WARRANTY
AND RESPONSIBILITY |
It
is recognized that conditions
in and about any well or work
may involve hazards
to
life and property and obstacles
to the functioning of products
and the performance of services,
and that such conditions are
not and never have been subject
to inspection or control by
Magnum Mud Equipment Co.,
Inc. |
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| 1.
Magnum Mud Equipment Co., Inc.
warrants only that products,
or partstherefor,
sold or rented to customers
shall be free from defects in
materials and workmanship
and not that they will accomplish
any particular result. Liability
under
this warranty is limited to
replacement of or credit for
defective equipment or
parts. |
8.
Products not sold to customer
will remain the property of
Magnum MudEquipment
Co., Inc. and are not to be
repaired or modified without
MagnumMud
Equipment Co., Inc.'s consent.
If lost or damaged beyond ordinary
wearand
tear, such products will be
charged for as provided in Magnum
Mud Equipment
Co., Inc.'s current schedule.
Any equipment belonging to Magnum
MudEquipment
Co., Inc. in customer's possession
may be repossessed by MagnumMud
Equipment Co., Inc. upon sixty
(60) days notice. |
| 2.
Services rendered by Magnum
Mud Equipment Co., Inc. in connection
with the
rental or sale of its products
consist only of technical advice
as to make-up, inspection
and operation or use. When any
such services are rendered,
customer will
retain full custody, control
and supervision of the work
or the well and the conduct
or operation thereof, and a
representative of customer shall
be presentwill
full authority to direct operations.
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| 9.
All of the preceding terms and
conditions shall apply between
Magnum MudEquipment
Co., Inc. or any affiliate of
Magnum Mud Equipment Co., Inc.
and
any service company operator,
or other party or parties, selling,
renting or usingMagnum
Mud Equipment Co., Inc. products,
parts thereof, or services furnished
hereunder. |
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| 3.
Magnum Mud Equipment Co., Inc.
will exert its best efforts
to render otherservices
offered by it as requested.
No guarantee or representation
is made as to
results, and charges will be
made regardless of results obtained.
MagnumMud
Equipment Co., Inc. reserves
the right to remove equipment
and personnelfrom
the well at any time, if in
its opinion, conditions make
such action advisable. |
10.
The entire liability of Magnum
Mud Equipment Co., Inc. including
expressand
implied warranties in connection
with its products or services
is set forth
above, and no one is authorized
to waive or amend the same in
any particular. |
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| 11.
Prices, rates or terms are subject
to change without notice. Equipmentowned
by others will be sold, rented
or used by Magnum Mud Equipment
Co. Inc.,under
these terms and conditions except
where inconsistent with themanufacturer's
terms and conditions, when the
latter shall prevail. |
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| 4.
Customer will hold Magnum Mud
Equipment Co., Inc. harmless
from anyand
all liability or claim of liability
to any person, firm or corporation
for damageto
person or property arising out
of or in connection with the
use of equipmentsold
or rented hereunder or the rendering
of services hereunder, except
fordamage
caused by the willful fault
or gross negligence of Magnum
Mud Equipment
Co., Inc. |
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| TERMS
OF PAYMENT 30 Days Net. Interest
chargeable thereafter. |
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| TAXES
AND OTHER CHARGES Any tax based
on or measured by the charges
orcollections
for the sale or rental of products
or the rendering of services,
importduties,
documentation charges, freight
charges and transfer fees shall
be addedto
the stated price. |
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| 5.
Magnum Mud Equipment Co., Inc.
will hold customer harmless
from alldamage
and from any liability to others
for or in connection with damage
causedby
Magnum Mud Equipment Co., Inc.'s
willful fault or gross negligence
except incases
where concurrent or contributory
fault of customer or customer's
agents,servants,
employees or contractors shall
have contributed to such damage. |
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| CANCELLATION
AND RETURNS Orders for products
of special design, size ormaterials
are not cancellable after receipt.
Special prices will be charged
foraltered
equipment or products made to
customer specifications. Credit
will notbe
allowed for products returned
without prior written authority. |
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| 6.
Magnum Mud Equipment Co., Inc.
will hold customer harmless
from anyliability
or injury to employees of Magnum
Mud Equipment Co., Inc. except
incases
where such injury results from
the fault of customer or customer's
agents,servants,
employees or contractors. |
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| CHANGE
OF DESIGN We reserve the right
to change or modify the design
ofany
Magnum Mud Equipment Co., Inc.
products without obligation
to furnish orinstall
such changes or modifications
on products previously or subsequentlysold. |
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| 7.
Magnum Mud Equipment Co., Inc.
will defend at its own cost
and expenseany
suit charging patent infringement
in the rental or use of any
unaltered rentedproduct
and will pay judgement awarded
by a court against customer
as a resultof
any such suit, provided the
customer is using the product
in a mannerprescribed
by Magnum Mud Equipment Co.,
Inc. and notifies Magnum MudEquipment
Co., Inc. promptly of such suit
and tenders the defence thereof
toMagnum
Mud Equipment Co., Inc. |
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| RENTAL
OF EQUIPMENT Rental charges
commence when equipment leavesMagnum
Mud Equipment Co., Inc. service
base point and continues until
returnedthereto.
If equipment is shipped by carrier
to or from lease location, cost
offreight
will be charged back to customer
at Magnum Mud Equipment Co.,
Inc.'scost.
Costs of restoring rented equipment
to first class condition after
use will becharged
to customer including cleaning
of tanks and disposal of any
materialsleft
inside of tanks when returned
from rental. |
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SPECIAL
PROVISIONS |
| 1.
There is a five (5) day minimum
rent on most rental equipment. |
4.
Cleaning and Disposal charges
for tanks coming in from rental
with solids orliquids
left in them: Supervisor
$35.00 per hourLabor
( 1 Service Man) $25.00 per
hourPressure
Washer ? 2000 PSI $10.00 per
hourTransfer
Pump $10.00 per hourVacuum
Tank $40.00 per hourVacuum
Truck On RequestDisposal
Water Base On RequestDisposal
Oil Base On Request |
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| 2.
Installation and maintenance
of rental equipment and liability
for equipment
will be lessee responsibility. |
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| 3.
Service Charges:MMECO
Supervisor $35.00 per hour per
manMMECO
Service Personnel $25.00 per
hour per manMileage
$.50 per mileFood
and Lodging Cost plus 15%
Third Party Charges at Cost
plus 15% |
| 5.
Prices published F.O.B. Houma,
Louisiana shop and F.O.B. Jennings,
Louisiana. |
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PRICES
ARE SUBJECT TO CHANGE WITHOUT
NOTICE. |