"Agreement for Service"
Terms and Conditions

Providing on-site service to southern New Hampshire

(508) 265-8810

Mission Statement

At 1ELEVENDiesel, our mission is to deliver high-quality, on-site truck and equipment repairs, done right the first time, without cutting corners.

"Agreement for Service"
Terms and Conditions

Last Update: January 11, 2026

1. DEFINITIONS

"Carrier" means a third-party delivery service which delivers the Equipment to Customer.
"Customer" means the person or entity identified on the front page of this "Agreement for Service", including any representative, agent, officer or employee of the Customer.
"Owner" means the person who legally holds the title/legal owner of the equipment.
"Equipment" means any one or more of the items listed on the front page of this "Agreement for Service", and shall include any accessories, attachments or other similar items sold to Customer, such as air hoses, electric cords, blades, welding cables, liquid fuel tanks and nozzles.
"1ELEVENDiesel" means the Limited Liability Company 1ELEVENDiesel, LLC located in Plaistow, NH.
"Vendor" means a Customer from whom 1ELEVENDiesel has purchased, is currently purchasing, or will purchase equipment, supplies or other items.

2. AUTHORITY TO SIGN

Any individual signing this "Agreement for Service" represents and warrants that he or she is of legal age, and has the authority and power to sign this "Agreement for Service" on their own behalf or for the Owner of the equipment.

3. TERMS OF PAYMENT

All amounts due hereunder shall be payable in full upon receipt of invoice by Customer. Without limiting 1ELEVENDiesel's other rights, late payments accrue interest, payable by Customer on 1ELEVENDiesel's demand, at the lesser of 2% per month (24% per annum) or the highest rate permitted by law. Customer agrees to pay all collection costs, attorneys' fees and court costs incurred by 1ELEVENDiesel to enforce the terms and conditions of this "Agreement for Service".

4. SECURITY INTEREST

Customer hereby grants to 1ELEVENDiesel a security interest in the Equipment and the proceeds of the Equipment to secure the prompt payment and performance of Customer's repair price and other obligations. Customer authorizes 1ELEVENDiesel to file financing statements to perfect this security interest. If Customer does not timely satisfy Customer's payment and other obligations, 1ELEVENDiesel will have all rights and remedies that Article 9 of the Uniform Commercial Code, or similar provisions of any applicable state law, provide to a secured party. Customer also grants to 1ELEVENDiesel all such rights and waivers that a debtor may, under Article 9 or such other law, make available to a secured creditor by express agreement or waiver. Customer agrees to pay 1ELEVENDiesel all costs which 1ELEVENDiesel may incur in the repossession and disposition of the Equipment, including 1ELEVENDiesel's attorneys' fees.

In addition to the security interest granted above, Customer acknowledges and agrees that 1ELEVENDiesel retains all rights to assert and enforce any mechanic's lien, garageman's lien, or similar statutory lien arising under the laws of Massachusetts, New Hampshire, or any other applicable jurisdiction, whether or not the Equipment remains in 1ELEVENDiesel's possession. Nothing in this Agreement shall be construed to waive, limit, or replace such statutory lien rights. The rights and remedies provided herein are cumulative and may be exercised separately or concurrently, to the fullest extent permitted by law.

5. USE AND MAINTENANCE

Customer has had the opportunity to contact the manufacturer for documentation regarding the use and maintenance of the Equipment and regular safety requirements, and to determine whether the Equipment meets the manufacturer's maintenance and operating requirements.

6. DISCLAIMER OF WARRANTIES

Except where prohibited by state law, 1ELEVENDiesel makes no representation or warranty on any matter whatsoever. Except as aforesaid, ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. Any oral or other statements that 1ELEVENDiesel's employees may have made regarding the Equipment do not constitute warranties, are disclaimed by 1ELEVENDiesel, and shall not be relied upon by the Customer. Except where prohibited by state law, Customer waives and releases 1ELEVENDiesel of and from all obligations, liabilities, rights, claims and remedies, in tort or otherwise relating to the Equipment maintenance/repair or the sale, whether arising out of the use, possession, operation, sale, lease, assembly or disassembly of the Equipment, or out of 1ELEVENDiesel's negligence or strict or product liability, or otherwise.

7. INDEMNITY / HOLD HARMLESS

TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD 1ELEVENDiesel, AND ANY OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY, OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE OPERATION, USE, POSSESSION OR SALE OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST 1ELEVENDiesel BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY 1ELEVENDiesel FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF 1ELEVENDiesel. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND AFFECT NOT WITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE CONTRACT

8. DELIVERY

Customer Picks Up Equipment. In the event Customer picks up any item of Equipment at a Shop Location, Customer shall be deemed to have inspected and accepted each item of Equipment at the time of pick up and risk of loss and title to the Equipment shall pass to Customer at such time.

1ELEVENDiesel Delivers Equipment to Customer. In the event 1ELEVENDiesel delivers the Equipment to a location designated by Customer, Customer shall sign such documents as required by 1ELEVENDiesel evidencing that the items of Equipment have been delivered to and accepted by Customer. Risk of loss and title to the Equipment shall pass to Customer upon delivery. Customer shall pay all costs of shipping.

Carrier Delivers Equipment to Customer. In the event a Carrier is utilized to deliver Equipment to Customer, Customer shall sign such documents as required by 1ELEVENDiesel and/or Carrier evidencing that the items of Equipment have been delivered and accepted by Customer. Risk of loss and title to the Equipment shall pass to Customer upon delivery of the Equipment to Carrier. Customer shall pay all costs of shipping.

9. CUSTOMER/VENDOR ACKNOWLEDGEMENT

Vendor acknowledges and agrees that even though 1ELEVENDiesel may have purchased or may purchase equipment and other items from Vendor prior to or subsequent to the transaction set forth herein, such purchases of equipment and other items by 1ELEVENDiesel have not formed any part of the consideration for the purchase of the Equipment hereunder. Customer acknowledges that the price for each item of Equipment and other items set forth on the front of this "Agreement for Service" has been negotiated at arm's length and in good faith.

10. OTHER PROVISIONS

This "Agreement for Service" sets forth the entire understanding of 1ELEVENDiesel and Customer with respect to the Equipment and the sale of the Equipment, supersedes all prior agreements, and cannot be changed or terminated orally.

This "Agreement for Service" shall be binding on 1ELEVENDiesel only if a duly authorized signatory has signed it.

The federal and state courts in Rockingham County, New Hampshire, United States for Equipment maintenance/repairs was(were) made under this "Agreement for Service" shall have exclusive jurisdiction over all matters relating to this "Agreement for Service" and the maintenance/repair of the Equipment.

TRIAL BY JURY IS WAIVED.

Customer consents to the collection, use and disclosure of their personal identification and financial information as described herein and in 1ELEVENDiesel's Privacy Policy.

By authorizing an estimate, the Customer agrees to the above information:


 

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