Terms and Conditions

UNITED UPTIME SERVICES

 

Last Updated: January 23, 2026

Please read carefully.

TERMS AND CONDITIONS OF SALE

United Uptime Services, Inc. (including its direct and indirect subsidiary entities) hereinafter referred to as “Seller.” Party procuring goods and/or services from Seller hereinafter referred to as “Customer.” 

  1. Acceptance of Terms. Customer’s acceptance of work performed and/or goods delivered by Seller shall be considered Customer’s acceptance of the following terms and conditions and no other terms and conditions, or amendment to these terms and conditions, shall apply unless expressly accepted by Seller in a writing signed by Seller’s authorized representative. As used herein, “Agreement” means these Terms and Conditions and the sales order or quotation issued by Seller or other document evidencing the scope of work and price for goods and/or services delivered by Seller (the “Base Sale Document”).
  2. Unless expressly stated otherwise in the Base Sale Document, prices are exclusive of all applicable taxes and applicable taxes will be added to the invoice.
  3. Payment Terms. Payment terms are as specified in the Base Sale Document issued by Seller, if any. If no payment terms are specified, payment is due within 30 days of the date of Seller’s invoice.
  4. Late Payment. Seller reserves the right to charge Customer 1.5% of the amount of any past due balance for each 30 days that payment is late, but in no event in excess of the maximum interest rate chargeable under applicable law. Customer agrees that if Seller engages a third-party collector or files litigation to collect the amount owed Seller, Seller’s actual, reasonable out-of-pocket expenses incurred in collecting the delinquent amount and accrued late payment fees will be added to the amount owed.
  5. Scope Exclusions. Seller’s scope of work is limited only to items expressly identified and priced in the Base Sale Document. Any other work, even if necessary for completion of Seller’s scope of work, is Customer’s responsibility.
  6. Customer Premises. Customer shall provide Seller with full access to all areas of Customer’s premises necessary for performance of Seller’s work and warrants that any vehicle access routes are sufficient to bear the weight of trucks and any construction equipment needed for Seller’s performance. Customer shall defend, indemnify and hold Seller harmless from and against any damage, loss or claims, including, without limitation, reasonable attorney fees and expenses, resulting from any hazardous condition on Customer’s premises that is not open and obvious and/or any misidentification by Customer of Customer’s tanks or equipment.
  7. Limited Warranty. For one year after completion of Seller’s scope of work, Seller will repair any aspect of the work not in conformance with specifications or defective in workmanship, and Seller will repair or replace, at Seller’s option, any defective finished part or component manufactured by Seller. For any finished part or component not manufactured by Seller, Seller makes no warranties whatsoever but extends any manufacturer’s or supplier’s warranty applicable to such part or component to Customer to the extent enforceable by Seller. NO OTHER WARRANTIES ARE MADE WITH RESPECT TO GOODS AND/OR SERVICES PROVIDED BY SELLER, AND SELLER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  8. Limitation of Liability. IN NO EVENT SHALL SELLER’S LIABILITY RELATING TO THIS AGREEMENT OR ANY GOODS AND/OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT OR STRICT LIABILITY, EXCEED THE COMPENSATION ACTUALLY PAID BY CUSTOMER FOR SUCH GOODS AND/OR SERVICES EXCEPT TO THE EXTENT CAUSED BY SELLER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
  9. Consequential Damage Waiver. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF USE, RELATING TO THIS AGREEMENT OR ANY GOODS AND/OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT.
  10. Seller may subcontract some or all of the scope of work without notice or consent, provided, however, that Seller shall retain all obligations under this Agreement as if Seller had performed the work performed by any subcontractor.
  11. Applicable Law. This Agreement will be interpreted, construed and governed by the internal laws of the State of Texas (other than its conflict of laws principles).
  12. Dispute Resolution. In the event of any controversy or claim arising out of or relating to this Agreement, or the breach thereof (a “Claim”), Seller and Customer shall first negotiate in good faith to attempt to resolve. If such negotiation does not result in resolution, the Claim shall be settled by arbitration administered by an arbitration organization agreed upon by the parties, in accordance with arbitration rules agreed upon by the parties, at a location agreed upon by the parties, if the parties are unable to agree, such arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and shall be conducted in Houston, Texas. The award of the arbitration shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues or accounting presented to the arbitrators. Judgment on the award rendered by the arbitrator(s) may be entered in and enforced by any court of competent jurisdiction.
  13. If any provision of this Agreement, or application thereof, is deemed invalid, illegal or unenforceable, the provision or application will be reformed to the extent possible to make it valid, legal and enforceable, with such reformation to be effective as of the date of this Base Sale Document. If the provision or application cannot be reformed to be legal, valid and enforceable, then the provision or application will be severed from this Agreement and the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, illegal or unenforceable, will not be affected. Each term and provision of this Agreement will be valid to the fullest extent permitted by applicable law.
  14. No Waiver. Neither the failure nor delay of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence 
  1. Each provision in this Agreement that by its terms applies after completion of Seller’s scope of work shall survive and remain in effect according to its terms notwithstanding completion or any termination of this Agreement.

 

Contact Information

For questions about these Terms, please contact:

United Uptime Services
8559 East North Belt
Humble, TX 77396
📧 marketing@uniteduptime.com
🌐 www.uniteduptime.com