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This order consists of the Face Page and all of Seller’s Terms and Conditions presented herein. Seller is Trilogy Resources LLC. Purchaser is the buyer or lessee identified on the Face Page of the order. This order constitutes a contract between Purchaser and Seller for the purchase or lease from Seller of the goods and/or services identified on the Face Page hereof, subject to the Terms and Conditions set forth herein.



The inclusion of any Terms or Conditions proposed by Purchaser that are different from, in addition to, or that modify this order are prohibited. Seller’s acceptance of payment for the goods and/or services from Purchaser shall not constitute assent to any such additional terms and conditions unless expressly agreed to in writing physically signed and approved by Seller. Purchaser acknowledges that this order constitutes the entire agreement between Seller and Purchaser with respect to the subject matter hereof.



The purchase or lease price of the goods and/or services is as set forth on the Face Page of this order. Purchaser understands and agrees that the negotiated price is exclusive of all taxes, fees and other charges required by law unless otherwise stated on the Face Page. Purchaser acknowledges that payment is due in full upon receipt of the goods and/or services purchased or leased unless otherwise stated on the Face Page and signed by Seller and Purchaser. Purchaser acknowledges that this order also constitutes an invoice for the goods and/or services purchased or leased from Seller.


The payment(s) owed to the Seller by the Purchaser will be net 30 from the date of the invoice unless otherwise stated in the order.


Seller may terminate this order if Purchaser fails to comply with any provisions of this Purchase Order. In the event this order is terminated for any reason, Seller shall not be responsible for any losses or damages of any kind whatsoever incurred by Purchaser.


Seller is not responsible for any damage or injury to any person or thing resulting from Purchaser’s use of any goods or services purchased or leased from Seller.


Purchaser is responsible for determining appropriate lift calculations before any lift to ensure the mat is suitable for such lift.


Purchaser is responsible for choosing the size, type and quality of mat needed for Purchaser’s projects and lifts. Seller is not responsible for any damage or harm to anyone or thing resulting from Purchaser’s use of Seller’s mats.


Purchaser is responsible for ensuring that the surface beneath mats is properly prepared so that the mats are not compromised.


Purchaser shall return leased mats to Seller in generally the same condition such mats were found at the time of delivery to Purchaser. The Purchaser is liable for all causes of loss including theft, flood, and quake. When leased mats are damaged or lost, Purchaser shall remit to Seller the value of such loss as determined by Seller up to and including replacement value of mats where such mats are deemed by Seller unusable. Generally speaking, the replacement value shall be the retail value of a replacement mat.


(a) In the event this order is not complied with by Purchaser, Seller, at its sole option, may exercise one or more of the following remedies: (i) terminate this order; (ii) recover all loss, damage and expense resulting from such failure, by set-off or otherwise; (iii) retrieve delivered goods and (vii) exercise any other available remedy. Purchaser shall pay or otherwise be liable for any transportation, labor, and/or other expense incurred in connection with the foregoing, including Seller’s attorneys fees, costs and other charges incurred in connection with Seller’s exercise of remedies. Each of the rights and remedies herein reserved to Seller shall be cumulative and in addition to any other or further rights or remedies provided or available in law or equity or in this order.


Purchaser, including Purchaser’s successors and assigns, agrees to release, defend, indemnify, and hold harmless Seller from and against any causes of action, claims, costs, damages, demands, expenses (including attorneys fees and expenses), liabilities, losses and claims of every kind and character, including personal injuries, property damage, environmental damage or pollution, arising from Purchasers use of the purchased or leased goods or services.


Purchaser shall not assign or subcontract (in whole or in part) this order or its obligations hereunder without the Seller’s prior written consent.


Seller and Purchaser are independent contracting parties and nothing herein or elsewhere shall make either party the agent, partner, employee, co-venturer, or legal representative of the other, nor does it grant either party any authority to assume or to create any obligation on behalf of the other.


Seller, by providing notice to Purchaser, may delay or be excused from timely performance of its obligations under this order if such failure to perform in a timely manner was caused by circumstances beyond Seller’s reasonable control and not resulting from any material action or omission of Seller including fire, flood, earthquake, or other acts of God, war, embargo, accident, explosion, labor strike, or any governmental order, regulation, or restriction.


This order shall be governed by the laws of the State of Texas. Brazoria County, Texas shall be the venue for any dispute resolution or litigation hereunder or otherwise between the parties.


Notices issued pursuant to this order shall be to the addresses on the Face Page hereof and may be sent electronically.


If any part of this order is held invalid, illegal, or otherwise unenforceable, the remainder shall not be affected thereby, and the part so held to be invalid, illegal, or unenforceable shall be reformed to the extent (and only to the extent) necessary to make it enforceable, valid and legal, with the remainder remaining valid and enforceable. The parties acknowledge and agree that there has been no material representations by any person or party hereto as an inducement to enter into this order, other than what is expressly set forth in this order. Except as otherwise provided, no amendment or modification of this order shall be valid unless evidenced by a writing specifically identifying this order, stating the intent of the parties to amend it, and signed by an authorized agent of each party. No strike-through edits are valid amendments to this order unless initialed by both parties. This order constitutes the sole and complete agreement of the parties as to the subject matter hereof, and except as otherwise provided herein, supersedes all prior oral or written agreements of the parties concerning same.

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