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Terms and Conditions
For the purpose of this agreement Isolation Equipment Services Inc. its sub contractors and or their affiliated companies shall hereinafter be called “IES”. The Oil Company or Frac Company for whom the goods and services are supplied for by IES shall hereinafter be referred to as the “Customer”.
The customer acknowledges and agrees that IES shall not be liable or responsible to any person or party for any claim, expense, cost, loss or damage whatsoever including but without limiting the generality of the foregoing, personal injury or death, damage to property or the consequential loss, including economic loss or lost profit, howsoever caused and from any circumstances whatsoever and whether such losses arise from the negligent acts, omissions or representations of IES or by any of its agents, sub contractors , employees or representatives; and the customer shall indemnify and hold harmless IES and its agents, employees, sub contractors and representatives from any and all claims, demands actions, suits, proceedings, losses, costs, damages and expenses by whomsoever made brought or prosecuted.
Without limiting the generality of the foregoing the customer specifically acknowledges and agrees to protect and save harmless IES for the following:
- IES shall not be responsible for and the Customer shall indemnify IES against any liability for damage to property of the Customer and or the Well owner, unless caused by willful misconduct or gross negligence of IES applying to but not limited to subsurface damage and surface damage arising from subsurface damage.
- The Customer shall be responsible for and indemnify IES against any liability for reservoir loss or damage, or property damage resulting from subsurface pressure, losing control of the well and/ or a well blow out, unless such loss or damage is caused by the willful misconduct or gross negligence of IES.
- The Customer shall be responsible and indemnify IES against any and all liability of whatsoever nature of damages as a result of service operation performed by IES hereunder.
- The Customer shall be responsible for and indemnify IES against any liability for injury to or death of persons other than employees of IES or damage to property (including, but no limited to, injury to the well), or any damages whatsoever, irrespective of cause, growing out of or in any way connected with the use of radioactive material in the well hole, unless such damage is caused by the willful misconduct or gross negligence of IES.
- IES makes no guarantee of the effectiveness of the equipment and products used by it, nor results of any services.
- The Customer shall be responsible, at risk and expense, attempt to recover any IES equipment which is lost or left in the well unless the loss is due to sole negligence or IES. If IES equipment including sub contractor equipment and leased equipment is damaged the Customer shall pay IES the replacement cost or the cost or repairs unless such damage is caused by the sole negligence of IES or its sub contractors.
- IES recommends that for a further safety factor that all components are not subjected to pumping pressures above 85% of their working pressure.
- IES is unable to guarantee the accuracy of any research data or job recommendations, IES personnel will use their best efforts in providing and interpreting such information but the Customer agrees that IES shall not be held responsible for any damages arising from use of such information except due to gross negligence or willful misconduct by IES in furnishing it.
- IES will make every effort to supply the equipment and service but will not be liable if equipment and service is not available at the time it is requested.
- IES will make an effort to supply an operational procedure for its equipment but will not held responsible or liable for others such as third party personnel whom operate IES equipment.
The Customer shall at its own expense maintain general liability and property insurance to protect IES against damage to property or persons from the operation , handling or transporting of the Equipment during the rental and or service period. In addition the Customer shall insure the Equipment for loss by fire or damage. IES shall provide general liability insurance of five million dollars.
Maintenance, Operation and Repairs
The Customer shall not remove, alter, disfigure or cover any numbering, lettering or insignia displayed upon the Equipment, and shall see that the Equipment is not subjected to careless or needlessly rough usage, and shall be responsible for returning the Equipment in whole and repairable condition.
Warranties and Limitation of Liability
IES warrants only title to the equipment and that the same of free from defects in workmanship and material used. There are no warranties, expressed or implied, of suppliers ability, fitness of otherwise which extends beyond those stated herein. Our liability and Customer exclusive remedy in any cause of action (whether in contract, tort, breach of warranty or otherwise) arising out of application, services or use of any products is limited to the cost of such services with no punitive or consequential damages.
All of the preceding terms and conditions shall apply in favor of any manufacturer, sub contractor or supplier of any equipment IES may use in the performance of its services.
Failure to enforce and or all of the terms and conditions in particular instance shall not constitute a waiver thereof.
No employee of IES is empowered to alter or to waive any of the terms and conditions.
The contract shall be construed in accordance with the laws of the province in which the services are performed.
The Customer acknowledges receipt of these terms and conditions and agrees to be bound by them.