Diesel Equipment Decline Form

Diesel Equipment Decline Form

RECITALS

WHEREAS, Client Name: (the "Client") has been presented with the opportunity to accept diesel-powered equipment, services, or repairs as described below; and

WHEREAS, Service Provider Name: (the "Service Provider") proposed to provide diesel equipment, installation, inspection, maintenance, or repair services under the terms set forth in this form; and

WHEREAS, the Client elects to decline acceptance of the specified diesel equipment or the proposed diesel-related services and understands the consequences, liabilities, and potential costs associated with such decline.

DOCUMENT DETAILS

EQUIPMENT IDENTIFICATION

Equipment Make/Model:

Serial Number:    Year:

SCOPE OF WORK (PROPOSED)

Describe the proposed diesel equipment services, repairs, installation or inspections that the Service Provider offered and which the Client declines. Include anticipated deliverables, locations, and performance standards.

DECLINE DETAILS

By signing this form the Client expressly declines the proposed diesel equipment or associated services listed above and acknowledges the following reasons (select all that apply):

PAYMENT TERMS

The parties acknowledge any fees already incurred prior to the decline, and any amounts due for work performed up to the date of decline shall be governed by the following terms.

Client acknowledges that refusal to accept equipment may result in storage, demobilization, or cancellation charges consistent with the Service Provider's established policies and as described in the outstanding invoice.

TERM AND TERMINATION

Start Date:    End Date:

Either party may terminate any related service agreement in accordance with the notice period above. Termination shall not relieve the Client of the obligation to pay for services rendered or costs incurred prior to the effective termination date.

CONFIDENTIALITY

Each party agrees to keep confidential non-public business information disclosed in connection with this decline and any associated proposals, including pricing, technical specifications, and proprietary methodologies ("Confidential Information"). Confidential Information shall not include information that is or becomes publicly available through no fault of the receiving party or is required to be disclosed by law or valid legal process.

The receiving party shall protect Confidential Information with at least the same degree of care as it uses to protect its own confidential information, but in no event less than reasonable care.

RELEASE, LIMITATION OF LIABILITY, AND INDEMNITY

By executing this form, the Client acknowledges that decline of diesel equipment or services may present risks, including but not limited to operational downtime, safety hazards, regulatory noncompliance, or additional costs. The Client releases the Service Provider from liability for any direct or consequential damages arising from the Client's decision to decline, except where such damages arise from the Service Provider's gross negligence or willful misconduct.

The Client shall indemnify and hold harmless the Service Provider from all claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from the Client's decision to decline equipment or services, including claims asserted by third parties, unless caused by the Service Provider's gross negligence or willful misconduct.

GOVERNING LAW

This form and any dispute arising out of or related to it shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles.

ENTIRE AGREEMENT

This form constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions, proposals, representations, and understandings, whether written or oral. Any modification to this form must be made in writing and signed by both parties.

ACKNOWLEDGMENT

The parties acknowledge that they have read and understand this Diesel Equipment Decline Form, that they have authority to bind the entities they represent, and that signing below constitutes a binding agreement to the terms set forth herein.

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