1. Magnum Mud Equipment Co., Inc. warrants only that products,
or parts there for, 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
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 present will full authority to direct operations.
3. Magnum Mud Equipment Co., Inc. will exert its best efforts to render other services
offered by it as requested. No guarantee or representation is made as to
results, and charges will be made regardless of results obtained. Magnum Mud
Equipment Co., Inc. reserves the right to remove equipment and personnel from
the premises at any time, if in its opinion, conditions make such action advisable.
4. Customer will hold Magnum Mud Equipment Co., Inc. harmless
from any and all liability or claim of liability to any person, firm or corporation
for damage to person or property arising out of or in connection with the use of equipment
sold or rented hereunder or the rendering of services hereunder, except for damage
caused by the willful fault or gross negligence of Magnum Mud Equipment Co., Inc.
5. Magnum Mud Equipment Co., Inc. will hold customer harmless from all damage
and from any liability to others for or in connection with damage caused by
Magnum Mud Equipment Co., Inc.'s willful fault or gross negligence except in cases
where concurrent or contributory fault of customer or customer's agents, servants,
employees or contractors shall have contributed to such damage.
6. Magnum Mud Equipment Co., Inc. will hold customer harmless from any liability
or injury to employees of Magnum Mud Equipment Co., Inc. except
in cases where such injury results from the fault of customer or customer's
agents, servants, employees or contractors.
7. Magnum Mud Equipment Co., Inc. will defend at its own cost and expense any
suit charging patent infringement in the rental or use of any unaltered rented product
and will pay judgement awarded by a court against customer as a result of
any such suit, provided the customer is using the product in a manner prescribed
by Magnum Mud Equipment Co., Inc. and notifies Magnum Mud Equipment
Co., Inc. promptly of such suit and tenders the defence thereof to Magnum
Mud Equipment Co., Inc.
8. Products not sold to customer will remain the property of Magnum Mud Equipment
Co., Inc. and are not to be repaired or modified without Magnum Mud Equipment Co., Inc.'s consent.
If lost or damaged beyond ordinary wear and tear, such products will be
charged for as provided in Magnum Mud Equipment Co., Inc.'s current schedule.
Any equipment belonging to Magnum Mud Equipment Co., Inc. in customer's possession
may be repossessed by Magnum Mud Equipment Co., Inc. upon sixty (60) days notice.
9. All of the preceding terms and conditions shall apply between Magnum Mud Equipment
Co., Inc. or any affiliate of Magnum Mud Equipment Co., Inc. and any service company operator,
or other party or parties, selling, renting or using Magnum Mud Equipment Co., Inc. products,
parts thereof, or services furnished hereunder.
10. The entire liability of Magnum Mud Equipment Co., Inc. including express and
implied warranties in connection with its products or services is set forth
above, and no one is authorized to waive or amend the same.
11. Prices, rates or terms are subject to change without notice. Equipment owned
by others will be sold, rented or used by Magnum Mud Equipment Co. Inc., under
these terms and conditions except where inconsistent with the manufacturer's
terms and conditions, when the latter shall prevail.
TERMS OF PAYMENT 30 Days Net. Interest chargeable thereafter.
TAXES AND OTHER CHARGES Any tax based on or measured by the charges or collections
for the sale or rental of products or the rendering of services, import duties,
documentation charges, freight charges and transfer fees shall be added to
the stated price.
CANCELLATION AND RETURNS Orders for products of special design, size or materials
are not cancellable after receipt. Special prices will be charged
for altered equipment or products made to customer specifications. Credit
will not be allowed for products returned without prior written authority.
CHANGE OF DESIGN We reserve the right to change or modify the design
of any Magnum Mud Equipment Co., Inc. products without obligation
to furnish or install such changes or modifications on products previously or subsequently sold.
RENTAL OF EQUIPMENT Rental charges commence when equipment leaves Magnum
Mud Equipment Co., Inc. service base point and continues until returned thereto.
If equipment is shipped by carrier to or from lease location, cost of freight
will be charged back to customer at Magnum Mud Equipment Co., Inc.'s cost.
Costs of restoring rented equipment to first class condition after
use will be charged to customer including cleaning of tanks and disposal of any
materials left inside of tanks when returned from rental.