General Terms & Conditions
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.
   
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 parts.

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.

SPECIAL PROVISIONS
1. There is a five (5) day minimum rent on most rental equipment.

2. Installation and maintenance of rental equipment and liability for equipment will be lessee responsibility.

3. Service Charges: MMECO Supervisor $75.00 per hour per man MMECO Service Personnel $55.00 per hour per man Mileage $1.10 per mile Food and Lodging Cost plus 15% Third Party Charges at Cost plus 15%.

4. Prices published F.O.B. Houma, Louisiana shop and F.O.B. Jennings, Louisiana.

   
PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.