GENERAL CONDITIONS UNDER WHICH PRUITT MPD SERVICES ARE RENDERED AND EQUIPMENT IS RENTED

It is agreed that Pruitt MPD shall not be liable or responsible for loss, damage or injury to a well for which equipment or services are supplied or responsible for use of equipment supplied or from acts of any person engaged in performing services on or to a well. Excessive refurbishing costs caused by customers’ misapplication, destruction, or abuse of rented equipment are to be borne by the party for whom such equipment is furnished. Party for whom such equipment and services are furnished assumes all responsibility while equipment is furnished and/or services rendered, and agrees to hold Pruitt MPD or its assigns harmless for injuries to persons or property resulting from said services. Said party for whom such equipment and services are furnished assumes all incidental expenses such as telephone, freight, express and drayage charges.

The only warranty made by Pruitt MPD in connection with any products, or parts thereof, furnished or rented to customers, is that the same shall be free from defects of workmanship and material. The liability of Pruitt MPD or its assigns for breach of such warranty, when such is shown, shall be limited to the replacement of, or the allowance of credit for, the part or parts shown to be defective when used for which they were intended.

It is expressly understood that Pruitt MPD shall not be responsible for damages or losses whether direct, indirect, special, consequential or any other kind whatsoever occasioned by or incidental to the use of any products, or parts thereof, whether resulting from the negligence of Pruitt MPD or any of its agents, servants, or employees. No agent, employee or representative of Pruitt MPD is authorized to alter or amend in any fashion the provisions contained in the conditions.

All Federal, State or Municipal taxes, except income or ad valorem taxes now or hereafter imposed with respect to services rendered or rental of equipment, and/or the processing, manufacture, repair, delivery, transportation, and/or proceeds of the merchandise or equipment rented herein specified shall be for the account of the buyer. The amount thereof shall be added to and become part of the price payable by the buyer.

Unless otherwise specified, published and quoted prices are due and payable thirty (30) days net cash. Interest at the highest percent per annum allowed by law will be charged after due date. All settlements are subject to approval of the Accounts Receivable Department.