Terms and Conditions

ALL SALES OF EQUIPMENT, SUPPLIES, ACCESSORIES AND OTHER GOODS AND ITEMS (COLLECTIVELY “EQUIPMENT”) BY ENERTEQ SOLUTIONS, INC. (“COMPANY”) ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. CANCELATIONS, RETURNS & For all Equipment purchased, whether online, by telephone or in person, orders may be cancelled and returns or exchanges are permitted within five (5) days of the order date. To initiate a return or exchange, please contact Company at [email protected] to obtain a return authorization. Be sure to include the item's order number and your reason for the return or exchange. Returns or exchanges that are shipped to Company without authorization may not be accepted. Please allow up to 10 business days for your refund to be processed once we receive your return or exchange.

2. RETURN Return authorization for Equipment shipped in error, or Equipment being returned/exchanged because of defects or damage, will include a pre-paid shipping label. Return shipping on items that are being returned/exchanged for other reasons will be paid for by the customer.

3. ITEMS THAT ARE NOT ELIGIBLE TO BE RETURNED. The following Equipment may not be returned: used Equipment, spare parts, special-order items, and custom Equipment are Not Eligible for return/exchange. We reserve the right to refuse any return/exchange at Company's sole discretion if the item being returned/exchanged does not meet the criteria set forth within this

4. CONDITION OF RETURNED OR EXCHANGED EQUIPMENT. Except for Equipment that was damaged when delivered to customer, all Equipment that is returned may be "open box" but must be unused, undamaged, and complete with all original packaging.

5. FORM OF REFUND Refunds, if issued, will be issued in the original form of payment minus shipping and handling fees unless otherwise stated.

6. RESTOCKING Except for Equipment that is returned/exchanged for being damaged or defective, to cover the cost of inspecting, repackaging, and restocking returned items, a restocking fee of 5% (or the maximum amount permitted by law, whichever is less) will be assessed for the returned Equipment. following items or types of items: All. The restocking fee will be deducted from the refund amount, if any, where permitted by state law.

7. PRICES: Prices are subject to change without notice unless otherwise designated in the The customer agrees to pay the established prices in effect on the date of shipment, or if the shipment is made from a business other than the Company, the established prices on the date of delivery. Prices are F.O.B. shipping point unless otherwise stated in the order. The customer agrees to pay the amount of any sales use or similar tax and any import-export or similar charges imposed by any government authority in connection with the order.

8. PAYMENT TERMS: All invoices are due and payable net thirty (30) days following the date of the invoice in U.S. dollars and payments shall be made to Company at Company’s address in Houston, Texas or to Company’s bank account via wire or electronic payments such as ACH. All past due amounts owing to the company shall bear interest at eighteen percent (18%) per annum. If default is made in the payment of any sums due to the company, the customer agrees to pay all necessary and reasonable attorneys’ fees, court costs, and other expenses incurred by the Company which are necessary and reasonable for collection of the sums due to the

In the event the customer’s business is converted into a corporation, limited partnership or limited liability company after the date of the credit application, the owners of the business agree that such owners  will remain personally liable for the payment of the account unless a new credit application is submitted for the new entity and the new credit application is approved.

9. , DELIVERY: The Company shall not be responsible for any delay or failure to make delivery which is occasioned by causes beyond its control, including but not restricted to fires, floods, freezes, power outages, strikes, labor disputes, accident, embargoes, delays or interruptions of transportation, material or labor shortages, failure to obtain delivery from manufacturers or subcontractors, or by any ruling, regulation or law of any governmental bureau or agency.

Delays so caused shall not release the customer from his obligation to accept and pay for goods. The Company’s responsibility for loss, destruction or damage of the products ceases upon delivery of the merchandise to the carrier or to the customer.

10. CREDIT: All sales, unless for cash in advance or O.D. are subject to approval by the credit department of the Company. Customer or its agent represents that it has the current ability to pay for the Equipment ordered or accepted and it further agrees that the Company reserves the right to require the customer to furnish security for performance of customer’s obligations or to pay cash at the time of delivery.  If the credit of the customer becomes unsatisfactory in the opinion of the credit department of the company prior to delivery of the merchandise covered by the order, the Company may defer delivery until compliance therewith is made, or, at its option, may cancel the contract and refuse further sales to customer. In addition to any constitutional or statutory lien rights Supplier may have, customer hereby grants Company a security interest in all Equipment which was or has been sold to customer hereunder.  In connection therewith, customer authorizes Company to file such Financing Statements as Company deems necessary.

11. LIMITS OF WARRANTIES:
    • Services Provided by Company – Company warrants that repair, refurbishment and installation work performed by the Company’s service centers shall be free of defects arising from workmanship and/or materials for a period of ninety (90) days from the date of service.

THE COMPANY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ANY OTHER WARRANTY, EXPRESS OR IMPLIED.

• Equipment Manufactured by Others – Company does not warrant Equipment manufactured by other businesses, whether sold as separate items or incorporated into another product sold by the C Customer agrees to rely solely upon warranties of these items provided by the manufacturer. A copy of the warranty given by each manufacturer will either be furnished to the customer or will be available to the customer upon written request to the Company.
• Agreement to Limit Warranties and Remedies on Resale – Customer agrees that in the event of any resale of Equipment purchased from the Company, the customer will make such sale expressly subject to the limited warranties and remedies stated Customer agrees to indemnify and hold harmless the Company from any claim, loss, or damage, including attorney’s fees and expenses, resulting from a breach of the agreement contained in this paragraph.
• All used Equipment is sold by the Company without warranties, express or implied, in “as is”
• Warning Notice: The above warranty shall terminate if any unauthorized alterations or repairs are made to the Equipment or if Equipment is found to have been used in any way beyond its designed The foregoing warranty is in lieu of all other obligations and liabilities, including negligence and all warranties of merchantability and suitability, expressed or implied.

12. COMPANY WILL NOT BE RESPONSIBLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF PROFITS, USE OR BUSINESS OPPORTUNITY, OR DAMAGES FOR FAILURE TO MEET DEADLINES.
13. The following are specifically not covered under warranty:

• Items covered under the company preventative maintenance such as adjustments, loose fittings, maintaining lubrication as specified.
• Seals, plungers, valving or packing materials in equipment exposed to corrosive fluids or unusual temperatures and/or pressures.
• Repair cost because of abuse, willful damage, accident, neglect, or failure to follow the specified preventative maintenance program or operating instructions.
• Any work performed on Equipment without the approval from the Company during the warranty
• Shipping damage; claims must be made with freight All Equipment should be inspected to the point of being received by the customer before the carrier leaves the premises, otherwise claims will

not be accepted.

14. RESPONSIBILITY FOR SAFE APPLICATION OF THE PRODUCTS: Customer is responsible for the safe use of the Company’s Customer agrees to instruct and inform all persons installing, operating, or servicing the Company’s products concerning the safe use of the Company’s products, and to maintain all safety warning plates or labels on the Company’s products in good condition to safeguard against injuries to persons or property. Customer agrees to indemnify and hold harmless the Company for any claims, losses, or expenses, including reasonable attorney’s fees, arising out of any injury to any person or damage to any property caused by the customer’s breach of the agreements contained in this paragraph.

15. PLACE OF PLACE PAYMENT AND APPLICABLE LAW: The customer agrees to pay all sums which may become due for an order, or which may otherwise be owed to the Company, at the principal office of the Company in Houston, All orders shall be governed by and construed in accordance with the laws of the State of Texas.

16. FORBEARANCE – NO WAIVER: Forbearance or failure of the Company to enforce any of these conditions or to exercise any right accruing from any default of the customer shall not affect or impair the company’s rights, should such default continue, or in case of any subsequent default of customer, nor shall such forbearance or failure be deemed a waiver of the Company’s rights in case of other or future defaults of the customer.

17. THESE CONDITIONS CONTROL ALL ORDERS: These terms and conditions shall supersede all other conditions and provisions, notwithstanding previous communications to the contrary and shall be deemed to be incorporated in full in every document exchanged between the Company and the Any additional terms and provisions are expressly rejected by the Company. In the event of a conflict between these terms and conditions and the provisions of any other document between the Company and the customer, these conditions shall be controlling, unless otherwise agreed in writing and signed by both the company and the customer.

If you have any questions about this return policy, please contact us at Phone, Email, or Website.

1. Equipment Rental. Customer hereby agrees to lease from Enerteq Solutions DBA ESI Flange Spreader Rentals,

the equipment identified on the rental contract (the “Equipment”), and as consideration therefore, Customer agrees to pay the rental fees in the amounts and within the time frames set forth on Rental Contract. Customer and Company agree that this Agreement shall apply to all Equipment leased by Customer from Company and that Company may, from time to time, modify, supplement and amend the Rental Contract to reflect the lease or return of Equipment by the Customer under this Agreement. Rental periods are defined as follows: Day Rate comprises 24 hours with a minimum charge of three (3) days. A week’s rental period is seven (7) consecutive days. Days in excess of one week are charged at the daily rate. A month’s rental period is four (4) weeks. Days in excess of one (1) month are charged at the daily rate.

2. Title of Equipment. Title to the Equipment shall remain at all times with the No title or right to the Equipment shall pass to the Customer, except the rights herein expressly granted.
3. Maintenance and Alterations. Customer shall keep the Equipment in good condition and working order and shall only use the Equipment for its intended The Customer shall not change, modify, or alter the Equipment without Company’s prior written consent. Customer shall not remove, deface, obscure, or conceal any identification plates or numbers on the Equipment. In addition to being an event of default, violation of this Section 3 by the Customer shall void all maintenance obligations of Company.
4. Term and Termination of Agreement. This Agreement shall continue in full force and effect until (a) the Equipment is returned by Customer to the Company and all amounts due under the Rental Contract and hereunder have been paid, (b) the Equipment is purchased by Customer on terms mutually acceptable to Customer and the Company, or (c) the Company provides written notice of Company’s desire to terminate the Agreement. Upon termination of this Agreement, the Customer will surrender, at Customer’s cost and expense, the Equipment in good working order to Company at a location designated by the Company. Customer agrees to pay for repairs or replacement of all parts of the Equipment damaged in any manner other than as a result of ordinary wear and tear. If Equipment is returned in a damaged or inoperable condition, Customer agrees to pay to the Company the prevailing rental rate for the period during which the Equipment remains unavailable for rent. If the Equipment cannot be repaired to the same condition as when first delivered to the Customer, Customer shall pay the Company's full list price for the Equipment. Notwithstanding the termination of this Agreement, Customer shall continue to be responsible for the payment of all charges and costs incurred hereunder through the date of
5. Liability. During the term of this Agreement, the Customer shall be solely responsible for any loss or damage to the Equipment. The Customer shall also be solely liable for all claims, including but not limited to workers’ compensation or claims for personal injury or damage to property, arising, directly or indirectly, out of the transportation, installation, and/or use of the The Customer hereby assumes and shall bear the entire risk of loss for theft, damage, destruction or other injury to the equipment from any and every cause whatsoever. No such loss or damage shall impair any obligation of the customer under this agreement, which shall continue in full force and effect. In the event of damage to, or loss of the Equipment (or any component thereof,), the Customer shall pay the total of all unpaid rent payments for the entire Agreement plus, the market value of the Equipment prior to such loss or damage, in which case this Agreement shall terminate except for any Customer duties, as of the date such payment is received by Company. Customer agrees to indemnify and hold Company free and harmless from any and all claims, (including costs of defense, attorney’s fees and all other costs of litigation) for death of or injury to persons or damage to property caused by the Equipment or its transportation, installation or use thereof.

Inspection and Acceptance of Equipment. Customer's receipt and possession of the Equipment constitutes the Customer’s acknowledgement that Customer has inspected the Equipment and accepts the Equipment in good condition, working order and repair, and as adequate, sufficient, and proper for the use for which it was intended.

6. Payment. Unless waived by Company in writing, credit card Information is required. A valid VISA, Master Card, American Express or Discover is required for the rental and other charges contemplated by this Agreement (including payment for the Equipment in the event of loss or damage as provided in this Agreement). Customer hereby authorizes the Company to charge the Customer’s credit card to pay for the charges covered by this Agreement. Company will invoice Customer for regular rental payments; provided, however, Company reserves the right to charge Customer’s credit card in the event rental payments are not received within thirty (30) days from the invoice date, and immediately for all other charges contemplated by this Agreement. Customer hereby certifies that all credit card provided to Company is true and correct as of the date given and will remain true and correct throughout the term of this The customer agrees to promptly update the credit card information in the event it changes.

8. Default. In the event:

  (a)  Customer shall default in the payment of any installment of rent or other sum payable under this Agreement or default in the observance or performance of any other covenant or obligation in this Agreement; or

  (b)  Customer or any guarantor or other person liable upon Customer’s obligation under this Agreement shall dissolve or become insolvent (however evidenced), commit any act of bankruptcy, or become a Debtor in a bankruptcy proceeding, make any assignment for the benefit of creditors, suspend the transaction of its usual business or  consent to the appointment of a trustee or receiver, or a trustee or receiver shall be appointed for Customer of a substantial part of its property, or bankruptcy, reorganization, insolvency, or similar proceedings shall be instituted by or against Customer; or

  (c)  an order, judgment, or decree shall be entered against Customer by a court of competent jurisdiction and such order, judgment or decree shall continue unpaid or unsatisfied and in effect for any period of thirty (30) consecutive days without stay of execution, or any execution or writ or process shall be issued in connection with any action or proceeding against Customer or its property whereby the Equipment or any substantial part of Customer’s property may be taken or restrained; or

                  (d) Company shall in good faith believe that the prospect of payment or performance by Customer is impaired, then, and in any of these events, Company may:

1. immediately terminate all Rental Contracts and this Agreement, at its option, and Customer’s right thereunder; and/or
2. declare immediately due and payable all rental installments and other sums hereunder forthwith due and payable whereupon the same shall forthwith become due and payable as liquidated damages and not as a penalty; and/or
3. proceed by appropriate court action or actions either at law or in equity, to enforce performance by Customer of the applicable covenants of this Agreement or to recover damages for the breach thereof; and/or
4. without necessity of process or other legal action, enter onto the premises of Customer or such other premises as the Equipment may then be located and stop the operation of the Equipment and/or take possession of the Equipment, disconnecting and separating the Equipment from any other property and removing same from Customer’s premises using all force necessary or permitted by applicable law, without Company incurring any liability to Customer or any other person arising out of such action. Company shall have no liability to Customer, or to any interest owner that Customer represents or serves as operator, principal or agent for claims, losses, damages, causes of action, suits and liabilities of any kind, arising out of or in connection with the stopping of the operation of the Equipment and/or the removal of the Equipment.  In addition, Customer shall continue to be liable for all rentals, costs and damages and all indemnities under this Agreement and for all legal fees and other costs and expenses resulting from the forgoing defaults or the exercise or Company’s remedies.

9. No Waiver. Waiver of breach or failure to strictly enforce the terms of this Agreement shall not preclude a party from asserting a subsequent or continuing breach or from otherwise requiring strict conformance with the terms of this Agreement.
10. Warranties. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SUITABILITY, DURABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, INFRINGEMENT, MERCHANTABILITY OR INTENDED USE OF THE EQUIPMENT, OR THAT IT IS FREE FROM DEFECTS. IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF PROFITS, RESULTING FROM ANY FAILURE OF THE EQUIPMENT OR ANY PERFORMANCE BY COMPANY.
11. Entire Agreement. This Agreement and the Rental Contract constitutes the entire Agreement between the parties on the subject matter contained herein. This Agreement supersedes all prior oral or written agreements between the parties. In the event of a conflict between the terms herein and the Rental Contract, the terms in the Rental Contract shall control. This Agreement may be amended only as mutually agreed upon in writing and any additional terms of Customer are expressly rejected.
12. Governing Law. The Company and Customer agree that the laws of the state of Texas shall govern this agreement, and venue of any action shall lie in Harris County, Texas.
13. Collection Costs; Attorney’s Fees; Interest. In the event Customer fails to pay any rent or any other amount due under the terms of this Agreement on or before the 31^st day after the date of the invoice, then on such date the unpaid amount shall begin to bear interest at the rate of 18% per annum and shall continue thereafter until paid.  If this Agreement is placed in the hands of the attorney for enforcement or for collection of any sums due hereunder, or if Company should resort to collection of any sums due hereunder, then Customer agrees to pay all reasonable costs and expenses, including but not limited to cost of perfecting Company’s lien, court costs and attorney’s fees.
14. Automatic Renewal. All rentals shall remain in force for the term set forth on the rental contract. Renewal thereafter for additional rental periods shall be automatic until Customer or Company terminates this Agreement.

BY ACCEPTING DELIVERY OF THE EQUIPMENT FROM ENERTEQ SOLUTIONS CUSTOMER AGREES TO THE TERMS AND CONDITIONS AS DETAILED ABOVE.

Warranty by manufacture: All Warranties cover manufacture defects only.  

Renquip Products - 24 month warranty. Additional warranties available for purchase upon request.

Torq/Lite: 12 Month Manufacture warranty.

Power Master: 6 Month Manufacture Warranty

“All our products undergo rigorous testing and certification to ensure they perform as stated. In addition to the manufacturer’s guarantee, you will receive Quality Control Documents. These include the Certificate of Conformance, Pressure Test Certificates, and Calibration Certificates. The specific documents provided may vary depending on the product. For further details, please feel free to reach out to ESI via the ‘Contact Us’ section on the website.”

If you need any further assistance, don’t hesitate to ask!