Blue Pine Fuels, Inc. Terms and Conditions

Services. These Terms and Conditions together with any scope of work (the “SOW”) (collectively, these “Terms”) constitute the entire agreement between you (the “Customer”) and Blue Pine Fuels, Inc. (“Blue Pine”) with respect to the services set forth in the SOW (the “Services”). Blue Pine will provide Customer with the Services subject to these Terms .

Fees and Expenses. Customer will pay Blue Pine the fees invoiced by Blue Pine for Services to be performed under the SOW (collectively, the “Fee”). Customer will pay the Fee in the manner specified in the SOW, or if no payment term is specified in the SOW, within thirty (30) days of the date of Blue Pine’s invoice. Except for amounts successfully disputed by Customer, all late payments will bear interest at the lesser of 1.5% per month or the highest rate permissible under applicable law. 

Term. The SOW is effective from the date approved until the parties have completed their obligations under the SOW, unless sooner terminated pursuant to Section 4.

Termination. Either party may terminate this SOW, upon written notice to the other party (the “Defaulting Party”), if the Defaulting Party: (a) materially breaches the SOW or these Terms in a way that cannot be cured or is not in fact cured within 30 days after receiving written notice of such breach; (b) becomes insolvent; (c) becomes subject to any proceeding under any bankruptcy or insolvency law; (d) is dissolved or liquidated; (e) makes a general assignment for the benefit of creditors; or (f) has a receiver, trustee, custodian, or similar agent appointed to take charge of or sell any material portion of its property or business. 

Independent Contractor. Blue Pine is for all purposes hereunder an independent contractor and in no event will Blue Pine be considered an agent or employee of Customer or any of its affiliates for any purpose. 

Wildfire Risk Disclaimer. Customer acknowledges that wildfire mitigation treatments reduce, but do not eliminate, wildfire risk. Blue Pine does not guarantee that treated properties, structures, vegetation, or improvements will survive or be protected during a wildfire event.

Concealed Hazards. Customer is responsible for identifying and marking underground utilities, irrigation systems, septic systems, private infrastructure, and other concealed hazards or improvements prior to commencement of Services. Blue Pine is not responsible for damage to unmarked or concealed infrastructure.

Change Orders. Work outside the agreed scope of the SOW shall require a revised quote or change order, which must be approved in writing by both parties before any additional work is performed.

Limited Warranty. Blue Pine warrants it will perform the Services (a) using personnel of commercially reasonable skill, experience, and qualifications; and (b) in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. BLUE PINE (a) MAKES NO WARRANTIES EXCEPT FOR THE PRIOR SENTENCE; AND (b) DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Blue Pine’s sole and exclusive liability and Customer’s sole and exclusive remedy for breach of the limited warranty in this Section 9 is reperformance of the affected Services. 

Limitation of Liability. BLUE PINE WILL NOT BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT BLUE PINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN THE ABSENCE OF PROOF OF GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT BY BLUE PINE, BLUE PINE’S LIABILITY ARISING OUT OF OR RELATED TO THE SOW, WHETHER SOUNDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED AMOUNTS PAID TO BLUE PINE BY CUSTOMER PURSUANT TO THE SOW. 

Prescribed Fire. If prescribed fire is included in the SOW BLUE PINE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT OR PROXIMATE ADVERSE IMPACTS RESULTING FROM A PRESCRIBED FIRE CONDUCTED UNDER THE SOW. Customer acknowledges and understands that prescribed fire is inherently high risk and operationally challenging due to unpredictable weather, ignition window limits, potential smoke impacts, potential escape or spotting, and the potential need for an extended commitment of holding resources. 

Jurisdiction; Venue. This SOW and all matters arising out of or relating to it, including tort and statutory claims, are governed by the laws of the State of Washington, without giving effect to any conflict of laws provisions that would apply the laws of a different jurisdiction. A party may institute a lawsuit, action, or proceeding arising out of or relating to the SOW only in state courts located in Kittitas County, WA or the federal courts for the Eastern District of Washington located in Yakima, WA. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY: (A) CONSENTS AND SUBMITS TO EXCLUSIVE JURISDICTION OF THE AFOREMENTIONED COURTS; (B) WAIVES OBJECTION TO CHOICE OF FORUM BASED ON VENUE OR THAT THE FORUM IS NOT CONVENIENT; AND (C) WAIVES PERSONAL SERVICE OF PROCESS, WHICH MAY BE MADE BY ANY OTHER MEANS PERMITTED BY WASHINGTON LAW. 

Assignment; Subcontracting. Neither party may assign or transfer any of its rights or obligations under the SOW without the prior written consent of the other party. Blue Pine, however, may subcontract the Services.

Scheduling. Timing and scheduling of the Servicesis subject to change due to weather, Industrial Fire Precaution Levels (IFPL’s), and potential disruptions to crew availability due to fire assignments. During wildfire season most of Blue Pine’s employees are engaged in some level of local initial attack, project fire assignments, or both. Blue Pine shall notify the Customer as soon as possible of any impacts  to the completion of Services. Blue Pine may condition the performance of Services on successful completion of an IFPL waiver. Customer shall reasonably assist Blue Pine in obtaining an IFPL waiver.

Force Majeure. No party shall be liable to the other party, or be deemed to have defaulted under or breached the SOW or these Terms, for any failure or delay in performing any term of the SOW or these Terms (except for any obligations of Customer to make payments to Blue Pine hereunder), to the extent such failure or delay is caused by or results from acts beyond such party’s reasonable control.

Severability. If any provision of these Terms or the SOW is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity will not affect any other provision, and the remaining provisions will be enforced to the fullest extent permitted by law.

Privacy Policy. Customer acknowledges that Blue Pine's collection, use, storage, disclosure, and protection of personal information is governed by Blue Pine's Privacy Policy, as amended from time to time, which is incorporated herein by reference and available at the URL identified by Blue Pine. By requesting Services, submitting information, entering into a Statement of Work, or otherwise engaging Blue Pine, Customer acknowledges receipt of and agrees to the Privacy Policy.

Electronic Communications and Text Messages. Customer consents to receive service-related communications from Blue Pine, including telephone calls, emails, and text messages regarding estimates, scheduling, project updates, invoices, customer support, payment reminders, collections matters, and other matters related to the Services. Message frequency may vary. Message and data rates may apply. Consent to receive text messages is not a condition of purchase. Customer may opt out of text messaging at any time by replying STOP. Customer may obtain assistance by replying HELP or by contacting Blue Pine directly. Customer acknowledges that electronic communications may be transmitted through third-party service providers utilized by Blue Pine in the ordinary course of business.

Customer Data and Site Information. Customer authorizes Blue Pine to collect, create, retain, and use photographs, videos, maps, GPS data, GIS data, field notes, wildfire mitigation assessments, defensible space assessments, home hardening assessments, inspection reports, project documentation, treatment records, and related information reasonably necessary to provide Services, maintain business records, comply with legal requirements, support grant-funded activities, improve services, and protect the health and safety of personnel and property. Unless otherwise agreed in writing, such records shall remain part of Blue Pine's business records. Nothing herein grants Blue Pine ownership of Customer's real property or proprietary information beyond the rights reasonably necessary to perform the Services and maintain customary business records.

Online Platforms and Technology Systems. Customer acknowledges that Blue Pine may utilize online forms, customer portals, scheduling platforms, customer relationship management systems, mapping systems, geographic information systems, mobile applications, cloud-based services, and related technologies in connection with the Services. Such systems may include Jobber, QuickBooks, HubSpot, ArcGIS Online, Survey123, Field Maps, Experience Builder, ArcGIS Hub, InterfaceIntel™, Microsoft 365, and other software platforms utilized by Blue Pine from time to time. Information submitted through or generated by such systems shall be handled in accordance with Blue Pine's Privacy Policy.

 Survival. Sections 6 (Wildfire Risk Disclaimer), 9 (Limited Warranty), 10 (Limitation of Liability), 11 (Prescribed Fire), 12 (Jurisdiction; Venue), 18 (Privacy Policy), 20 (Customer Data and Site Information), 21 (Online Platforms and Technology Systems), and any other provisions which by their nature should survive termination, shall survive expiration or termination of the Statement of Work and these Terms.



Electronic Signatures. By indicating your acceptance or submission of information by clicking “Accept,” checking a box, or an analogous mechanism, you agree to these Terms.