|
TAN NOLOGY CORPORATION INTER ZONAL
<br />TANDARD TERMS AND CONDITIS
<br />1. Scope of Work. Tanknology Corporation International (" Tanknotogy") agrees to test the underground product tank(s) specified on the
<br />reverse side of this Agreement, and associated piping to the extent feasible, for leaks (the "test"), Customer agrees to pay for these services
<br />at the price(s) specified on the reverse side of this Agreement. Tanknology will perform the test in a professional and workmanlike fashion. us-
<br />ing its VacuTect TM process, which exceeds the National Fire Protection Association's Pamphlet 329 0.05 gallon per hour precision criterion.
<br />The VacuTect process does not require storage tanks to be filled but optimum results are obtained with tanks 60 /i, to 90% full, It shall be
<br />Customer's responsibility to insure that the storage tank(s) are filled within this range at least four (4) hours prior to the commencement of the
<br />test.
<br />2. Report. Tanks will be tested to the specification designated by the Customer as shown on the reverse side of this agreement. Fallowing
<br />the tests, a written report indicating compliance or non-compliance and other pertinent information relating to the tank's condition will be
<br />issued to the Customer. No reports or other information concerning the tank's condition shall be given to anyone other than the Customer
<br />unless so requested by the Customer or required by law.
<br />3. Payment. All amounts payable hereunder are due thirty (30) days from the date of invoice. A finance charge wiU be imposed at an annual
<br />percentage rate equal to the lower of (i) 18% or (i) the highest interest rate allowed by appiicabie•law, and will accrue from the due date until
<br />paid. Customer agrees to pay, in addition to the service charges shown on the reverse, all sales taxes, use taxes, and any other fees or taxes
<br />levied by state or municipality upon services or goods supplied by Tanknology (except taxes Based upon net income to Tanknology).
<br />Customer shall reimburse Tanknology for all reasonable expenses and legal fees incurred in coileciting payment, All payments shall be made
<br />at (Address) Tanknology Corporation international
<br />(City). Houston .(County) Harris (state). Texas
<br />Except as otherwise specified, Tanknology will provide all test equipment and labor necessary to perform the test The price, specified on
<br />the reverse side of this Agreement covers only the performance of the test specified on the reverse side of this Agreement, which includes a
<br />maximum of two (2) hours of travel and service time by Tanknology's employees. The price does not include additional services or goods such
<br />as:
<br />(a) Any special equipment and installation required to perform the test or to gain access to the piping and tank(s) at the location or to
<br />make minor repairs to piping or valves:
<br />(b) Services requested by Customer for the preparation and presentation of test results in a regulatory or court proceeding: or
<br />(c) Time ancLtravel charges in excess of two (2) hours per location.
<br />Except,VP cases of emergency, Tanknology will notify Customer before incurring any expenses not covered by the price of the test and will
<br />not proceed without Customer's prior approval. In the event that Customer is unwilling to incur additional expenses, such as special equip-
<br />ment or installation, which are found to be necessary to the performance of the test at a particular location after performance by Tanknology
<br />has commenced, Tanknology may discontinue the test and Customer agrees to pay Tanknology the price specified on the reverse side of this
<br />Agreement for that test as though it. had been completed. Customer agrees to pay Tanknology for all additional services approved by
<br />Customer or reasonably performed by Tanknology in the event of an emergency.
<br />The price specified on the reverse side of this Agreement does not include any excavation; repair, or madifioations of •the tank(s) and piping.
<br />Customer shall be responsible for any adjustments to the tank(s) and piping, such as tightening vatves and fittings, and shall be responsible
<br />for all modifications, repairs, and excavations of the tank(s) and piping. With prior approval of Customer, Tanknology will make minoradjust-
<br />ments and repairs necessary for successful testing and invoice Customer at Tanknology's customary rates for such services.
<br />S. Access and Rights -of -Way. Customer grants to Tanknology the right of ingress and egress to its premises and agrees to provide to
<br />Tanknology clear access for Tanknology to carry out the services. Customer warrants that any right-of-way provided by Customer or used by
<br />Tanknology from the piping and storage tank location(s) to the most convenient pay way is sufficient to bear the weight of all equipment and
<br />vehicles required to perform the service. Tanknology shall not be responsible for damage caused to any private pavement, or for subsurface
<br />disturbances or damage of any route used to perform the services.
<br />6. Storage Tanks and Piping. Tanknology is not obligated to test any piping or storage tank(s) not capable of being tested using VacuTect
<br />process. Customer warrants that the information provided by Customer set forth on the reverse side of this Agreement and in the specifica-
<br />tions called for below is accurate. Customer also warrants that the piping and storage tank(s) will not be damaged by the application of a
<br />positive or negative pressure of 5 psi or less. Customer will provide Tanknology with specifications (schematics, engineering drawings, and
<br />plot plans) detailing all piping, tanks, tank hardware (including vapor recovery, valves, pumps, and other such equipment) at each service loca-
<br />tion.
<br />7. liabilities and Hold Harmless. Customer shall indemnify; hold harmless and defend Tanknology from all claims, demands. causes of ac-
<br />tion, liability, loss, damage and expense (including, without limitation, attorney's fees and other expenses incurred in connection with and in
<br />preparation for litigation or other legal proceedings) arising from damage to or loss of property of any kind, whether property of Customer's;
<br />Tanknology's or third persons. or from injury to or death of any and all persons whomsoever including, without limitation, employees of
<br />Customer, employees of Tanknology, and third persons, and incurred in connection with any test made hereunder (whether occurring before,
<br />during or after any test) and whether or not due in whole or in part to Tanknology's negligence (ordinary or gross), including, without limita-
<br />tion:
<br />(a) damage to or loss of the tank(s) and piping tested; including damage caused by the application of a negative or positive pressure to the
<br />tank(s) and piping:
<br />(b) loss of product stored at the location (during, after, or as the result of the tests performed hereunder);
<br />(c) pollution damages resulting from leaks df products from the tank(s) or piping tested (during, after or as a result of the tests):
<br />(d) loss, damage, or destruction to Tanknology's property or equipment resulting from the test(s) conducted hereunder.
<br />To the extent permitted by present or future applicable law. in the event of any claim by Customer against Tanknology for breach of con-
<br />tract, breach of warranty, express or implied, or violations of the Texas Deceptive Trade Practices Act; or other actor omission for which
<br />Tanknology may be liable to Customer, including, without limitation, any alleged tort arising from this contract, the amount of actual
<br />damages, if any, shall not exceed an amount equal to the sum of all charges made by Tanknology to Customer hereunder.
<br />8. Default and Remedies. Neither party shall be in default hereunder if nonperformance is due to delays or cirmcumstances beyond the
<br />party's control, including but not limited to, compliance with any Federal, State, or local law, rule or regulation, acts of God. fires, storms,
<br />work stoppages or delays, strikes or other labor disputes, transportation embargoes or delays, or inability to obtain materials, labor, equip-
<br />ment, or transportation, provided that events beyond Customer's control shall not excuse Customer from making payment for services
<br />rendered by Tanknology hereunder. Tanknology shall be in default only if it fails to cure any breach of its obligations hereunder as promptly as
<br />reasonably possible after receiving written notice of the breach from Customer.
<br />9. Termination. Either party may terminate this Agreement at any time by giving written notice to the other party. Termination shall not
<br />relieve Customer of the obligation of paying for services actually rendered or minimum charges applicable to any jobs started prior to termina-
<br />tion,
<br />10. Miscellaneous. This Agreement (i) is the entire Agreement of the parties and binds them,;their heirs, successors, and assigns and (it) may
<br />be modified only by a written instrument signed by both parties. No waiver of any breach of this Agreement shall be deemed a waiver of a later
<br />breach of similar or like nature. The titles to the sections of the Agreement have been assigned for convenience only, and shall not limit,
<br />define, or affect the substantive terms. Time is of the essence regarding this Agreement and its notice provisions. No representations or war-
<br />ranties have been made by Tanknology except as expressly set forth herein,
<br />This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
<br />
|