Periodic Maintenance Agreement Terms

1. Periodic Maintenance Agreement (PMA) Terms
   1. Agreements renew per the terms listed on the agreement and payment is due prior to each inspection, or per established credit terms. Prices do not include applicable tax or surcharges and are subject to change without notice. Customer must submit 30-day written notice to cancel this agreement and any related inspections. Wolverine Power Systems reserves to the right to cancel this agreement at any time and is not liable for any losses or contingent liabilities arising from the operation of this system or the failure of this system to operate.  Wolverine Power Systems may also cancel this agreement and refuse service upon Customer’s failure to comply with the payment requirements set forth herein. In the event of Customer breach, Wolverine Power Systems assumes no obligation for continued service and shall not be liable for any damages, claims, or injuries of any nature or type, including consequential damages.
2. Force Majeure
   1. Any delay or failure of either party to perform its obligations under this agreement (other than failure to pay in any amounts due) will be excused to the extent that the delay or failure was caused directly by an event beyond such party’s control, without such party’s fault or negligence and that by its nature could not have been foreseen by such party or, if it could have been foreseen, was unavoidable (which events may include natural disasters, embargoes, explosions, riots, wars, acts of terrorism, outbreaks of disease, pandemics, epidemics, local or national emergencies, supply chain disruptions, strikes, labor stoppages or slowdowns or other industrial disturbances, and shortage of adequate power or transportation facilities).
3. Limitation of Liability
   1. The liability of Wolverine Power Systems and Customer for any losses or claims shall be limited to the purchase price for the goods and/or services plus any additional amounts due under this agreement. Notwithstanding any other provision in these terms and conditions, in no event shall either Wolverine Power Systems or Customer be liable to the other for any consequential, special, punitive or indirect damages, including, without limitation, damages or losses in the nature of business or service interruption, loss of use, diminution in value, loss of reputation, or loss of anticipated profits or revenue, arising out of or relating to any performance under or breach of this purchase order.