GENERAL TERMS AND CONDITIONS
All transactions with MUSTANG EXTREME ENVIRONMENTAL SERVICES, LLC (“Mustang”) are subject to the following General Terms and Conditions. The General Terms and Conditions herein stated are a part of the consideration hereof and it is expressly understood that if such General Terms and Conditions were not accepted and agreed to by Customer a greater cash consideration would be charged by Mustang for the products and services listed on the reverse side hereof. No agreement or modification hereof shall be effective unless in writing and executed by an officer or otherwise authorized representative of each party. Products are furnished and services are rendered upon the following General Terms and Conditions and these General Terms and Conditions (regardless of any terms and conditions in Customer’s purchase order, invoice, work order, or any other document) shall supersede all prior or subsequent oral or written agreements or understandings with respect to products and services. No acceptance which varies these General Terms and Conditions or proposes additional terms is effective. Acceptance is limited to these General Terms and Conditions. Each shipment of products and rendering of services received by Customer from Mustang shall be deemed to be only upon these General Terms and Conditions notwithstanding any terms and conditions that may be contained in any invoice, acknowledgment or other form of Customer. Customer’s act of accepting products and services or paying for products and services shall constitute an acceptance of these General Terms and Conditions.
1. All prices are expressed in United States dollars and are subject to change without notice and are not guaranteed. Prices for an order that have been accepted by Mustang and Customer are not subject to change. Prices stated do not include any sales, use or excise tax or any other tax, duty or charge which is now in effect or may be hereafter imposed by any governmental body. All such taxes, duties or other charges shall be paid by Customer, unless Customer provides Mustang with a tax exemption certificate acceptable to the appropriate tax authorities.
2. Mustang reserves the right to refuse orders submitted by Customer and Mustang is not obligated to fill any order, unless or until such order has been accepted by Mustang. Mustang’s acceptance of any order by Customer creates an irrevocable obligation for Customer to pay. These General Terms and Conditions shall govern the rights and obligations of the parties. In the event of any conflict between these General Terms and Conditions and any sales, purchase or work order or any other writing or agreement between the parties, the General Terms and Conditions will govern. They are not subject to change by reason of any written or oral statements by Customer or by any terms stated in Customer’s purchase order or confirmation of its order. No waiver or modification of any of the terms and conditions contained herein shall be effective, unless the waiver or modification is in writing and signed by an authorized representative of Mustang and Customer.
3. Any requested changes to an existing order by Customer, may result in a new scheduled ship date and/or installation date for that order. If, pursuant to Customer’s written direction or request, Customer makes additions to the products to be furnished or any work to be performed, the agreed price will be equitably adjusted to reflect such change. Mustang will issue a new purchase order for the additional materials, products, and labor, and the time for completion of work will be extended to compensate for the aforementioned requested changes. No changes or additions to the order are binding on the parties unless mutually agreed in writing by the parties. Notwithstanding the foregoing, no decreases in order size will be accepted by Mustang. Mustang is not a manufacturer of products ordered by Customer. Shipping schedules are estimates only. Mustang shall not be responsible for failure to meet shipping schedules or for any delayed shipping. Unless different terms are provided on the face of this order, all items are sold FOB Mustang’s yard, and Customer will deliver and Customer shall bear the cost of transportation to any other named destination. Upon notification of Company of delivery, Customer shall become liable and shall bear all risk of loss associated with the goods at issue regardless of whether the goods are at a location controlled by Mustang. In the case of Customer pick-up, the truck furnished by Customer is the destination and Mustang’s obligatio