Service Terms & Conditions
Last updated: September 1, 2026
Fuel System, Dispenser & Petroleum Equipment Proposals
Effective Date: September 1, 2026 · Version 2.0 · Last Updated: September 1, 2026
These Service Terms & Conditions (these "Terms") are incorporated into and form part of the proposal, quotation, estimate, or bid (the "Proposal") to which they are attached or referenced, issued by Genesys Technologies Inc., a California corporation doing business as GTI Petro ("GTI Petro," "Contractor," "we," or "us"), to the recipient identified in the Proposal ("Customer" or "you").
Together, the Proposal and these Terms constitute the entire agreement between the parties for the work, materials, and services described in the Proposal (collectively, the "Work"). By accepting the Proposal, issuing a purchase order, or authorizing GTI Petro to proceed, Customer agrees to be bound by these Terms.
Any pre-printed or additional terms on Customer's purchase order or other documents that conflict with or add to these Terms are expressly rejected and shall have no effect unless accepted by GTI Petro in a writing signed by an authorized officer.
1. Acceptance & Validity of Proposal
Unless a different period is stated on the face of the Proposal, the prices and terms in the Proposal are valid for thirty (30) calendar days from the Proposal date and may be revised or withdrawn by GTI Petro in writing at any time before Customer's written acceptance is received. A binding agreement is formed only upon the earlier of (i) GTI Petro's receipt of Customer's signed acceptance or purchase order referencing the Proposal, or (ii) GTI Petro's commencement of the Work at Customer's direction. Verbal authorizations, if acted upon, are binding on Customer to the same extent as a written acceptance.
2. Scope of Work & Exclusions
GTI Petro will furnish only the labor, materials, equipment, and services expressly described in the Proposal. Any work not expressly included is excluded. Without limitation, the following are excluded unless specifically itemized and priced in the Proposal: permit and inspection fees; engineering, design, and surveying; concrete cutting, coring, saw-cutting, patching, and repaving beyond areas disturbed by the Work; landscaping and irrigation repair; canopy, signage, lighting, and electrical work beyond that itemized; dewatering; rock or unsuitable-soil excavation; disposal of contaminated soil, water, or hazardous materials; utility relocation; POS/network integration; bonds; overtime, night, or weekend premiums; and traffic control.
Quantities of excavation, piping, backfill, and similar items are estimates; final billing reflects actual field-verified quantities.
3. Pricing, Price Validity & Material Escalation
Pricing is based on current costs of equipment, dispensers, tanks, piping, steel, fuel-handling components, fuel, and labor at the time the Proposal is prepared. Because pricing in these markets is subject to manufacturer increases, tariffs, freight surcharges, and commodity volatility, GTI Petro reserves the right to adjust pricing for (i) any manufacturer or supplier price increase, tariff, or surcharge taking effect after the Proposal date, and (ii) any Work not commenced within the validity period due to Customer delay.
GTI Petro will provide reasonable documentation of any such adjustment, and will notify Customer in writing before the adjusted price is invoiced. If an adjustment increases the total Proposal price by more than ten percent (10%), Customer may, within ten (10) business days of notice, elect to cancel the unperformed portion of the Work affected by the adjustment, in which case the parties' rights are settled under Section 17.
All prices are exclusive of applicable sales, use, and excise taxes, which are the responsibility of Customer.
4. Payment Terms
Unless otherwise stated in the Proposal, payment terms are as follows: a deposit may be required upon acceptance to cover equipment procurement and mobilization; progress invoices are issued as the Work proceeds or upon delivery of major equipment; and the balance is due upon substantial completion. Invoices are due Net thirty (30) days from the invoice date.
Past-due balances accrue interest at one and one-half percent (1.5%) per month (18% per annum) or the maximum rate permitted by law, whichever is less. Customer is responsible for all costs of collection, including reasonable attorneys' fees. GTI Petro may suspend the Work and withhold delivery of equipment, warranties, and close-out documents while any invoice is past due.
Payment is not contingent upon Customer's receipt of funds from any third party, lender, or owner (no "pay-if-paid" or "pay-when-paid" condition applies to GTI Petro's right to payment).
Good-faith disputes. Customer may withhold payment only for an amount subject to a good-faith dispute identified to GTI Petro in writing within ten (10) days of the invoice date, and may withhold no more than one hundred fifty percent (150%) of the disputed amount. Undisputed amounts remain due on their original terms. This provision limits, and does not create, any right of set-off, deduction, or withholding.
Retention. Where the Proposal or a signed agreement provides for retention, GTI Petro will release retention withheld from its subcontractors within ten (10) days of receiving it, and Customer will release retention to GTI Petro within forty-five (45) days after completion of the Work.
Statutory rights preserved. Nothing in this Section waives, reduces, or substitutes for GTI Petro's rights and remedies under the California prompt payment statutes, including California Civil Code sections 8800, 8812, and 8814 and California Business and Professions Code section 7108.5, or the corresponding statutes of Arizona and Nevada. Where a statutory penalty rate applies, that rate governs in lieu of the contractual rate stated above.
5. Change Orders
Any change to the scope, quantities, materials, schedule, or site conditions must be authorized by a written change order signed by both parties before the affected Work proceeds, except where a delay in authorization would jeopardize safety, the environment, or the integrity of installed systems, in which case GTI Petro may proceed and bill for the change.
Change-order work is priced at GTI Petro's then-current time-and-material rates plus applicable markups, or by mutually agreed lump sum. Verbal directions to change the Work that are acted upon will be confirmed by written change order and are billable. Customer's failure to sign a change order does not waive GTI Petro's right to payment for changed Work actually performed at Customer's direction.
6. Concealed & Differing Site Conditions
Pricing assumes normal, workable subsurface and site conditions. Underground and enclosed conditions cannot be fully known in advance. If GTI Petro encounters conditions that differ materially from those assumed or that were not reasonably discoverable — including unmarked or mislocated utilities, undocumented tanks or piping, groundwater, rock, unstable or unsuitable soils, buried debris or structures, or pre-existing contamination — GTI Petro will notify Customer, and the resulting additional cost and time will be handled as a change order under Section 5.
Customer is responsible for providing accurate as-built and utility-location information; GTI Petro is not liable for damage to utilities or structures that were not properly marked or disclosed.
7. Permits, Codes & Regulatory Compliance
Unless the Proposal states that GTI Petro will obtain permits, Customer is responsible for obtaining and paying for all permits, licenses, plan-check and inspection fees, and regulatory approvals required for the Work, including those of the local fire authority, building department, air district, and the agency having jurisdiction over underground storage tanks (in California, the applicable CUPA; in Arizona and Nevada, the applicable state or local UST authority).
GTI Petro will perform the Work in accordance with applicable codes and manufacturer requirements in effect at the time the Proposal is prepared. Changes in codes, regulations, or agency interpretation after the Proposal date that increase the cost or scope of the Work are the responsibility of Customer and will be handled as a change order.
8. Customer Responsibilities & Site Access
Customer shall, at no cost to GTI Petro and in a timely manner: provide safe, clear, and continuous access to the site and adequate laydown, staging, and parking areas; provide temporary power, water, and sanitary facilities where reasonably available; coordinate and manage any site operations, tenants, or fuel deliveries affected by the Work; secure the work area from the public; furnish accurate site, utility, and as-built information; and cause any Customer-supplied equipment or long-lead items to be available when needed.
Delays, standby time, or remobilization caused by Customer's failure to meet these responsibilities are billable and extend the schedule.
9. Schedule, Delays & Force Majeure
Any schedule, completion date, or duration stated in the Proposal is an estimate made in good faith and is not a guaranteed date. Time is not of the essence unless expressly agreed in a signed writing.
GTI Petro shall not be liable for, and the schedule and prices shall be equitably adjusted on account of, any delay or failure to perform caused by conditions beyond its reasonable control, including but not limited to: acts of God; weather; fire; flood; earthquake; epidemic or pandemic; war, terrorism, or civil unrest; labor disputes or shortages; equipment, material, or component shortages or manufacturer/supplier delays; freight or transportation disruptions; tariffs, embargoes, or governmental acts, orders, or permitting delays; utility-company delays; cyberattack or telecommunications outage; Customer-caused delays; and concealed or differing site conditions ("Force Majeure").
Upon a Force Majeure event, GTI Petro is entitled to an extension of time equal to the delay and to recovery of resulting increased costs as a change order. GTI Petro is not liable for delay damages, liquidated damages, or penalties unless expressly agreed in a signed writing.
Prolonged events. The affected party will notify the other promptly of a Force Majeure event and use commercially reasonable efforts to resume performance. If a Force Majeure event prevents performance of a material portion of the Work for more than sixty (60) consecutive days, either party may terminate the affected portion of the Work on written notice, and the parties' rights will be settled under Section 17 as if Customer had terminated for convenience.
10. Warranty
(a) Workmanship. GTI Petro warrants that its installation labor and workmanship will be free from defects and performed in a good and workmanlike manner in accordance with applicable codes and manufacturer requirements for a period of one (1) year from the date of substantial completion, unless a different period is stated in the Proposal. GTI Petro's sole obligation, and Customer's exclusive remedy, under this workmanship warranty is, at GTI Petro's option, to repair or re-perform the defective labor at no charge for labor.
Service and repair labor performed as a standalone service call, outside any installation scope, carries a ninety (90) day workmanship warranty from completion of the service, on the same terms. This does not reduce the one (1) year warranty above, which continues to apply to all labor and workmanship performed under an installation scope, including corrective and repair labor performed within that scope.
(b) Equipment & Materials. Dispensers, tanks, piping, submersible pumps, tank-monitoring systems, sensors, controls, and other manufactured equipment carry only the warranty of the respective manufacturer. GTI Petro passes through to Customer all such manufacturer warranties to the extent assignable and does not independently warrant manufactured goods. Warranty claims on equipment are subject to the manufacturer's terms, conditions, and procedures.
(c) Warranty administration. Manufacturer warranty processes are documentation-intensive and carry short claim deadlines. GTI Petro will prepare, file, and manage eligible manufacturer warranty claims on Customer's behalf at no additional charge, including product registration, dispatch documentation, defective-part returns, and follow-up. A claim is "eligible" if it relates to equipment GTI Petro supplied or serviced, the equipment is within the manufacturer's stated warranty period, and Customer promptly provides the information and access the manufacturer requires. GTI Petro cannot guarantee any manufacturer's decision, and payment, repair, or replacement remains subject to the manufacturer's terms, conditions, deadlines, and procedures. Where a manufacturer denies a claim, any resulting repair is quoted and billed in the ordinary course.
(d) Exclusions. The warranties above do not cover: normal wear; consumable items; damage from misuse, abuse, vandalism, accident, fuel or additive quality, contamination, power surges, lightning, flooding, or acts of God; corrosion or conditions arising from pre-existing site or subsurface conditions; alterations, repairs, or maintenance performed by anyone other than GTI Petro or its authorized representatives; failure to perform required routine maintenance, testing, or calibration; or any Work affected by Customer's failure to pay amounts due.
(e) Maintenance. Customer is responsible for routine operation, maintenance, monitoring, and regulatory testing of the systems after acceptance, including all statutory UST monitoring, leak-detection, and compliance testing.
THE WARRANTIES IN THIS SECTION ARE THE ONLY WARRANTIES PROVIDED AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11. Insurance
GTI Petro maintains, with insurers it deems reasonable, the following coverages: Commercial General Liability; Automobile Liability; Workers' Compensation and Employer's Liability as required by law; and Umbrella/Excess Liability.
Upon request, GTI Petro will furnish a certificate of insurance evidencing these coverages and will name Customer as an additional insured on the General Liability policy to the extent of GTI Petro's indemnity obligations under Section 12, on a primary-and-non-contributory basis only where required by written contract.
Any additional insurance requirements, higher limits, waivers of subrogation, or endorsement costs requested by Customer beyond GTI Petro's standard program may be provided at Customer's expense as a change order. Each party is responsible for insuring its own property.
12. Indemnification
To the fullest extent permitted by law, each party (as "Indemnitor") shall indemnify, defend, and hold harmless the other party and its officers, employees, and agents from and against third-party claims for bodily injury, death, or damage to tangible property to the extent caused by the negligence or willful misconduct of the Indemnitor in connection with the Work.
Neither party is required to indemnify the other for claims arising from the other party's own negligence or willful misconduct, and any indemnity is reduced in proportion to the comparative fault of the party seeking indemnity, consistent with applicable law. GTI Petro shall have no obligation to indemnify Customer for pre-existing site or environmental conditions.
Statutory limits. For any Work that is a "construction contract" as defined by California Civil Code section 2783, the indemnity obligations in this Section are limited by and will be construed consistent with California Civil Code sections 2782 and 2782.05. Where the Work is performed in Arizona or Nevada, the corresponding anti-indemnity statutes (A.R.S. § 32-1159 and NRS 624.610) apply. No provision of these Terms requires any party to indemnify another for liability arising from that party's own sole or active negligence or willful misconduct, or otherwise to the extent prohibited by law; any such provision is void to that extent and will be reformed to the maximum scope permitted.
13. Limitation of Liability
To the fullest extent permitted by law: (i) GTI Petro's total aggregate liability arising out of or relating to the Proposal and the Work, whether in contract, tort, warranty, or otherwise, shall not exceed the total amount actually paid to GTI Petro by Customer for the specific Work giving rise to the claim; and (ii) in no event shall either party be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost fuel sales, business interruption, or loss of use, even if advised of the possibility of such damages.
These limitations do not apply to a party's indemnity obligations for third-party bodily-injury or property-damage claims, or to liability that cannot be limited under applicable law.
14. Environmental Conditions & Hazardous Materials
Customer represents that, except as disclosed to GTI Petro in writing, the site is free of hazardous materials and pre-existing contamination. GTI Petro is not responsible for, and expressly disclaims liability for, pre-existing contamination or hazardous materials at, on, or under the site, whether or not disclosed.
If contaminated soil, water, or hazardous materials are encountered or generated during the Work, GTI Petro may stop the affected Work; the assessment, handling, transportation, and lawful disposal of such materials are excluded from the Proposal and, if performed by GTI Petro, are billable as a change order.
Customer is and remains the generator of any contaminated or hazardous materials originating at its site and is responsible for manifesting and disposal obligations under applicable law.
15. Title & Risk of Loss
Title to equipment and materials passes to Customer upon full payment. Risk of loss for delivered equipment and materials passes to Customer upon delivery to the site. Until GTI Petro has been paid in full, GTI Petro retains a purchase-money security interest in all equipment and materials furnished, and Customer authorizes GTI Petro to file any documents necessary to perfect that interest. Customer is responsible for securing and protecting delivered equipment and materials stored at the site.
16. Mechanic's Lien & Preliminary Notices
GTI Petro reserves all mechanic's lien, stop-payment-notice, and bond-claim rights available under the laws of the state in which the Work is performed, including California, Arizona, and Nevada.
Customer acknowledges that GTI Petro and its lower-tier suppliers may serve preliminary or pre-lien notices as a routine, statutorily required step to preserve these rights, and that such notices do not reflect any dispute regarding payment. Customer shall provide accurate ownership, lender, and legal-description information reasonably requested by GTI Petro to comply with notice requirements.
Any summary of statutory deadlines provided by GTI Petro is a general description only, is subject to change, and is not legal advice.
17. Suspension, Termination & Cancellation
GTI Petro may suspend or terminate the Work upon written notice if Customer fails to pay amounts when due, fails to perform its responsibilities, or if continued performance would be unsafe or unlawful.
If Customer cancels, suspends, or terminates the Work for convenience, or after equipment has been ordered or Work has commenced, Customer shall pay for all Work performed, all materials and equipment ordered or delivered (including non-cancellable, custom, or restocking charges), demobilization, and GTI Petro's reasonable overhead and profit on the terminated portion. Special-order and manufactured-to-order items are non-returnable and non-refundable once released to the manufacturer.
Customer's right to terminate. Customer may terminate for GTI Petro's material breach that remains uncured thirty (30) days after written notice describing the breach in reasonable detail. In that event Customer pays for Work performed and for all materials and equipment ordered or delivered through the termination date, including non-cancellable, custom, and restocking charges, but does not pay demobilization or overhead and profit on the terminated portion.
18. Safety
GTI Petro will perform the Work in accordance with its safety program and applicable OSHA and Cal/OSHA requirements. Customer shall disclose known site hazards and coordinate its operations so as not to expose GTI Petro personnel to unsafe conditions. GTI Petro retains sole control over the means, methods, sequences, and safety of its own Work and personnel. GTI Petro may stop Work when, in its judgment, conditions are unsafe, and any resulting delay is excusable under Section 9.
19. Independent Contractor
GTI Petro performs the Work as an independent contractor. Nothing in the Proposal or these Terms creates a partnership, joint venture, employment, or agency relationship between the parties. GTI Petro is responsible for its own personnel, subcontractors, taxes, and means and methods of performing the Work.
20. Confidentiality & Non-Circumvention
Pricing, methods, drawings, and other non-public information furnished by GTI Petro are confidential, are provided solely to evaluate and perform the Work, and may not be disclosed to competitors or used to solicit GTI Petro's subcontractors, suppliers, or vendor relationships.
Customer shall not, during the Work and for twelve (12) months thereafter, directly or indirectly circumvent GTI Petro to engage any subcontractor, supplier, or trade partner introduced by GTI Petro for the same or similar scope, without GTI Petro's written consent.
21. Governing Law & Dispute Resolution
These Terms and the Proposal are governed by the laws of the state in which the Work is performed, without regard to conflict-of-laws principles. Where the Work spans more than one state or the location is not specified, the laws of the State of California shall govern, with exclusive venue in Los Angeles County, California.
The parties shall first attempt in good faith to resolve any dispute through senior-management discussion and, if unresolved within thirty (30) days, through mediation before a mutually agreed mediator, with the parties sharing the mediator's fees equally. This requirement does not prevent either party from seeking injunctive relief or from recording or enforcing a mechanic's lien, stop payment notice, or bond claim within any statutory deadline.
In any action or proceeding to enforce or interpret these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees and costs. Each party waives any right to a jury trial to the extent permitted by law.
GTI Petro does not require its customers to arbitrate, and does not ask any customer to waive participation in a class or representative action.
22. General Provisions
Entire Agreement. The Proposal and these Terms are the entire agreement between the parties and supersede all prior proposals, negotiations, and representations.
Order of Precedence. In the event of a conflict, the signed face of the Proposal controls over these Terms as to scope and price, and these Terms control over any Customer purchase-order terms.
Amendments. No modification is effective unless in a writing signed by both parties.
Assignment. Customer may not assign the Proposal without GTI Petro's written consent; GTI Petro may subcontract portions of the Work and may assign to an affiliate or successor.
Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remainder stays in effect.
Waiver. No waiver is effective unless in writing, and no delay in enforcing a right waives it.
Survival. Sections addressing payment, warranty, indemnity, limitation of liability, environmental matters, lien rights, confidentiality, and dispute resolution survive completion or termination.
Counterparts & Electronic Signatures. The Proposal and any acceptance may be executed in counterparts and by electronic signature, each of which is deemed an original.
23. Acceptance of Work
GTI Petro will notify Customer upon substantial completion of the Work or of any discrete phase. Customer is deemed to have accepted the Work as complete unless Customer notifies GTI Petro in writing of a specific deficiency within thirty (30) days after substantial completion. Deemed acceptance does not waive Customer's rights under the warranty in Section 10 or under any latent-defect protection provided by law.
24. Contractor Licensing & Required Notices
GTI Petro is a licensed contractor in each state where it performs the Work.
Our contractor license numbers for California, Arizona, and Nevada appear on every proposal, contract, estimate, and invoice we issue, and are available on request at info@gtipetro.com.
California notice, required by Business and Professions Code section 7030:
Contractors are required by law to be licensed and regulated by the Contractors State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors State License Board, P.O. Box 26000, Sacramento, CA 95826.
Arizona notice: Complaints regarding work performed in Arizona may be directed to the Arizona Registrar of Contractors, 1700 W. Washington St., Suite 105, Phoenix, AZ 85007, telephone (602) 542-1525, roc.az.gov, within the time limits set by A.R.S. § 32-1162.
Nevada notice: Complaints regarding work performed in Nevada may be directed to the Nevada State Contractors Board, 2310 Corporate Circle, Suite 200, Henderson, NV 89074, telephone (702) 486-1100, www.nvcontractorsboard.com.
25. Customer Data & Privacy
Information exchanged in connection with a Proposal or the Work is handled in accordance with GTI Petro's Privacy Policy, available at www.gtipetro.com, which is incorporated by reference. Where GTI Petro handles transaction, tank-monitoring, or point-of-sale data belonging to Customer, it does so only as directed by Customer and only as necessary to perform the Work.
26. Notices
Notices under these Terms must be in writing and are effective on personal delivery, on confirmed email transmission, one (1) business day after deposit with a nationally recognized overnight courier, or three (3) business days after deposit in first-class mail, postage prepaid. Notices to GTI Petro go to 5352 N. Irwindale Ave., Suite C, Irwindale, CA 91706, or info@gtipetro.com. Notices to Customer go to the address or email address stated on the Proposal or otherwise on file.
27. Definitions
"Customer" means the recipient identified in the Proposal.
"Proposal" means the proposal, quotation, estimate, bid, or order form issued by GTI Petro to which these Terms are attached or in which they are referenced.
"Substantial completion" means the point at which the Work, or the applicable phase, is sufficiently complete that Customer can use it for its intended purpose, notwithstanding minor punch-list items.
"Work" means the labor, materials, equipment, and services described in the Proposal.
28. Changes to These Terms
We may update these Terms from time to time. When we do, we will change the "Last Updated" date and version number above and post the current version at www.gtipetro.com. The version of these Terms in effect on the date of your Proposal governs that Proposal and the resulting Work. Changes do not apply retroactively to a Proposal already accepted or to Work already performed. Prior versions are available on request.
Contact
GTI PETRO — GENESYS TECHNOLOGIES INC.
5352 N. Irwindale Ave., Suite C, Irwindale, CA 91706
3159 W. Buckeye Rd., Phoenix, AZ 85009
Toll-free: 1-888-450-0484 | Text: 1-424-433-5236
info@gtipetro.com | www.gtipetro.com