Unless otherwise agreed upon in writing, any individual or other legal entity (“Customer”) which requests services, goods, or product from Hydra Force, L.L.C. (“Hydra Force”) agrees and acknowledges that any services performed or goods or products provided by Hydra Force are subject to the below Terms and Conditions. These Terms and Conditions shall constitute the “Agreement” between Customer and Hydra Force (the “Parties”) upon the issuance by Hydra Force of an Order Confirmation or similar document or correspondence.

THIS AGREEMENT CONTAINS A DISCLAIMER OF WARRANTIES.

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1. Service Provided

As requested by Customer, Hydra Force will provide all labor, equipment, supplies, product, and materials in order to otherwise address the Customer’s Requirements (the “Work”). Hydra Force shall provide such labor, equipment, supplies, product, and materials as Hydra Force deems necessary to properly complete the Work, and Customer agrees to fully cooperate with Hydra Force in the performance of the Work to completion.

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2. Materials

Unless otherwise agreed, Hydra Force will provide all materials necessary to perform the work. Hydra Force will not be responsible under any theory of liability (tort, warranty, redhibition or otherwise) for loss, defect or failure of materials furnished by Customer or any third-party, including but not limited to Customer's related and affiliated companies, its contractors and subcontractors (of any tier) and the owners, employees, officers, agents, invitees, legal representatives, heirs and underwriters of all the forgoing parties.

 

3. Safety

Customer shall familiarize itself with Hydra Force’s safety polices and shall ensure that all members of Customer Group adhere to and abide by Hydra Force's safety policies. In the event a provision of Hydra Force's safety policy and Customer's safety policy conflicts, the more stringent provision shall apply. Customer expressly agrees that Hydra Force shall have absolutely no duty to ensure that Customer or any third-parties, including but not limited to Customer's related and affiliated companies, its contractors and subcontractors (of any tier) and the owners, employees, officers, agents, invitees, legal representatives, heirs and underwriters of all the forgoing parties, performs its work in a safe manner and shall have no responsibility, under any circumstances, for training such individuals in procedures adequate to safely perform the tasks performed or to be performed.

 

4. Invoices

Customer shall pay all invoices in full within thirty (30) days from the date of issuance, unless otherwise stated therein, without any set-off, counterclaim, deduction, or discount. Hydra Force will issue invoices related to any Work performed within a reasonable time period. Customer agrees that invoicing may be delayed due to circumstances beyond Hydra Force's control. Hydra Force may issue invoices to the e-mail recipient on file for the Customer. Customer shall deliver a written statement to Hydra Force no later than ten (10) days following issuance of the invoice, listing and providing a detailed description of any disputed charges. Failure to do so will result in Customer: (1) forever waiving any right to dispute the invoiced charges; and (2) accepting the invoiced charges in full.

 

5. Overdue Payments

Any delay in payment of the full invoice amount due shall entitle Hydra Force to interest on the outstanding amount at a rate of one and one-half (1.5%) percent per month (18% per annum), commencing on the first business day when the invoice becomes overdue. Hydra Force shall further be entitled to recover from Customer all reasonable attorney’s fees and costs incurred in connection with the collection of overdue payments, including those attorney’s fees and costs incurred in any litigation.

 

6. Indemnity and Insurance

To the fullest extent permitted by law, Customer shall DEFEND, INDEMNIFY, AND HOLD HARMLESS Hydra Force in respect of any claims, losses, damages, costs (including legal fees and costs) expenses, and liabilities OF ANY KIND (including, but not limited to, personal injury, death, property damage or loss to property), whether directly or indirectly arising out of or related to this Agreement, the Work, and/or presence on Hydra Force’s premises,  brought by Customer, its employees, servants, agents, or subcontractors, regardless of Hydra Force’s sole, joint, or concurrent fault, negligence (whether active, passive, or gross), strict liability, statutory duty or any liability otherwise at law.

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Customer’s insurance policies providing coverages for the defense and indemnity obligations assumed under this Section 6 shall be endorsed to contain waivers of subrogation in favor of Hydra Force. All insurance policies containing the coverages for the defense and indemnity obligations under this Section 6 shall be endorsed to name Hydra Force as an additional insured, to the extent of the defense and indemnity obligations assumed this Section 6, and provide that such insurance is primary and non-contributory with any insurance maintained by Hydra Force. Customer agrees that the obligation to name Hydra Force as an additional insured is a separate and independent obligation under this Agreement from the obligation to defend and indemnify Hydra Force.

 

7. Waiver and Limitation of Damages

CUSTOMER HOLDS HARMLESS AND WAIVES ANY CLAIM AGAINST HYDRA FORCE FOR CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INDIRECT DAMAGES, EXEMPLARY DAMAGES, OR LOST PROFIT DAMAGES ARISING FROM THE WORK. IN ANY EVENT AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, LIABILITY OF HYDRA FORCE SHALL UNDER NO CIRCUMSTANCES EXCEED THE INVOICE VALUE OF THE SERVICES, GOODS, OR PRODUCT SUPPLIED.

 

8. DISCLAIMER OF WARRANTIES

ALL GOODS OR PRODUCTS ARE SOLD “AS IS” BY HYDRA FORCE AND ANY AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR PURPOSE, SATISFACTORY QUALITY, MERCHANTABILITY, WORKMANLIKE PERFORMANCE, DESCRIPTION OR OTHERWISE, ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY HYDRA FORCE AND HYDRA FORCE’S AGENTS MAKE NO WARRANTIES WHICH EXTEND BEYOND THE EXPLICIT DESCRIPTION CONTAINED IN THE SALES CONFIRMATION OR SIMILAR DOCUMENT.

 

9. Limited Warranty

Hydra Force warrants its work and the work of its subcontractors only. Hydra Force does not warrant work performed by Customer or any third-party, including but not limited to Customer's related and affiliated companies, its contractors and subcontractors (of any tier) and the owners, employees, officers, agents, invitees, legal representatives, heirs and underwriters of all the forgoing parties. It is understood and agreed that other than as specifically set forth herein, Hydra Force makes no warranties expressed or implied. Hydra Force specifically disclaims the implied warranties of merchantability, fitness for use, suitability for particular purpose, and the warranty against redhibitory defects. Hydra Force will endeavor to perform its services hereunder in a good and workmanlike manner and in accordance with the Customer's instructions. Hydra Force warrants its workmanship only (specifically excluding any defects or deficiencies in any material, part, machinery or equipment that is purchased from a third-party vendor) for a period of thirty (30) days from delivery. Any defects or deficiencies in Hydra Force's workmanship, which manifest within such thirty (30) day period and are promptly reported in writing to Hydra Force in that same time frame, will be corrected by Hydra Force free of charge at Hydra Force during regular shift (straight time) hours. If, at Customer's request, Hydra Force performs warranty work at any time other than regular shift (straight time) hours, Customer shall pay the difference in Hydra Force's regular time hourly rates and Hydra Force's overtime or holiday rates. If Customer has someone other than Hydra Force perform Hydra Force warranty work without first affording Hydra Force a reasonable opportunity to perform such warranty work, Hydra Force shall not be liable for those charges.

 

10. Force Majeure

Neither Hydra Force nor Customer shall be responsible for any loss or damage, or delay or failure in performing hereunder arising from: Act of God; act of war; act of public enemies; pirates or thieves; arrest or restraint of governments, or people, or seizure under legal process provided bond, if required, is promptly furnished to release any vessel; strike or lockout or stoppage or restraint of labor from whatever cause, either partial or general and not involving Customer or Hydra Force; or riot or civil commotion. Declaration of Force Majeure shall be given without unduly delay once such event(s) have come to the knowledge of the respective party declaring same. However, under no circumstances and for no reason whatsoever, can Force Majeure entitle the Customer not to pay promptly any invoice of the Hydra Force.​

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11. Governing Law

This Agreement and any suit, claim, dispute, or action arising out of or in connection with this Agreement shall be governed and construed in accordance with the General Maritime Law of the United States of America, and, to the extent not inconsistent therewith, the laws of the State of Louisiana, without regard to conflict of law principles. The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

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12. Venue and Waiver of Jury Trial

The Parties hereto hereby further irrevocably consent that that any suit, claim, dispute, controversy or action arising out of or in connection with this Agreement shall be litigated, if at all, in the United States District Court for the Eastern District of Louisiana to the exclusion of the courts of any other country, state, parish, county or city. In the event that the United States District Court for the Eastern District of Louisiana lacks jurisdiction, then the Hydra Force and Customer agree to litigate any suit, claim, dispute, controversy or action arising out of or in connection with this Agreement in a state court of competent jurisdiction located in Plaquemines, Louisiana to the exclusion of the courts of any other country, state, parish, county, or city. Notwithstanding any provision to the contrary, Hydra Force shall always have the right to assert, record, or place any lien available under federal law or the laws of the state or jurisdiction where the Work is performed, and to assert such in the venue provided for under the laws of such federal district, state or jurisdiction. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING RELATED TO THIS AGREEMENT.

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13. Validity

These Terms and Conditions shall be valid and binding for all offers, quotations, prices, services, and deliveries made by the Hydra Force, any associated company, representative or agent as of May 15, 2025, or at any later date. This Agreement constitutes the entire understanding between the Parties and supersedes all prior oral or written agreement, representations, or warranties. Any general purchase, sales, or trading conditions of another party or Customer will not apply, unless expressly accepted in writing by Hydra Force. Any modification in respect of the Agreement will only be effective if agreed to in writing by both Parties.

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14. Severability

Should any of the provisions, paragraphs, sections, clauses, or portions thereof of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions, sections, clauses, or portions thereof shall not be affected thereby, and each term and provision of the agreement shall be valid and enforceable to the fullest extent permitted by law.

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15. Website

These Terms and Conditions are available at the website https://www.hydraforcellc.com/terms-conditions on which site as well Hydra Force may notify Customer of amendments, alterations, changes or verifications to same. Customer agrees that any such modification, alteration, or amendment of the Terms and Conditions contained on the website shall function as a modification, alteration, or amendment of the foregoing Terms and Conditions of this Agreement. 

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16. Notices

All notices, demands, and requests which may or are required to be given under the terms and conditions herein shall be in writing, by e-mail or certified mail as follows:

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To Hydra Force: Hydra Force, L.L.C.
Attn: Mike
1910 Engineers Rd. Belle Chasse, LA,
Telephone: (504) 391-1065
Email: sales@hydraforcellc.com 

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To Customer:

The email address and mailing address of the Customer provided to the Hydra Force prior to the work being performed.