Permian Equipment Rentals, LLC – General Terms and Conditions
Customer acknowledges that these General Terms and Conditions, together with the work ticket and invoices to Customer govern the rented tools and equipment hereunder (“Equipment”) between Permian Equipment Rentals, LLC (“PERMIAN”) and Customer. Customer’s rental of Equipment is subject to the limited warranty, remedies, and limitations of liabilities herein.
- Risk of Operations. Customer agrees and acknowledges that PERMIAN and Customer are independent contractors and nothing herein establishes anyprincipal-agent relationship between PERMIAN and Customer. Customer acknowledges that all work performed using the Equipment shall be under the directsupervision and control of Customer and not of PERMIAN. Customer acknowledges the existence of uncertain or unknown conditions and incidental hazards atthe location(s) for Customer’s use of the Equipment which are not know to PERMIAN. PERMIAN does not guarantee the results of work performed withEquipment at Customer’s direction and control. Customer acknowledges it is responsible for and assumes risk for use of Equipment rented hereunder. ALL EQUIPMENT RENTED HEREUNDER IS RENTED AND OPERATED AT CUSTOMER’S RISK, DIRECTION AND CONTROL. PERMIAN SHALL NOT BE LIABLE FOR ANY DIRECT, CONTINGENT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF EQUIPMENT. OIL OR GAS WELL CONDITIONS, WHICH MAY PREVENT SATISFACTORY OPERATION FO EQUIPMENT, DO NOT RELIEVE CUSTOMER OF ITS RESPONSIBILITIES FOR PAYMENT. CUSTOMER IS RESPONSIBLE FOR ANY SUBSURFACE DAMAGE TO WELLS RESULTING FROM CUSTOMER’S USE OR ALLOWED USE OF EQUIPMENT AND FOR SURFACE DAMAGE TO THE PERSONS OR PROPERTY WHICH MAY RESULT FROM USE OF SUCH EQUIPMENT, IRRESPECTIVE OF THE CAUSE OF SUCH DAMAGE AND WHETHER OR NOT OCCASIONED BY PERMIAN’S NEGLIGENCE. CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS PERMIAN AND ITS OWNERS, OFFICES, MANAGERS, EMPLOYEES, AGENTS AND SERVANTS FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES AND CAUSES OF ACTION FOR INJURY OR DEATH OF ANY PERSON AND FOR DAMAGES TO OR DESTRUCTION OF PROPERTY CAUSED BY CUSTOMER’S USE OR ALLOWED USE OF EQUIPMENT RENTED HEREUNDER, WHETHER OR NOT SUCH INJURY OR DAMAGES IS OCCASIONED BY THE NEGLIGENCE OF PERMIAN, ITS MANAGERS OR OTHERWISE.
- Limited Warranty. PERMIAN warrants the Equipment at the time of rental is free from defects in materials and workmanship and is of a fair grade and qualityconsistent with established accepted standards for equipment of the type rented and in substantial conformity with the specifications of this order, subject toPERMIAN’s standard manufacturing variations and tolerances. PERMIAN warrants it has title to the Equipment. This limited warranty does not apply to rapidlywearing parts, natural wear, or if the Equipment is damaged by improper or negligent storage, transit, maintenance, or use by Customer or others(“Exclusions”). The foregoing limited warranty expires twelve (12) months after arrival of the rented Equipment at the destination of Customer’s use. In the eventthat Equipment defects in materials or workmanship are determined by PERMIAN to exist for reason other than the Exclusions above, Customer’s exclusiveremedy is limited to either replacement Equipment, or rebate for the rental price of such defective Equipment in the discretion of PERMIAN. IN NO EVENTSHALL PERMIAN BE LIABLE FOR DIRECT, CONTINGENT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO DOWNTIME AND LOST PROFITS ARISING FROM ANY BREACH OF THIS LIMITED WARRANTY, WHETHER OR NOT SUCH BREACH IS OCCASIONED BY PERMIAN’S NEGLIGENCE. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; PROVIDED, FURTHER, THAT PERMIAN EXPRESSLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND DISCLAIMS ANY AND ALL OTHER WARRANTIES OTHER THAN THE LIMITED WARRANTY GIVEN HEREINABOVE.
- Damaged or Lost Equipment. With the exception of ordinary wear and tear, Equipment damaged during Customer’s rental of Equipment hereunder shall be repaired at Customer’s expense. In the event that any Equipment is lost, Customer will make a diligent effort to recover the Equipment at no costto PERMIAN. Any Equipment abandoned at the location, damaged beyond repair, or lost for any reason (including acts of God), in transit, or otherwise while inthe care of Customer or any third party designated by Customer, will be charged to Customer at the applicable loss price or sales price. A full refund lessaccrued rentals shall be issued for all Equipment lost and invoiced for holding Equipment and parts that have been damaged and sold to a customer beyond thirty (30) days after the date of invoice for such Equipment.
- Entire Agreement Governing Law. These terms and conditions, the work ticket, and invoices are the entire agreement between PERMIAN and Customerpertaining the Equipment rented hereunder, there are no other understandings, terms, conditions or agreements, oral or written between PERMIAN and Customer regarding the Equipment. These Terms and Conditions may not be modified or amended. The Equipment rental hereunder is governed by the laws of the State of Texas.
- Payment. All invoices are due in full net 30 days from date of invoice and are payable to:
Permian Equipment Rentals, LLC, P.O. Box 61730, Midland, Midland County, TX 79711. (432) 563-1641.