Terms and Conditions

These Terms and Conditions (“Terms”) govern the relationship between Equipment Service and Supply (ESS) (“the Company”, “we”, “us”) and the client (“Client”, “you”) regarding the use of our website and the provision of heavy equipment maintenance, repair, and supply services.

1. Scope of Services

ESS provides maintenance, diagnostic, and repair services for heavy industrial and construction equipment. Services may be performed at our facility or on-site at the Client’s location. All services are subject to a formal work order or service agreement which details the specific scope of work.

2. Estimates and Work Orders

Estimates: Any price estimate provided is valid for 30 days. Estimates are not guaranteed final prices; they are professional assessments based on visible conditions.

Hidden Damage: If additional repairs are required that were not visible during the initial estimate, ESS will notify the Client for approval before proceeding with additional work.

Authorizations: By signing a work order, the Client authorizes ESS technicians to operate the equipment for purposes of testing and inspection.

3. Payment Terms

Unless otherwise agreed in writing, payment is due upon completion of services. For large-scale
projects, ESS may require a down payment for parts procurement.

Late Payments: Overdue accounts will accrue interest at a rate of 1.5% per month.

Parts: Title to any parts or supplies provided by ESS does not pass to the Client until full payment has been received.

4. Client Responsibilities

For on-site services, the Client is responsible for providing a safe working environment for ESS personnel. The Client must ensure that the equipment is accessible and that all environmental or site-specific hazards are disclosed prior to the arrival of technicians.

5. Warranty and Liability

Service Warranty: ESS warrants that its labor will be free from defects for a period of 90 days from the date of service. Parts are subject to the manufacturer’s warranty only.

Limitation of Liability: ESS is not liable for indirect, incidental, or consequential damages, including but not limited to loss of profits or equipment “down-time” costs. Our total liability is limited to the amount paid for the specific service in question.

6. Equipment Storage and Liens

Equipment left at an ESS facility for more than 10 days after notification of completion may be subject to storage fees. In accordance with applicable law, ESS maintains a mechanic’s lien on all equipment serviced for the value of the parts and labor provided.

7. Website Use

All content on the ESS website, including text, graphics, and logos, is the property of ESS and protected by copyright laws. You may not reproduce or distribute any content without written permission.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which ESS is headquartered, without regard to its conflict of law provisions.

9. Contact Information

Questions regarding these Terms should be sent to:

Equipment Service and Supply (ESS)
Attn: Privacy Department
Email: Tyler@NationalConductor.com