Master Service Terms & Warranty Policy

L.W. Tank Repair, Inc.

1. Workmanship Warranty — 90 Days

L.W. Tank Repair, Inc. (“LW”) warrants that repair labor and workmanship performed by LW shall be free from defects for ninety (90) days from the date of the original invoice.

This warranty applies only to the specific repairs identified on the invoice. If a defect in workmanship is confirmed within the warranty period, LW will, at its sole option, repair the affected workmanship at no additional labor charge.

This warranty does not extend to the overall condition of the equipment beyond the specific repair performed.

2. Parts Warranty

All parts and components installed by LW are covered solely by the original manufacturer’s warranty, if any. LW does not extend or enlarge any manufacturer warranty.

LW shall not be deemed the manufacturer of any component or part installed and shall have no liability for design defects or manufacturing defects in third-party components.

Labor associated with manufacturer part failure is not covered beyond the ninety (90) day workmanship period unless otherwise stated in writing.

3. Authorization & Cost Control

Estimates are based on visible and reasonably identifiable conditions at the time of inspection. Additional repairs may be required upon further disassembly or inspection.

Customer authorization through any of the following constitutes approval to proceed with the repairs described in an estimate:

• Signature
• Written email confirmation
• Purchase order
• Third-party fleet approval

LW will not exceed the approved estimate amount by more than 15% or $2,500, whichever is greater, without documented customer or third-party authorization.

For accounts requiring third-party fleet management approval—including Element, Holman, or similar administrators—repairs will not commence until documented authorization is received, unless Customer provides written instruction to proceed at Customer’s sole responsibility.

LW is not responsible for denial, delay, or limitation of payment by third-party fleet management companies. Customer remains ultimately responsible for payment of authorized repairs.

Payment for services is due in accordance with invoice terms, regardless of third-party reimbursement status.

4. Tank Trailer, Structural & Pressure Equipment Repairs

LW performs repairs on commercial vehicles, cargo tank trucks and trailers, pressure vessels, and DOT-regulated transportation equipment.

LW warrants only the workmanship of the specific repair performed. This warranty does not extend to overall structural integrity, continued regulatory compliance, fatigue cracking, stress-related failures, corrosion, chemical attack, product incompatibility, prior damage, or material degradation.

Customer is solely responsible for ensuring compliance with all applicable regulatory requirements, including but not limited to DOT, FMCSA, applicable MC specifications, ASME requirements, and all other federal, state, or local standards.

LW’s repair does not constitute certification of full regulatory compliance unless explicitly stated in writing.

5. Sanitary & Food-Grade Equipment

LW is a repair facility only and does not provide cleaning, sanitizing, sterilizing, or food-safety certification services unless explicitly agreed to in writing.

LW does not warrant or certify that equipment is clean, sanitized, sterile, or compliant with FDA, USDA, FSMA, or other food safety regulations.

Customer is solely responsible for:

• Proper cleaning and sanitation before delivery to LW
• Proper cleaning and preparation after repair
• Ensuring regulatory compliance prior to loading product
• Verifying the absence of contamination

LW shall not be responsible for contamination, adulteration claims, product spoilage, recall costs, regulatory penalties, or related damages arising from sanitation, cleaning, or product handling issues.

6. Warranty Exclusions

This warranty does not cover:

• Normal wear and tear
• Corrosion or environmental damage
• Chemical exposure
• Misuse, overloading, or improper operation
• Unauthorized alterations or repairs
• Accidents or external impact
• Preventive maintenance items
• Downtime, cargo loss, towing, rental, or loss of revenue

These exclusions apply regardless of whether the condition arises within the ninety (90) day warranty period.

7. Warranty Claim Procedure

• Written notice: Customer must notify LW in writing within the ninety (90) day warranty period.
• Inspection: Equipment must be returned to an LW facility for inspection unless prior written authorization is provided.
• Third-party repairs: Unauthorized third-party repairs are not reimbursable.
• Verification: LW reserves the right to inspect and verify any claimed defect prior to authorizing repair.

8. Limitation of Liability & Risk Allocation

Scope of Services

LW performs specific repair services as requested by Customer. LW does not undertake to redesign, re-engineer, or certify the overall safety or operational condition of the equipment unless expressly agreed in writing.

Customer acknowledges that commercial transportation equipment is subject to ongoing inspection, maintenance, and regulatory compliance obligations that remain solely the responsibility of the equipment owner and operator.

Limitation of Liability

To the fullest extent permitted under Massachusetts law, LW’s total liability for any claim arising out of or relating to services performed shall be limited to the amount paid for the specific repair giving rise to the claim.

The limitations set forth herein shall apply even if any limited remedy fails of its essential purpose.

LW shall not be liable for incidental, indirect, special, or consequential damages, whether arising in contract, tort, negligence, strict liability, or otherwise, including but not limited to cargo loss, environmental contamination, regulatory penalties, business interruption, or third-party claims.

Nothing in this agreement shall be construed to waive liability for gross negligence or willful misconduct to the extent such waiver is prohibited by law.

Customer Indemnification

Customer agrees to indemnify, defend, and hold harmless LW from and against claims, damages, losses, liabilities, and expenses—including reasonable attorney’s fees—arising out of:

• Improper operation
• Failure to inspect or maintain equipment
• Unauthorized modifications or repairs
• Use beyond rated capacity
• Failure to comply with regulatory requirements
• Failure to properly clean or sanitize equipment

Return to Service

Customer acknowledges responsibility for post-repair inspection and determining that equipment is safe and suitable for return to service.

9. Commercial Services

LW primarily services commercial vehicles and equipment used in trade or commerce. These Terms define and limit LW’s obligations consistent with Massachusetts law and applicable commercial standards.

10. Vehicle & Equipment Storage

L.W. Tank Repair allows 28 calendar days of free storage following notification that work is complete or cannot proceed due to customer-related circumstances or other delays beyond our control.

Beginning on the 29th calendar day, a storage fee of $20.00 per calendar day, per vehicle, trailer, or piece of equipment will accrue until pickup. Storage fees include weekends and holidays.

No storage fees apply during normal scheduling, active repairs, or delays caused by L.W. Tank Repair.

Any extension or alternative arrangement must be confirmed by L.W. Tank Repair in writing.

11. Entire Agreement

These Terms constitute the sole and exclusive warranty provided by L.W. Tank Repair, Inc. and supersede any prior verbal representations.

These Terms are accepted by Customer upon execution of the Service Terms & Warranty Acknowledgment or upon authorizing services.

Custom Trailer, Tank & Equipment Sales Terms

L.W. Tank Repair, Inc.

These terms apply to purchases of custom-built trailers, tanks, and equipment manufactured to the Purchaser’s approved specifications by third-party manufacturers and sold through L.W. Tank Repair, Inc. (“LW”). Specifications for each purchase are outlined in the applicable quotation and approved order documents.

1. Quote Validity & Pricing

Quotations are valid for 15 days from the quotation date. Pricing is based on the specifications and manufacturer pricing available when the quotation is prepared.

At order acceptance, LW will confirm in writing whether pricing is firm or remains subject to manufacturer adjustments. Any subsequent manufacturer price increase will be communicated to the Purchaser for written approval before LW authorizes the affected work or additional expenditure.

Applicable taxes, including Federal Excise Tax (FET), freight, and other charges, are excluded unless expressly included in the quotation. These charges will be calculated using applicable rates and confirmed shipment details and itemized on the final invoice.

Customer-requested modifications are subject to the change-order provisions below.

2. Deposit & Final Payment

A 50% deposit based on the accepted order amount is required to place the order. The deposit will be applied toward the final invoice and is subject to the cancellation terms below.

The remaining balance, including approved changes and applicable taxes, freight, and other charges, is due upon delivery.

3. Custom Orders & Cancellations

Trailers, tanks, and equipment covered by these terms are custom-built to the Purchaser’s approved specifications by third-party manufacturers.

All cancellation requests must be submitted in writing.

Before Production Begins

LW may approve cancellation subject to a charge equal to the greater of:

• $1,000 per unit; or
• Documented, nonrecoverable costs and commitments associated with the order, including design, materials, administration, and manufacturer cancellation charges.

The deposit will be applied toward the cancellation charge. Any remaining deposit balance will be refunded. Any cancellation amount owed beyond the deposit will be payable by the Purchaser.

After Production Begins

Once production begins, orders are final and may not be canceled or returned for refund or exchange, except as required by applicable law.

This policy does not eliminate applicable warranty rights. Warranty claims are handled as described in Section 7.

4. Specifications, Design Approval & Change Orders

The Purchaser is responsible for reviewing and approving all drawings, specifications, dimensions, features, and design details in writing before production begins.

LW shall not be liable for errors, omissions, or discrepancies in the approved design details that were not identified and communicated by the Purchaser before production begins.

Changes requested after design approval must be submitted in writing. LW will provide any resulting price adjustment and estimated schedule impact for written approval before implementing the change.

Changes may result in additional design, material, manufacturing, freight, or administrative costs and may extend the estimated delivery date.

5. Delivery & Lead Times

Delivery dates and lead times are estimates and may change based on material availability, manufacturing capacity, transportation conditions, or other factors beyond LW’s reasonable control.

LW shall not be held liable for delays caused by third-party manufacturers, suppliers, or freight carriers.

LW will make reasonable efforts to communicate changes to the estimated delivery schedule as information becomes available.

6. Title & Risk of Loss

Title and risk of loss transfer to the Purchaser upon invoicing or shipment, whichever occurs first.

7. Manufacturer Warranty

Custom-built trailers, tanks, and equipment are covered solely by the applicable third-party manufacturer’s warranty, if any. LW does not extend or enlarge the manufacturer’s warranty.

Warranty claims must be submitted through LW, which will assist the Purchaser in submitting and coordinating the claim with the manufacturer.

Coverage, eligibility, and available remedies are determined by the manufacturer’s applicable warranty terms. Warranty service may include repair or replacement as determined by the manufacturer. A warranty claim does not create a right to return custom-built equipment for a refund, except as required by applicable law.

LW’s separate 90-day workmanship warranty applies to qualifying repair labor performed by LW, as described in its Service & Repair Terms. It does not replace or extend the manufacturer’s equipment warranty.

8. Force Majeure

LW shall not be responsible or liable for failure or delay in production, delivery, or performance caused by events beyond its reasonable control. These events may include:

• Natural disasters, fire, flood, or extreme weather
• Strikes or labor disputes
• Material shortages or equipment failures
• Transportation interruptions or supplier delays
• Government actions or regulations
• Other circumstances beyond LW’s reasonable control

When such circumstances cause a delay, estimated delivery and completion dates will be extended by the duration of the delay plus a reasonable recovery period.

LW will make reasonable efforts to notify the Purchaser of the delay and resume performance as soon as practicable once conditions permit.

9. Limitation of Liability

LW will make every effort to ensure that the custom-built trailer, tank, or equipment meets the approved specifications and quality standards.

For equipment issues covered by a third-party manufacturer’s warranty, LW’s role is to coordinate warranty service or repair in accordance with that manufacturer’s warranty terms.

To the fullest extent permitted by applicable law, LW’s total liability arising from the purchase shall not exceed the total purchase price of the trailer, tank, or equipment.

LW shall not be responsible for incidental, indirect, special, or consequential losses, including loss of use, lost profits, missed work, business interruption, or other business impacts resulting from equipment issues, delays, or repairs.

These limitations do not create a right to cancel an order or return custom-built equipment for a refund after production begins. Nothing in these terms excludes liability or remedies that cannot lawfully be excluded.

10. Governing Law & Entire Agreement

This agreement shall be governed by and construed under the laws of the Commonwealth of Massachusetts.

The parties waive trial by jury. No legal action may be filed more than one (1) year after the cause of action accrues. Each party is responsible for its own legal fees, except as otherwise required by applicable law.

These terms, together with the accepted quotation, approved specifications, and written change orders, constitute the entire agreement concerning the purchase and supersede prior verbal or written representations concerning the same purchase.

For custom-built products, the Custom Orders & Cancellations provisions govern in the event of a conflict concerning cancellations, returns, or refunds.

11. Acceptance of Terms

These Custom Trailer, Tank & Equipment Sales Terms apply to quotations, orders, and purchases of custom-built trailers, tanks, and related equipment from L.W. Tank Repair, Inc.

By signing a quotation, submitting written order approval, or otherwise expressly accepting these terms as part of the purchasing process, the Purchaser acknowledges and agrees to the applicable:

• Quotation and Custom Trailer, Tank & Equipment Sales Terms

• Equipment specifications, dimensions, features, and approved design details

• Deposit, payment, and cancellation requirements

• Custom-built nature of the equipment

• Manufacturer warranties and applicable limitations

Once production begins, custom-built equipment orders generally cannot be canceled, returned, or refunded, except as expressly provided in the applicable agreement or required by law.

The Purchaser is responsible for reviewing all specifications and terms before approving an order.