Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to MTN MUD Company, doing business as MTN MUD, with locations in Gillette, WY, Cheyenne, WY, and Williston, ND.
Services refers to the drilling fluid products, mud engineering services, technical support, delivery services, and related offerings provided by the Company.
Website refers to MTN MUD’s website, accessible from the current domain.
Customer or You means the individual, company, or legal entity accessing or using the Services, as applicable.
Products refers to drilling fluids, mud additives, lost circulation materials, and related materials offered by the Company.

Acknowledgment

These are the Terms and Conditions governing the use of our Services and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Services.

Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all customers, visitors, users and others who access or use the Services.

By accessing or using the Services You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Services.

Services and Products

The Company provides drilling fluid products and services to the oil and gas industry, including but not limited to:

Oil-based and water-based drilling fluids
Mud engineering and technical support
Lost circulation materials and solutions
24/7 delivery services
Mud lab analysis and testing
On-site engineering support

All products and services are subject to availability and the Company reserves the right to discontinue or modify offerings at any time.

Orders and Pricing

All orders are subject to acceptance by the Company
Pricing is subject to change without notice
Payment terms will be established on a per-customer basis
The Company reserves the right to require advance payment or other security for orders
Quantities, specifications, and delivery schedules are subject to confirmation

Delivery

Delivery times are estimates and not guaranteed
Risk of loss passes to the Customer upon delivery
The Company will make reasonable efforts to meet requested delivery schedules
Emergency delivery services may be available at additional cost

Product Specifications

All products are manufactured and supplied in accordance with industry standards
The Company makes reasonable efforts to ensure product quality and consistency
Product specifications are subject to normal manufacturing tolerances
Technical data sheets are available upon request

Limitation of Liability

To the maximum extent permitted by applicable law:

The Company’s liability shall be limited to the purchase price of the products or services in question
The Company shall not be liable for indirect, consequential, or incidental damages
The Company shall not be liable for damages resulting from delays, failures to perform, or interruptions in service
The Company’s products and services are provided for use in industrial operations and customers assume all risks associated with their use

Warranties and Disclaimers

Products are warranted to conform to their specifications at time of delivery
The Company makes no warranty regarding the suitability of products for any particular application
Technical advice and recommendations are provided as a courtesy and without warranty
The Company disclaims all implied warranties of merchantability and fitness for a particular purpose to the extent permitted by law

Indemnification

Customer agrees to indemnify and hold harmless the Company from any claims, damages, or expenses arising from Customer’s use of the products or services, except to the extent caused by the Company’s gross negligence or willful misconduct.

Safety and Compliance

Customers are responsible for using products safely and in accordance with applicable regulations
Material Safety Data Sheets (MSDS/SDS) are available for all products
Customers must comply with all applicable environmental, health, and safety regulations
The Company assumes no responsibility for Customer’s safety practices or regulatory compliance

Intellectual Property

All technical data, formulations, processes, and methodologies remain the proprietary information of the Company. Customers may not reverse engineer, reproduce, or disclose such information without written permission.

Termination

We may terminate or suspend service immediately, without prior notice, for any breach of these Terms and Conditions or for any other reason at our sole discretion.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

Disputes Resolution

Any disputes arising from these Terms or the Services shall be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Wyoming.

Changes to These Terms and Conditions

We reserve the right to modify or replace these Terms at any time. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

Contact Us

If you have any questions about these Terms and Conditions, please contact us:

Phone: 307-682-8688
Email: [email protected]
Address: 103 E. Lincoln St., Gillette, WY 82716