Terms & conditions

Thank you for visiting www.huntingplc.com. We hope that you will find this website ("Site") helpful and informative.

The following are the terms and conditions ("Terms") that apply to and govern your use of this Site. These Terms also incorporate our Privacy Statement. If you do not agree with any terms or conditions herein, or have any questions, before proceeding contact us directly at webmaster@hunting-intl.com, and we will be pleased to assist you.

BY CHOOSING TO ACCESS AND USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS.

Please note that these Terms exclusively govern your access and use of this Site and do not alter or affect the terms and conditions of any other agreement that you may have or enter into with any Hunting International entity for any given product or service. The latter agreement will continue to govern that specific legal relationship with Hunting International. However, some pages on this Site or areas of this Site with restricted access ("Secured Sites", including project extranets or sites engaged in e-commerce) may require the application of additional or special terms and conditions (for example, licensing restrictions to download software) which may be accessed through a separate link on the home page of that Site.

In order to improve our service to you, we reserve the right to make changes in the access, operation, and content of this Site at any time without notice. We also reserve the right to make changes in the Terms and the Privacy Statement, so please check before each use for changes.

Access to some areas on this Site is restricted to users ("Authorized User(s)") who have completed a registration process and who have then been granted authorization for access through issuance of a unique user ID and password ("Secured Site(s)"). No other persons other than Authorized Users may access these Secured Sites. Registrations, passwords, and user ID numbers are non-transferable.

Due to technical uncertainties in internet transmissions, Hunting International cannot be responsible for authenticating the identity of any person accessing a Secured Site with a verified user ID and password. As an Authorized User, you are solely responsible and liable to maintain the security and confidentiality of your password and user ID, and accordingly, you are liable for all resulting access, use and activities on these Secured Sites under this ID and password, including any use by others "borrowing" the user ID and password, or any fraudulent, erroneous, or unauthorized third party use.

Should you become aware that your name, identity, account, system, electronic signature, registration, user ID, password, or other protected data or your identity is being used or attempted to be used on a Secured Site or otherwise by an unauthorized third party, or in the event of any other possible error, misuse or fraud, it is your responsibility to inform us immediately upon discovery so we may take appropriate action. We reserve the right to terminate any Authorized User's access to and use of a Secured Site at any time, and without notice, including but not limited to any possible or alleged misuse, abuse, violation of law, fraud, or misconduct by any person accessing or using the Secured Site under a user ID and password.

You acknowledge that, unless otherwise specifically designated, Hunting International is the sole owner of all intellectual property rights to this Site and its contents, including but not limited to copyright protection for all content, including the design, layout, graphics, photos, format, and other visual elements of the Site.

All ownership rights pertaining to the information and material contained on this Site, including but not limited to the Hunting International name, logos, trademark, graphics, photos, images, and content, are owned or have been duly licensed by Hunting International, WITH ALL RIGHTS RESERVED.

The Site pages and content may be electronically copied or printed in hard copy for internal informational, personal or non-commercial use only, provided that no modifications are made, it is not published in any media, and on each page of ever internal copy, Hunting International is acknowledged as the source with a copyright symbol. You are not granted any license to use the content.

Any use other than that set forth above, including the non-internal reproduction, modification, copying, display or use of any copyright-protected Hunting International or other logo, graphic, photo or image, without the prior written permission of Hunting International, is strictly prohibited and will be enforced to the full extent of the law. Except for data and information submitted pursuant to an existing agreement with Hunting International, any ideas, material, or content submitted by any user on or through this Site (including by e-mail) is, to the extent you own the intellectual property rights, the sole property of Hunting International, and Hunting International has no obligation of confidentiality nor are we responsible for any claims of infringement or misappropriation that may result from any submission.

Personal information submitted will be treated in accordance with our Privacy Statement. Hunting International makes no guarantee, representation or warranty that the content of this Site or its use will not infringe upon the intellectual property right of any person, nor that the use, transfer, reproduction, distribution, transmission, or storage of any Site content outside the United States is in compliance with the laws of any other governmental authority or jurisdiction which may be applicable.

The information on this Site is provided for general information purposes only. While Hunting International strives to provide timely, accurate and complete information, you may discover some inadvertent typographical, technical, factual, or other errors or omissions in the information provided. Please bring them to our attention by getting in touch.

Since such mistakes may occur, HUNTING INTERNATIONAL MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE SECURITY, TIMELINESS, RELEVANCY, SUFFICIENCY, ACCURACY, RELIABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPLETENESS OF ANY DATA, INFORMATION, OR SERVICES FURNISHED TO YOU ON OR THROUGH THIS SITE, OR CONCERNING THE INFORMATION YOU PROVIDE TO US. WE ARE PROVIDING THE INFORMATION AND OTHER CONTENT CONTAINED HEREIN ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS, AND ALL WARRANTIES (EXPRESS OR IMPLIED) ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

For the convenience of our users, some areas on this Site may allow for interactive communication, some of which may be conducted in "real time". You agree not to post any content which is or may be, in whole or in part: false, unlawful, criminal, fraudulent, misleading, infringing, libelous, slanderous, defamatory, profane, racist, sexist, threatening, inflammatory, obscene, invasive of personal or privacy rights, advertising, promoting or soliciting for commercial purposes, containing any known viruses or bugs, or which is otherwise harmful, offensive, inappropriate, or unprofessional.

Hunting International has no obligation to monitor, screen, filter or edit any information, communication, or content that is directly posted by or shared by users on the Site, however we may at our discretion from time to time monitor use of the Site, and we reserve the right to delete or edit any objectionable content posted or submitted by authorized users, terminate the user's access to the Site, deny future access, or take any other action we deem appropriate under the circumstances.

Please report any such violations to us at webmaster@hunting-intl.com. Hunting International will handle any personally identifiable data or information posted by you in accordance with our Privacy Statement, however, any third party liability or usage which may arise from your posting will be solely at your own risk. Information obtained through monitoring our Site may also be used for duly authorized law enforcement investigations. We also reserve the right to identify and investigate inquiries to the extent required to comply with applicable laws and regulations, including but not limited to U.S. export control laws and executive orders. Hunting International will have no liability for any content posted by users on any Site (including Secured Sites).

This Site is operated from servers located in Houston, Texas. You agree that your use of this Site will be in compliance with all relevant and applicable laws and regulations, which shall include but not be limited to U.S. export control laws and executive orders. The information provided on and through this Site or any Secured Site may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States.

IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES PERTAINING TO ANY POTENTIAL ACCESS, TRANSFER AND USE OF ANY INFORMATION HEREIN WHICH MAY BE DEEMED TO BE "CONTROLLED" AS DEFINED BY LAW.

This Site may not be accessed or used by any national of certain countries or groups against which the United States has instituted sanctions (including Iran, Libya, Iraq, Cuba, the Sudan, and members of some Angolan and Serbian groups), Specially Designated Nationals, and other proscribed persons who are listed on the Denied Parties list. Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use the Site, including any Secured Site, your access of the Site, including the presentment of any authorized user ID and password, constitutes your express representation that

1. the person attempting access there under is not a national of any such sanctioned country or group or a Specially Designated National, and

2. is not included on such Denied Parties list, and

3. that, if an Authorized User, you have not disclosed or provided such password and user ID to any such person for use under your registration.

Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph, and SUCH USER HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD HUNTING INTERNATIONAL HARMLESS FROM AND AGAINST ANY AND ALL SUCH DAMAGES AND LIABILITY.

So that this Site remains to the extent possible open and available to all users, we have mechanisms in place to identify unauthorized attempts to gain access to Secured Sites, upload or change information or any image, inject any harmful elements, or otherwise cause damage. Regardless, even though we strive to keep these mechanisms up to date, due to the technical uncertainties, we are unable to make any representation or warranty that the content, information, or links in this Site are secure and free of data-processing errors, technical glitches, operational problems, interruptions, errors, bugs, worms, viruses, unauthorized third party access, or any other harmful elements.

YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS WHEN USING THIS SITE.

Unauthorized attempts to upload, insert, or change any information or image on this Site or cause harm are strictly prohibited and may be punishable to the full extent of the law, including the Computer Fraud and Abuse Act and the National Information Infrastructure Protection Act.

For your information or convenience, this Site may contain direct links or hyperlinks to websites that are maintained by third parties. When clicking on such a link, you are leaving our Site. Therefore, Hunting International has no control over, does not endorse, and is not liable for, the quality, operation, reliability, compliance with laws, ethics, business practices, nor content of such third party websites, or for any product or service advertised or provided therein. Any transactions with such third parties, including provision of your personal information, are strictly at your own risk. We expressly disclaim all liability arising from your access of and for the content contained within or through any such third party website.

If you are accessing this Site from outside the United States, you are doing so at your own risk, and you remain fully responsible and liable for familiarity and compliance with these Terms as well as with the laws, regulations, directives, codes, and rules of the United States, including its export compliance laws and regulations, as well those of the jurisdiction from which you are accessing the Site, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on this Site, or any commercial transactions conducted on or through this Site.

The use of your personal information given to us during your visit to our Site is governed by the Hunting International Privacy Statement, which is posted on this Site and incorporated into these Terms. You agree that any personal information you choose to provide to us will be accurate and truthful to the best of your knowledge.

YOU AGREE THAT HUNTING INTERNATIONAL AND ITS AFFILIATES AND DIVISIONS, CUSTOMERS, PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, ASSIGNEES, SUCCESSORS, INSURERS AND AGENTS, ARE NOT LIABLE IN ANY RESPECT FOR ANY DAMAGES (INCLUDING FOR ANY SPECIAL, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR LOSS OF ANY NATURE WHICH MAY OCCUR AS A RESULT OF YOUR ACCESS AND USE OF THIS SITE.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HUNTING INTERNATIONAL AND ITS AFFILIATES AND DIVISIONS, ITS CUSTOMERS AND JOINT VENTURE PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, ASSIGNEES, AND AGENTS, FOR ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES ARISING FROM YOUR USE OF THE SITE IN BREACH OF THESE TERMS OR IN VIOLATION OF LAW.

SHOULD THE ABOVE PROVISIONS BE HELD TO BE UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY REASON CONNECTED TO YOUR USE OF THIS SITE WILL IN NO EVENT EXCEED THE SUM OF $100.00. ALL OTHER TERMS AND CONDITIONS HEREIN WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION SHOULD BE FOUND UNENFORCEABLE.

You agree that these Terms will be interpreted under the laws of the State of Texas, regardless of any conflicts of laws rules, and regardless of the laws of any other jurisdiction which may be asserted. Any dispute or claim which you may have ("Claim") arising from your access or use of the Site shall be first submitted in writing to Hunting International within one month (30 days) from the occurrence of the event upon which such Claim is alleged to be based, or such Claim shall be deemed waived.

Any Claim which has been properly submitted to Hunting International which has not been resolved within a reasonable period time not to exceed six (6) months may be submitted to binding arbitration as an exclusive alternative to litigation.

YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY LITIGATION IN ANY JURISDICTION AGAINST HUNTING INTERNATIONAL BASED ON YOUR ACCESS OR USE OF THIS SITE OR UNDER THESE TERMS.

Any arbitration will be administered by the American Arbitration Association in Houston, Texas, in accordance with its applicable commercial rules and procedures. Any arbitral award will specifically exclude any special, indirect, incidental, exemplary, punitive, or consequential damages.

1. Price

The price set forth on the face of this invoice is not a firm price, and Seller reserves the right to change or alter the selling price to conform to changes in its published mill price in effect at the time the goods are ready for delivery.

2. Shipping Terms

Unless otherwise specified on the face of this invoice, Seller agrees to ship the goods to Buyer at Buyer’s place of business by common carrier. Buyer agrees to pay all transportation, packing and shipment charges incurred after the goods are delivered to such carrier, including loading and unloading costs. If Seller pays such costs in advance, Buyer agrees to promptly reimburse Seller. Failure of Seller to notify Buyer of shipment shall not be grounds for rejecting the goods unless the goods are materially delayed. It shall be Buyer’s obligation to insure goods in transit.

3. Payment Terms

Unless otherwise agreed in writing by the parties, the total amount is payable 30 days from the date of invoice in U.S. dollars. Cash discounts are available as specified on the face of this invoice. Only the sale amount is subject to discount. Freight, taxes, storage, shipping or other charges are not subject to discount for cash. [“Cash” means an invoice shall be paid on or before the 10th day from invoice date.] An invoice is “paid” upon receipt of good funds at Seller’s post office box. In event payment is not made within the time required hereby, all unpaid balances shall bear interest at 18% per annum, or prime plus 2%, whichever is higher, but in no event shall such unpaid balance bear interest at a rate higher than the highest rate permitted by applicable law. All sales and use taxes shall be paid by Buyer and added to the purchase price.

4. Description of Goods

Seller represents that goods conform to the description set forth on this invoice. In the event that such goods are found not to conform to the description, Buyer shall notify Seller within 10 days after the goods are delivered. Failure to give such notice or make any claim within 10 days after the goods are delivered shall constitute an irrevocable acceptance of the goods with respect to description.

5. Quantity

Quantities are estimates only and are subject to count upon delivery to the carrier. Any claim for shortages or excess shipments shall be made within 10 days after the goods are delivered. All goods may be shipped in partial shipments. Any backordered items shall be shipped within a reasonable time.

6. Title; Risk of Loss

Title and risk of loss shall pass to Buyer as soon as the goods are deposited with the carrier. Any breach of this Agreement shall have no effect upon risk of loss, and section 2.510 of the Texas Uniform Commercial Code shall have no effect on this Agreement.

7. Claims

All claims for damages, errors or shortages in goods delivered by Seller to Buyer shall be made by Buyer within 10 days after the goods are delivered to Buyer. Failure to make any claim within 10 days shall constitute irrevocable acceptance of the goods in all respects. If Buyer rejects or revokes its acceptance of any goods tendered it must notify Seller in writing fully specifying all claimed defects and non-conformities. Failure to specify any defect or non-conformity will constitute a waiver of that defect or non-conformity.

8. Remedies

Seller shall have the right to stop goods in transit as provided by the Texas Uniform Commercial Code whether the goods are shipped to Buyer or some third party. In the event that any part of the goods delivered under this Agreement is not in conformity with this Agreement, Seller shall have 3 months to remedy any defects and Buyer’s sole remedy shall be replacement or repair (if repair is practical) at Seller’s option. Buyer shall not ship any goods back to Seller without Seller’s permission, and in any event shall ship all goods back freight prepaid. Should the goods, in fact, be noncomforming, Seller will reimburse Buyer for prepaid freight, but only if approval to reship to Seller has been previously obtained as provided herein.

Buyer’s rejection of any goods or valid revocation of acceptance shall not be deemed to be a breach of the whole contract unless such breach shall go to the whole contract. Buyer shall have no security interest in the goods so rejected and expressly waives its right to a security interest under section 2.711(c) of the Texas Uniform Commercial Code.

9. Warranties and Liability

Seller’s sole warranties are as to title and to description. Otherwise, any goods covered by this invoice are sold as is and Seller EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER FURTHER SHALL NOT BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND. Additionally, to the extent permitted by law, Seller shall have no liability for personal injuries, property damage, economic loss or other damage caused by or arising out of the use of the goods sold by Seller whether such liabilities are asserted on a theory of negligence, strict liability, other tort, contract or any other theory.

10. Interpretation

This Agreement is the complete and exclusive statement of the terms and conditions of the parties hereto and supersedes all other agreements of the parties with respect to the subject matter hereof. Provided, however, in the event the parties hereto have separately executed a purchase-sale contract extending for more than one year, the terms of such contract shall control over inconsistent terms herein.

11. Modification

The terms and conditions of this Agreement cannot be modified, waived or rescinded except by a writing signed by the party against whom such modification or waiver is asserted. Only a duly authorized officer of Seller can modify or waive any printed term hereof.

12. Applicable Law

THE PARTIES AGREE THAT THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES THEREOF. Should any term or provision be declared invalid or unenforceable, all other provisions shall remain in effect.

13. Arbitration

The parties agree that all matters, disputes and claims shall be submitted to arbitration by a panel of three (3) arbitrators pursuant to the rules of the American Arbitration Association in Houston, Texas. In the event the purchase price has not been paid, it shall be a condition of any arbitration brought by Buyer that both (a) the amount in dispute be placed in an interest bearing escrow account in a bank authorized to do business in Texas and (b) the amount not in dispute be paid to Seller. The order of the arbitrators shall be binding on the parties and shall be enforceable in any court of competent jurisdiction.

14. Further Assurances

The parties hereto agree to execute such further documents as may be reasonably required to carry out the intentions of the parties under this Agreement.

15. Delay

Seller shall not be held liable for any delay in deliveries if such delays are due to governmental restrictions or controls, allocations, acts of God, force majeure, strike, labor dispute or other causes beyond the reasonable control of Seller.

16. Notice

All notices shall be in writing and shall be delivered (by mail, by hand, by telex, by telegram or facsimile) to the address set forth on the face of this invoice.

17. Cancellation

Buyer agrees that an order shall in no event be subject to cancellation or reduction or modification except by prior written consent of Seller and then only when Seller is fully reimbursed for its costs (including overhead and other indirect costs) for work performed, goods purchased by it or goods ordered by it to satisfy Buyer’s order.

18. Assignment

This Agreement may not be assigned by the parties hereto except that Seller may assign this Agreement to any financial institution without the consent of Buyer as security for financing.

19. Intangible Rights

Seller shall have the right to list Buyer in its literature and advertising as a purchaser of Seller’s goods for a reasonable time period. Seller agrees to hold Buyer harmless from any claims of patent infringement provided that Seller shall be afforded the opportunity to undertake the defense and provided that Buyer gives Seller prompt notice of all such claims.

20. Security

Hunting Energy Services, LP shall maintain a purchase money security interest in the goods covered hereby for any portion of the purchase price not paid at the time of delivery and shall retain this interest until Buyer has paid the full purchase price.

21. Limitations Period

No claim regarding any event, act or omission concerning this invoice may be asserted by either party hereto against the other party more than one (1) year after any event, act or omission that is within the scope of the Texas Uniform Commercial Code, or more than two (2) years after any other event, act or omission.