Blue Dot, Inc.

Servicing the
Oil & Gas Fields
of the Appalachian Basin

Contract Conditions

I. BASIS OF CHARGES FOR TOOLS RENTED FROM BLUE DOT SERVICES, INC.

A. EQUIPMENT RENTAL

Equipment used will be charged at the posted rental prices and are subject to change without notice. The first calendar day used, or any part thereof, constitutes the first day rental. Additional calendar days of usage, or any part thereof, constitutes additional rental days.

Equipment obtained from an outside source is subject to the conditions if any, established by the supplier. A competitive mark-up will be applied to the prices established by the supplier for such Equipment.

All charges associated with moving Equipment will be the responsibility of the customer.

B. SPECIAL EQUIPMENT

Special Equipment ordered and built for a specific job will be charged on the basis of the shop charges (time and material) plus applicable rental charges. If the Equipment is not used, a minimum rental will be charged in addition to the shop charges. All necessary welding will be charged at a rate of $50.00/Hour plus materials.

Some equipment is available with left hand treads or connections. If such equipment is not routinely manufactured or does not have specific left hand prices published in this book, add an additional 50% to the published price of the Equipment with right hand threads or connections.

C. STAND-BY RENTAL

Equipment will be charged on the basis of the days used. Most conventional fishing Equipment may be rented on a stand-by basis. See individual Equipment listing for the applicable stand-by rental charge. When obtained on a stand-by basis, and the Equipment is used, regular rental rates will apply, in addition to the stand-by charge, for the days used. IN NO INSTANCE WILL STAND-BY CHARGES TAKE THE PLACE OF THE ACTUAL USAGE CHARGES.

INSPECTION AND REPAIRS

All inspection charges will be charged to the CUSTOMER. In addition, repairs to damaged Equipment or parts thereof will also be charged to the CUSTOMER. A charge of $1.00 per connection will be charged for cleaning.

D. EQUIPMENT DAMAGED BEYOND REPAIR OR LOST EQUIPMENT

If Equipment, is damaged beyond repair, lost in hole, lost in transit or not returned for any other reason, the rental period will end when Blue Dot Services, Inc. is notified in writing of such occurrence, CUSTOMER will be charged the applicable replacement charge in addition to accrued rental charges.

Equipment or parts thereof which are damaged beyond repair will be held up to sixty (60) days from the date of return for the CUSTOMER'S inspection and disposition. After sixty days, such Equipment will be disposed of at Blue Dot Services, Inc. sole discretion.

II. BASIS OF CHARGES FOR TOOLS RENTED WITHOUT BLUE DOT SERVICES, INC. SUPERVISOR. EQUIPMENT RENT WITHOUT BLUE DOT SERVICES, INC SUPERVISOR IS RENTED SUBJECT TO ALL TERMS AND CONDITIONS FOR EQUIPMENT RENTED WITH SUPERVISOR PLUS THE FOLLOWING:

1. EQUIPMENT RENTAL

Equipment rented in excess of thirty (30) days will be invoiced at the end of each thirty (30) day period until the Equipment is returned.

CUSTOMER will specify the location where Equipment will be used. Equipment may be transferred to another location only with Blue Dot Services, Inc. permission. Such permission shall not be unreasonably withheld. Each time Equipment is transferred to another location, a first day charge or minimum rental charge will be assessed plus any additional day's rental until the Equipment is returned.

III. GENERAL CONDITIONS

A. TAXES

When the CUSTOMER requests Blue Dot Services, Inc. to furnish Fishing Services and/or Equipment in any location in which the CUSTOMER is required to withhold taxes from gross income, CUSTOMER agrees that these withholding taxes will be CUSTOMER'S own expense and that the CUSTOMER agrees all prices reflected herein are net of all taxes.

B. CREDIT FOR EQUIPMENT SOLD

Should any Equipment be sold, and later returned to, and accepted by Blue Dot Services, Inc., Blue Dot Services, Inc. will credit the CUSTOMER'S account for seventy-five percent (75%) of the original sale price. At the same time, Blue Dot Services, Inc. will charge the CUSTOMER for the applicable rental rates for the time the Equipment was not in Blue Dot Services, Inc. possession up to the sale price of the tool.

C. THIRD PARTY ITEMS

All third party items such as, but not limited to, inspections, transportation, sub-rentals and sub-contracted repair and manufacture will be for the customer's account. As such, at the sole discretion of Blue Dot Services, Inc., a competitive mark-up may be applied.

D. LIMIT OF LIABILITY

Rental will be charged for the entire number of days out of our possession. Twenty-Four (24) hours or any part thereof, constitutes a full day. Charges will be made for all freight, express, and drayage, and all damage to tools, and all parts lost or destroyed.

WELL CONDITIONS - Well Conditions which prevent satisfactory operation of tools do not relieve renter of his responsibility for rental charges. STAND-BY CHARGES – Renters anticipating need of tools, may secure them on the following basis: Whether used or not, a First day's rental will be charged for each tool for every month, or fractional part thereof, and in addition regular rental rates will be charged for each time used. We positively, do not guarantee any rental tool in any respect, and party renting it assumes all responsibility while tool is in his possession. It is expressly understood and agreed that the above-described work shall be done under the exclusive control, direction, and supervision, of the owner or contractor. Blue Dot Services, Inc. reserves and retains title to all property mentioned therein.

Used equipment sold as is, where is, with no warranty intended or implied. New equipment sold under Manufactures Warranty Policies.

LIABILITIES, RELEASES, AND INDEMNIFICATION:

Except to the extent caused by Blue Dot Services, Inc. negligence, CUSTOMER shall release, defend, indemnify and hold BLUE DOT SERVICES, INC., its parent, subsidiary and affiliated or related companies, and its and their respective officers, directors, employees and agents harmless from and against all Claims asserted by or in favor of any person or entity, arising out of or related to the performance of or subject matter of this Agreement, in respect of damage or loss or destruction of property and in respect of personal or bodily injury, illness, disease, or death.

E. CONFIDENTIALITY

BLUE DOT SERVICES INC. shall maintain all data and information obtained from CUSTOMER in strict confidence, subject only to disclosure required by law or legal process. The design, construction, application, and operation of BLUE DOT SERCIVES, INC. Services, Equipment, and Products embody proprietary and confidential information. CUSTOMER shall maintain this information in strict confidence and shall not disclose it to others.

F. APPLICABLE AND GOVERNING LAW

Both BLUE DOT SERVICES, INC. and CUSTOMER agree to be subject to all laws, rules and regulations, whether federal, state or municipal, which now or in the future may be applicable to any work performed hereunder or are applicable to BLUE DOT SERVICES, INC. or CUSTOMER's business or employees engaged in or in any manner connected with its performance hereunder. THIS AGREEMENT SHALL BE GOVERENED BY AND INTERPRETED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF WEST VIRGINIA, EXCLUDING CONFLICTS OF LAW AND CHOICE OF LAW PRINCIPLES.

G. WASTE CLEAN-UP AND ENVIRONMENT

BLUE DOT SERVICE, INC. is committed to operating environmentally safe facilities and providing environmentally safe products and services. However, in the event tools and equipment are returned in an abnormally dirty condition, we may elect to charge for extra clean up. This charge will be 1% of the ticket not to exceed $100.00.

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