Terms and Conditions

01

Acceptance of terms

These Terms and Conditions (the “Terms”) govern your use of this website and, except where a separate signed agreement states otherwise, the consulting and advisory services provided by Equipment Service and Supply (“we”, “us”, or “our”). By accessing this website or engaging our services, you agree to these Terms. If you do not agree, please do not use the site or our services.

Where we enter into a written engagement document, proposal, or statement of work with you, that document governs the specific services described in it. If there is a conflict between that document and these Terms, the signed engagement document controls for that engagement.

02

Scope of services

Equipment Service and Supply provides professional advisory services, which may include equipment procurement consulting, supplier selection consulting, equipment maintenance planning, supply chain consulting, technical equipment advisory, cost optimization consulting, and operational efficiency consulting. Our role is advisory: we provide analysis, recommendations, planning, and coordination to support your decisions.

Unless expressly agreed in writing, we do not manufacture equipment, we do not act as a distributor or reseller, and we are not a party to any purchase contract you enter into with a supplier. Decisions to purchase, lease, maintain, or operate equipment remain yours.

03

Engagements and proposals

An engagement begins when we and you agree on its scope, deliverables, timeline, and fees, whether through a signed proposal, statement of work, or written confirmation. Estimates, indicative pricing, and proposals are provided for planning purposes and may change if the scope, requirements, or market conditions change.

Any service prices shown on this website are indicative starting points for typical engagements and do not constitute a binding offer. The fee for your engagement will be confirmed in your proposal or statement of work.

04

Client responsibilities

To allow us to deliver quality work, you agree to:

• Provide accurate, complete, and timely information about your requirements, equipment, sites, and constraints.
• Designate a point of contact with authority to provide direction and approvals.
• Make decisions and provide approvals within reasonable timeframes so that the schedule can be maintained.
• Ensure that any information you share with us may lawfully be shared and used for the engagement.

Our recommendations depend on the information you provide. If that information is incomplete or inaccurate, the suitability of our recommendations may be affected.

05

Fees and payment

Fees, payment schedule, and any expenses are set out in your proposal or statement of work. Unless stated otherwise, invoices are payable within the period specified on the invoice. We may pause work on an engagement where undisputed invoices remain unpaid after their due date.

Fees are exclusive of any taxes that may apply, which are your responsibility unless the law requires otherwise. Amounts paid for work already performed are handled in accordance with our Refund Policy.

06

Suppliers and third parties

As part of our services we may identify, evaluate, and help you engage equipment suppliers, manufacturers, logistics providers, and other third parties. These parties are independent of us. We do not control their products, pricing, lead times, warranties, or performance, and we are not responsible for their acts or omissions.

Any contract for the purchase, lease, maintenance, or delivery of equipment is between you and the relevant supplier. You are responsible for reviewing and accepting the supplier’s terms, warranties, and specifications before committing.

07

Intellectual property

The content of this website, including text, graphics, layout, and design, is owned by or licensed to Equipment Service and Supply and is protected by applicable intellectual property laws. You may not copy, reproduce, or redistribute it for commercial purposes without our prior written permission.

Deliverables we prepare specifically for your engagement are described in your proposal or statement of work. Subject to full payment and to any limits stated in that document, you may use those deliverables for your internal business purposes. We retain ownership of our pre-existing materials, methods, templates, and general know-how.

08

Confidentiality

Each party may receive non-public information from the other in connection with an engagement. Both parties agree to use such information only for the purpose of the engagement and to protect it with reasonable care. This obligation does not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or is required to be disclosed by law.

09

No guarantee of outcomes

We provide our services with reasonable skill and care and draw on professional experience in equipment procurement and operations. However, our services are advisory in nature and depend on factors outside our control, including market conditions, supplier performance, and your own implementation decisions.

10

Limitation of liability

To the fullest extent permitted by law, Equipment Service and Supply will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunity, arising out of or relating to this website, our services, or these Terms, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to a given engagement will not exceed the fees actually paid to us for that engagement. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

11

Indemnification

You agree to indemnify and hold harmless Equipment Service and Supply and its personnel from claims, losses, and reasonable expenses arising from your misuse of this website, your breach of these Terms, or your decisions regarding the purchase, lease, maintenance, or operation of equipment, except to the extent caused by our own breach or negligence.

12

Suspension and termination

We may suspend or terminate access to this website at any time where necessary to protect the site, our clients, or our business. Either party may terminate an engagement as set out in the applicable proposal or statement of work. On termination, you remain responsible for fees for work performed up to the effective date of termination, handled in accordance with our Refund Policy.

13

Governing law

These Terms and any dispute arising from them or from our services are governed by the laws of the Commonwealth of Kentucky and applicable United States federal law, without regard to conflict-of-laws principles. The state and federal courts located in Kentucky will have jurisdiction, except where applicable law provides otherwise.

14

Changes to these terms

We may update these Terms from time to time. Changes take effect when posted on this page, and the date below will be revised. Your continued use of the website or our services after changes are posted constitutes acceptance of the updated Terms.

15

Contact

Questions about these Terms can be directed to Equipment Service and Supply using the details below.