Terms & Conditions

1. Contract Acceptance. Any written or oral purchase order received from Buyer by Tripple M Oil Tool, Inc. („Seller”) shall be construed as a written acceptance of Seller‟s offer to sell and shall be filled in accordance with the terms and conditions of sale set forth herein. SE LLER‟S ACCEPTANCE OF THIS ORDER IS EXPRESSLY CONDITIONED ON BUYER‟S ASSENT TO THE TERMS CONTAINED HEREIN. The terms and conditions of Seller‟s proposal (if any) and acknowledgement shall prevail over any conflicting or different terms in Buyer‟s order unle ss Buyer notifies Seller in writing of its objections thereto within fifteen (15) days from receipt of Seller‟s acknowledgement. Buyer‟s standard terms of purchase will not be considered a counteroffer to Seller‟s terms and conditions of sale. The failure of Seller to object to any provision in conflict herewith whether contained on Buyer‟s purchase order or otherwise shall not be construed as a waiver of the provisions hereof nor as an acceptance thereof. All orders must be accepted by an authorized employ ee of Seller.

2. Quotations and Prices. Any product or service which may be available at the time a quotation is made is subject to prior sale. Prices quoted are subject to change without notice. The price in effect at the time of shipment including any escalation formula will apply, unless a valid quotation or written agreement to the contrary exists between Buyer and Seller. All prices shown are in U.S. dollars and are F.O.B. Seller‟s shipping point. Seller reserves the right to place a service charge o n past due accounts at the highest rate permitted by law. Any documentation pertaining to traceability requirements for products or documentation required for any routine or special processes must be identified by the Buyer at the time of quotation (if any ) or at the time of order placement.

3. Taxes . Any tax or other charge imposed by law on the sale of goods or the performance of services shall be paid by the Buyer, unless the law specifically provides that such payment must be made by Seller, in which case Buyer shall reimburse Seller for such payment as part of the purchase price. Custom duties, consular fees, insurance charges and other comparable charges will be borne by Buyer.

4. Shipping Schedule and Delivery. Shipment schedules are given as accu rately as conditions permit and every effort will be made to make shipments as scheduled. Seller will not be responsible for deviations in meeting shipping schedules nor for any losses or damages to Buyer (or any third party) occasioned by deviations in th e shipping schedule, whether due to Acts of God, orders bearing priority ratings established pursuant to law, differences with workmen, local labor shortages, fire, flood, shortages or failure of raw materials, supplies, fuel, power or transportation, brea kdown of equipment or any other causes beyond Seller‟s reasonable control, whether of similar or dissimilar nature than those enumerated. Seller shall have additional time within which to perform as may be reasonably necessary under the circumstances and s hall have the right to apportion its supplies among its customers in such a manner as it may consider to be equitable. Seller reserves the right to furnish commercially equivalent or better substitutes for materials or to subcontract the Buyer‟s order or p ortions thereof as Seller deems necessary. In no event shall Seller be liable for any consequential damages resulting from failure or delay in shipment. If Buyer requires drawings, procedures, standards or similar material for approval, shipping schedules will be calculated from the time such approvals are received by Seller, since shipping schedules are based on Seller having all required information and a firm order from Buyer which is enterable into production. Any hold points, witness points or the need for inspection by Buyer‟s representatives must be identified by Buyer at the time of quotation (if any) and/or order placement in order that the effect on the prices or shipping schedules (if any) can be taken into account Additional inspection or testing required by Buyer which affects Seller‟s normal delivery sequence will be considered as extending the shipping dates accordingly.

5. Terms of Payment. Terms of payment are 30 days from date at invoice unless otherwise stated in the quotation or Seller‟s order acknowledgment. All past invoices shall bear interest at the rate of 18% per annum. If any invoice is turned over to an attorney for collection, Buyer shall pay reasonable and necessary attorneys‟ fees for the collection of the invoice or invoices .

6. Cancellations and Returns. Purchase orders once placed by Buyer and accepted by Seller can be canceled only with Seller‟s written consent and upon terms which will save Seller from loss. No products may be returned for credit or adjustment without wr itten permission from Seller‟s office authorized to issue such permission.

7. Warranties. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS. BUYER ACKNOWLEDGES AND AGREES THAT THERE IS NO WARRANTY THAT T HE GOODS OR SERVICES ARE SUITED FOR BUYER’S INTENDED USE OR THAT THE GOODS OR SERVICES ARE FREE FROM DEFECTS.

8. Technical Information. Upon request, Seller will provide technical information regarding to products and their uses. Any information so provid ed, whether with or without charge, shall be advisory only. The determination to use any product is solely that of Buyer.

9. Inspection. Unless otherwise agreed in writing, final inspection and acceptance of products must be made at Seller‟s yard or oth er shipping or receiving point designated by Seller and shall be conclusive except as regards latent defects. Buyer‟s representatives may inspect at the Seller‟s yard or shipping point during working hours prior to shipment in such manner as will not inter fere with operations.

10. Ownership. Buyer agrees that title and risk of ownership shall pass to Buyer on date of Seller‟s invoice . Tripple M Oil Tool, Inc. retains a security interest in the goods until the full purchase price has been paid.

11. Export Compliance. The Buyer shall provide the Seller with relevant end - use, end - user and country of end - use information with respect to the goods or services to be supplied hereunder (collectively, “Items”). Based on and in reliance on such information, t he Seller will supply such Items in compliance with applicable trade and customs laws including that of the United States of America. The Seller cautions and the Buyer acknowledges that any change in end - use, end - user or country of end - use (including a shi pment between countries other than the U.S.) may be restricted or prohibited by applicable trade and customs law, whether it be of the U.S. or other country. The Parties shall comply with all trade and customs laws (including U S. Export Controls) except f or any such laws which conflict with or are otherwise penalized under the laws of the U.S., which in the event of such conflict, Seller shall notify Buyer. The Buyer agrees in particular that it shall not use and shall not permit any third party to use suc h items in connection with the design, production, use, or storage of chemical, biological or nuclear weapons or missiles of any kind.

12. Transportation Charges, Allowances, Claims. All prices are F.O.B. Seller‟s yard or other designated shipping point. No freight is allowed unless stated in Seller‟s quotation (if any) or in a written contract which may exist between Seller and Buyer at the time of shipment. If Seller‟s quotation or a written contract states that all or a portion of freight is allowed, al l prices are F.O.B. Seller‟s yard or other designated shipping point, with most economical surface transportation allowed. If the quoted or contractual price includes transportation, Seller reserves the right to designate the common carrier and to ship in the manner it deems most economical . Added costs due to special routing requested by the Buyer are chargeable to the Buyer. Under no circumstances is any freight allowance which is absorbed by Seller to be deducted from the selling price If the quoted pric e or contract includes transportation, no deduction will be made in lieu thereof whether Buyer accepts shipment at yard, warehouse, freight station, or otherwise supplies its own transportation. When sales are made from the Seller‟s warehouse, Seller reser ves the right to charge either actual or pro - rated freight from Seller‟s principle point of manufacture to Seller‟s warehouse. Buyer assumes risk of loss upon delivery to the carrier, regardless of who pays shipping costs. Seller endeavors to pack or prepa re all shipments so that they will not break, rust or deteriorate in transit, but does not guarantee against such damage. Unless requested in writing by the Buyer, no shipments are insured by Seller against damage or lose in transit. Seller will place insu rance as nearly as possible in accordance with Buyer‟s written instructions but in such case Seller acts only as agent between the insurance company and the Buyer and assumes no liability whatsoever. Any claims for shipping loss, breakage or damage (obvio us or concealed) are Buyer‟s responsibility and should be made to the carrier. All claims regarding shortages must be made within thirty (30) days from receipt of shipment and must be accompanied by the packing list(s) covering the shipment.

13. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (collectively CONSEQUENTIAL), AS DEFINED BY THE LAWS GOVERNING THIS TRANSACTION, NOR FOR ANY LOSS OF ANTICIPATED PROFI TS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF USE OF EQUIPMENT OR OF ANY INSTALLATION, SYSTEM OR FACILITY INTO WHICH SELLER‟S GOODS MAY BE LOCATED BUYER AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM AND AGAINST ANY CLAIMS FOR SUCH CONSEQUENTIAL DAMAGES EVE N IF ARISING OUT OF OR ATTRIBUTABLE TO THE NEGLIGENCE OF THE SELLER . SELLER‟S TOTAL RESPONSIBILITY FOR ANY CLAIMS, DAMAGES, LOSSES OR LIABILITY ARISING OUT OF OR RELATED TO ITS PERFORMANCE OF THIS TRANSACTION OR THE PRODUCTS OR SERVICES COVERED HEREUNDER S HAL L NOT EXCEED THE PURCHASE PRICE OF THE GOODS OR SERVICES.

14. Modification, Rescission & Waiver. The terms herein may not be modified or rescinded nor any of its provisions waived unless such modification, resolution or waiver is in writing and signed by an authorized employee of Seller at its office in Odessa, Texas. Failure of Seller to insist in any one or more instances upon the performance of any of the terms and conditions of the contract or the failure of Seller to exercise any of its rights here under shall not be construed as a waiver or relinquishment of any such term, condition, or right hereunder and shall not affect Seller‟s right to insist upon strict performance and compliance with regard to any unexecuted portions of this contract or futur e performance of these terms and conditions

15. Governing Laws & Venue. The rights and duties of the parties and construction and effect of all provisions hereof shall be governed by and construed according to the internal laws of the State of Texas. The terms herein shall be performed in Ector County, Texas

1-800-234-3148

8317 Andrews Hwy
Odessa, Texas 79765
Phone: ttt800-234-3148
Fax: 432-366-5450
Email: sales@tripplem.com

Tripple M Oil Tool, Inc. is not affiliated with any original equipment manufacturers whose name, brand, logo, or trademark may be found in this website. Tripple M Oil Tool, Inc. declares it stands independently as the sole creators and manufacturer behind all products manufactured by Tripple M Oil Tool, Inc. Some part numbers are interchangeable with those of other manufacturers, only for the purpose of reference.