Welcome to Mainline Industrial Solutions (“MIS,” “we,” “our,” “us”). By using our website, contacting our team, or engaging our services, you agree to these Terms & Conditions which govern Mainline Industrial Solutions’ performance of its services.
1. Limitation of Liability
1.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, MAINLINE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO MAINLINE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
1.2 IN NO EVENT SHALL MAINLINE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF MAINLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Warranty
2.1 Mainline warrants that all maintenance services performed under this Agreement will be performed in a professional and workmanlike manner consistent with industry standards for a period of thirty (30) days from completion of the services.
2.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, MAINLINE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
3. Indemnification
3.1 Mainline shall indemnify, defend, and hold Customer harmless from and against any third-party lawsuits alleging that the services provided by Mainline were the direct and proximate cause of personal injury or property damage.
3.2 Customer shall indemnify, defend, and hold Mainline harmless from and against any third-party lawsuits alleging that Customer was the direct and proximate cause of personal injury or property damage.
3.3 The indemnifying party’s obligations under this Section shall be reduced proportionally to the extent any negligent act or omission of the indemnified party contributed to the liability of the third-party.
4. Insurance
4.1 Mainline shall maintain, at its own expense, commercial general liability insurance with coverage limits sufficient to cover its obligations under this Agreement.
4.2 Upon Customer’s written request, Mainline shall provide certificates of insurance evidencing the coverage required by this Section.
5. Dispute Resolution
5.1 This Agreement shall be governed by the laws of the State of Georgia without regard to its conflict of laws provisions.
5.2 All claims, controversies, and disputes arising out of or relating to this Agreement shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
5.3 The arbitration proceedings shall be conducted by a single arbitrator.
5.4 Each party shall bear its own costs of arbitration, and all arbitration hearings shall be conducted in Greensboro, Georgia.
6. Force Majeure
6.1 Neither party shall be liable for any delay or failure to perform its obligations under this Agreement (except for payment obligations) to the extent such delay or failure results from causes beyond the party’s reasonable control, including but not limited to: labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, acts of God, epidemics, pandemics, global health emergencies, or other similar events (“Force Majeure Event”).
6.2 In the event of a Force Majeure Event, the non-performing party shall be excused from its obligations for the period of delay and for a reasonable time thereafter. The party shall use reasonable efforts to notify the other party of the occurrence of such event within three (3) business days of its occurrence.
6.3 Should the period of Force Majeure continue for more than sixty (60) consecutive days, either party may terminate this Agreement without liability to the other party, except for payments due as of the date of termination, by providing the other party with at least thirty (30) days prior written notice specifying the effective date of termination.
7. Termination and Survival
7.1 This Agreement shall commence on [DATE] and be effective for an initial term of one (1) year and will automatically renew for successive annual terms unless terminated according to Section 7.2.
7.2 Either party may terminate this Agreement if the other party is in material breach of the Agreement by providing thirty (30) days’ written notice outlining the facts and circumstances of the breach, and such breaching party fails to cure such breach within 30 days.
Either party may terminate this Agreement immediately upon written notice if the other party: (i) becomes or is declared insolvent or bankrupt; (ii) is subject to any voluntary or involuntary bankruptcy proceeding that is not dismissed within ninety (90) calendar days of filing; (iii) ceases business in the normal course; or (iv) makes an assignment for the benefit of creditors.
7.3 Upon termination of this Agreement for any reason, all provisions of this Agreement that by their nature should survive termination shall survive, including without limitation, accrued payment obligations, warranty disclaimers, indemnification obligations, limitations of liability, confidentiality obligations, and dispute resolution provisions.
8. Website Use
8.1 The content on our site (text, images, designs, logos, layout, and code) is owned or licensed by MIS. Personal, non-commercial viewing and sharing is permitted with attribution. Any reproduction, redistribution, scraping, automated harvesting, or commercial use requires prior written consent.
8.2 You agree not to introduce malware, attempt unauthorized access, or interfere with normal site operations.
Contact
Questions about these Terms or your project?
📞 (706) 534-1820
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