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    • Terms &
    Conditions

    Effective Date: April 2026

    1. Applicability & Agreement

    These Terms and Conditions (“Terms”) govern all maintenance, repair, and related services (“Services”) provided by H2O Power Equipment, LLC (“Company”) to the customer identified in the applicable service agreement (“Client”).

    These Terms, together with any signed agreement, proposal, or scope of work (collectively, the “Agreement”), represent the entire agreement between the parties and supersede all prior communications, whether written or oral.

    Any terms provided by Client are expressly rejected unless agreed to in writing by Company.

    2. Changes to Terms

    Company may update these Terms from time to time. Updated Terms will apply to Services performed after they are posted or communicated. Continued use of Services constitutes acceptance of the updated Terms.

    3. Scope & Performance of Services

    Company will perform Services in a professional and workmanlike manner and will make reasonable efforts to meet estimated service dates.

    Client agrees to:

    • Provide timely access to equipment and facilities
    • Supply accurate and complete information
    • Respond promptly to requests for approvals or decisions
    • Maintain compliance with all applicable laws and safety requirements

    Delays caused by Client may result in rescheduling, additional charges, or extended timelines.

    4. Client Responsibilities & Site Conditions

    Client is responsible for ensuring:

    • Safe and accessible working conditions
    • Proper utility access (water, power, fuel if required)
    • Equipment is available and ready for service

    Company is not responsible for delays, damage, or additional costs caused by unsafe or inaccessible conditions.

    5. Term & Renewal

    The Agreement begins on the effective date and continues through the stated term unless terminated earlier.

    Unless otherwise stated, agreements automatically renew for successive terms unless written notice is provided at least 30 days prior to renewal.

    6. Termination

    By Company

    Company may terminate:

    • With 30 days written notice, or
    • Immediately if Client breaches these Terms

    By Client

    Client may terminate:

    • At any time with written notice
    • Early termination may result in a cancellation fee equal to the remaining scheduled service value

    Termination for cause is allowed if a material breach is not cured within 30 days.

    7. Pricing & Rate Adjustments

    Service pricing is outlined in the Agreement (“Rate of Service”).

    • Annual adjustments of 2.5% may apply at renewal
    • Additional repairs, labor, or parts are billed at current rates
    • Prices do not include applicable taxes or fees

    8. Payment Terms

    • Payment is due as outlined in the Agreement
    • Unless otherwise approved, all work is cash on delivery

    Late payments:

    • Subject to interest up to 1.5% per month (or max allowed by law)
    • May result in suspension of Services
    • Client is responsible for collection costs, including legal fees

    Client may not withhold payment due to disputes.

    9. Warranty Disclaimer

    Services are provided “as is” without warranties of any kind, including implied warranties of merchantability or fitness for a particular purpose.

    10. Limitation of Liability

    To the fullest extent permitted by law:

    • Company is not liable for indirect, incidental, or consequential damages (including lost revenue or downtime)
    • Total liability is limited to the amount paid for Services

    Exceptions apply only in cases of gross negligence or willful misconduct.

    11. Compliance with Laws

    Client is responsible for complying with all applicable laws, regulations, permits, and safety requirements related to equipment and operations.

    12. Confidentiality

    All non-public business, pricing, and operational information shared by Company is confidential and may not be disclosed without written consent.

    13. Force Majeure

    Neither party is liable for delays caused by events outside reasonable control, including but not limited to:

    • Weather events
    • Supply chain disruptions
    • Labor shortages
    • Government actions
    • Utility outages

    If such conditions persist beyond 60 days, either party may terminate the Agreement.

    14. Assignment

    Client may not assign or transfer this Agreement without written approval from Company.

    15. Independent Contractor

    Company operates as an independent contractor. Nothing in this Agreement creates a partnership or employment relationship.

    16. Governing Law & Dispute Resolution

    These Terms are governed by the laws of the State of Colorado.

    Disputes will be resolved through:

    1. Binding arbitration in Denver, Colorado
    2. If necessary, legal action in Denver County courts

    Both parties waive the right to a jury trial.

    17. Notices

    All notices must be in writing and delivered via:

    • Mail
    • Courier
    • Email (if agreed upon in writing)

    Company address:
    6057 East 49th Drive
    Denver, CO 80022

    18. Severability

    If any provision is deemed invalid, the remaining provisions remain enforceable.

    19. Survival

    Provisions that should reasonably survive termination will remain in effect.

    20. Amendments

    These Terms may only be modified in writing and signed by both parties.