers’ entire liability and the Clients exclusive remedy shall be, at honemister’s option to repair or replace the Work contracted with like work or similar Work created byhonemister.
2. No Liability for Consequential Damages. To the maximum extent permitted by applicable law, in no event shall honemister or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or any other pecuniary loss) arising out of the use of or inability to use the Work contracted.
- Mike