Terms and right of entry

Terms and Conditions

1. Who these terms are between

These terms govern all work performed by Echo Testing ("we", "us") for the customer identified on the account ("you"). They apply to every job, quote, field ticket and invoice unless we have both signed a separate master service agreement, in which case that agreement controls where the two conflict.

Booking a job, accepting a quote, or allowing our personnel onto a location constitutes acceptance of these terms.

2. What we do

We perform acoustic fluid level surveys, dynamometer surveys, pressure transient testing, pump-off controller setup and related well analysis. We deliver measured data and our professional interpretation of it.

We are a measurement and analysis provider. We do not operate your wells, and recommendations we give are advisory. Decisions about pulling, workover, chemical treatment, equipment changes, production rates or shutting a well in remain yours.

3. Scheduling and access

We operate 24 hours a day, every day of the year. Requested dates are confirmed by us; a request submitted online is not a confirmed appointment until you receive written confirmation from us.

You are responsible for providing:

• accurate well location, lease name, well number and access directions
• gate keys, combinations, or an escort where access is controlled
• notice of any active operations, H2S, or other hazards on the location
• a wellhead in a condition that allows a gas gun to be safely connected

If our personnel arrive and cannot safely or lawfully access the well, or the wellhead cannot accept the equipment, a standby or trip charge applies.

4. Cancellation and standby

Cancel or reschedule at no charge any time before the technician is dispatched to your location. Once dispatched, a trip charge applies. Standby time on location caused by conditions outside our control is billed at our hourly rate in fifteen-minute increments after the first thirty minutes.

5. Pricing, invoicing and payment

Pricing is per well, quoted on your account, with reduced pricing on additional wells surveyed on the same lease during the same visit. Travel is billed as a separate line item and is shown on the ticket and the invoice.

Field tickets are presented on location for signature. A signed field ticket is your acknowledgement that the work described was performed. An unsigned ticket does not waive the charge where the work was performed and accepted.

New accounts are established on a credit card basis. After the number of paid invoices shown in your portal you may apply for open terms; approval, the terms granted and any credit limit are at our discretion and may be withdrawn on notice. Where open terms are granted, invoices are due per those terms from the invoice date.

Past-due balances accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower. You are responsible for reasonable costs of collection, including attorneys' fees. Disputed charges must be raised in writing within fifteen days of the invoice date; undisputed portions remain due.

Where you require a purchase order, AFE or cost centre on an invoice, it is your responsibility to give it to us before the work is performed. Absence of a PO does not void an invoice for work performed at your request.

6. Data, reports and confidentiality

Survey data collected on your wells is yours. We retain a copy in your portal so that the history of the well remains available to you, and we use it to perform the work and support you.

We will not disclose your well data, production information or lease details to any third party except as required by law, by a regulator, or with your written consent. Aggregated and anonymised information that does not identify you, your leases or your wells may be used to improve our methods.

You are responsible for the accuracy of the well information you give us. An interpretation is only as good as the pump setting depth, tubing and casing detail supplied.

7. Insurance

We carry commercial general liability, automobile liability, workers' compensation and employer's liability, and excess liability coverage. A current certificate of insurance is available for download in your portal. Additional insured status, waivers of subrogation and specific limits can be issued on request; tell us what your operating agreement requires and we will have the certificate issued accordingly.

8. Safety

Our personnel follow their own safety programme and will comply with your site safety requirements while on your location. Our technician has stop-work authority and will not perform work he judges unsafe. Exercising that authority is not a breach of these terms.

You will advise us of known hazards on the location before work begins, including but not limited to H2S, high pressure, live electrical equipment, unstable ground and simultaneous operations.

9. Allocation of risk

Each party is responsible for injury to its own personnel and damage to its own property arising out of the work, regardless of fault, and will defend and indemnify the other party accordingly. This is the customary knock-for-knock allocation used in oilfield service work.

We are responsible for damage to your property to the extent it is caused by our negligence or wilful misconduct.

Neither party is liable to the other for indirect, incidental, consequential, punitive or exemplary damages, or for loss of production, loss of profit, loss of reserves, or damage to the reservoir or the wellbore, arising out of the work. Our total liability arising out of any job is limited to the amount invoiced for that job.

Nothing in this section limits liability that cannot be limited by law.

10. Force majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including severe weather, road closures, fire, flood, labour disputes, acts of government, and loss of utility or communication service. We will tell you as soon as practicable and reschedule promptly.

11. Independent contractor

We perform work as an independent contractor. Our personnel are our employees or contractors and are not your employees, borrowed servants or statutory employees for any purpose.

12. Term, changes and notices

These terms remain in effect until replaced. We may update them; the current version is always shown in your portal, and material changes require your acceptance before further work is scheduled. Your prior acceptances remain on file with the wording that applied at the time.

Notices go to the addresses on your account. Keep them current.

13. Governing law

These terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Venue for any dispute lies in the county of our principal place of business, except where work performed in another state requires that state's law to apply, in which case it applies to that work only.

If any provision is held unenforceable, the rest remains in effect.

14. Contact

Echo Testing 15610 Henderson Pass, Ste 700133, San Antonio, TX 78232 (210) 944-8870 · Sales@echotesting.com

Right of Entry and Authorization to Work

Right of entry and authorisation to work

By accepting this authorisation you confirm the following on behalf of the customer named on the account.

1. Authority. You are the operator of, or hold the right to authorise work on, the leases, wells and locations you submit to us, or you are acting with the express authority of the party who does. You have the authority to grant the access described here.

2. Access. You grant Echo Testing, its employees, contractors and vehicles the right to enter the leases, well sites, tank batteries and access roads associated with the wells you schedule, at any hour of any day, for the purpose of performing the surveys and services you have requested and for any follow-up required to complete or verify that work.

3. Work on the well. You authorise our personnel to connect acoustic and pressure measurement equipment to the wellhead, casing annulus and tubing; to attach dynamometer equipment to the polished rod and load-bearing structure; to read, record and photograph wellhead pressures, gauges, nameplates and controller settings; and where you have requested pump-off controller work, to access and change controller settings.

Our personnel will not open a well to atmosphere beyond what the survey requires, will not alter production settings other than a controller you have asked us to set, and will not shut a well in without your instruction, except where our technician judges it necessary for safety.

4. Surface use. Access will be by existing roads and locations. We will leave gates as we found them, keep vehicles on the location, and leave the site in the condition we found it.

5. Third-party surface owners. Where the surface is owned by someone other than you, you confirm that the surface use agreement, easement or lease covering the location extends to contractors performing well services, and that no separate permission from the surface owner is required for our entry. If a location requires separate notice or escort, tell us before the job.

6. Regulatory and operator notice. You are responsible for any notice to a regulator, a partner, a non-operating working interest owner or a royalty owner that your agreements require before work is performed on a well.

7. Hazards. You will advise us of known hazards at each location, including H2S, high-pressure equipment, live electrical systems, simultaneous operations, unstable ground, and any location-specific PPE requirement, before work begins.

8. Duration. This authorisation applies to all work you schedule with us and remains in effect until you revoke it in writing. Revocation does not affect work already performed or in progress.

9. Insurance. Our current certificate of insurance is available in your portal. Tell us what your operating agreement requires (additional insured status, waiver of subrogation, specific limits) and we will have a certificate issued to match.