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LIMITED WARRANTY
<br />Petroleum or Alcohol Fuels Storage for Double Wall Underground Petroleum Storage Tanks
<br />with Resin Specified for Expanded Fuels
<br />Xerxes Corporation ("Xerxes' wan -ants to ("Owner") that our underground storage tanks, if used in accordance with Xerxes' published specifications and operating
<br />guidelines, and if installed in the United States according to Xerxes' published installation instructions and all applicable laws and regulations:
<br />1) Will not fail for a period of thirty (30) years from date of original delivery by Xerxes due to natural external corrosion.
<br />2) Will not fail for a period of thirty (30) years from date of original delivery by Xerxes due to internal corrosion, provided the tank is used solely, with or without tank
<br />water bottoms, to store the following products at temperatures not to exceed 150' F-
<br />a. Gasoline, jet fuel, aviation gasolines, motor oils, motor vehicle waste oils, kerosene, diesel fuels, or fuel oils;
<br />b. Alcohol, alcohol -gasoline blend, and oxygenated motor fuels stored at ambient temperature:
<br />1. Ethanol and Ethanol Blends
<br />• 100% Ethyl Alcohol
<br />• GasohoI (90% gasoline and 10% ethyl alcohol);
<br />2. Methanol and Methanol Blends
<br />• 100% Methyl Alcohol
<br />• M85 (85% Methanol and 15% gasoline)
<br />• Oxinol-501 waiver (905% gasoline and 95% Oxinol-501 comprised of a 4.75% methanol and 4.75% GTBA mixture).
<br />• Dupont EPA waiver (gasoline with 5% methanol and a minimum of 25% cosolvent - the blend may contain a maximum concentration of up to 3.7%,
<br />by weight, oxygen in the final fuel).
<br />3. Other Oxygenated Fuels
<br />• Gasoline with up to 20%, by volume, of methyl tertiary butyl ether (MTBE), ethyl tertiary butyl ether (ETBE), di -isopropyl ether (RIPE), tertiary amyl
<br />methyl ether (TAME), or tertiary amyl ethyl ether (TAEE).
<br />3) Will not fail for a period of thirty (30) years from date of original delivery by Xerxes due to structural failure, (defined as spontaneous breaking or collapse caused
<br />by material defects in materials or workmanship).
<br />4) Will meet Xerxes' published specifications and will be free from material defects in materials, and workmanship for a period of one (1) year following the date of
<br />original delivery by Xerxes.
<br />If any tank is to be removed from an installation, moved to Owner's new location and is intended for active service at the new location, the tank must be recertified by
<br />Xerxes in order to maintain the warranty as originally extended. The foregoing warranty does not extend to tanks damaged due to acts of God or tank failures caused, in whole
<br />or in part, by misuse, improper installation, storage, servicing, maintenance, or operation in excess of their rated capacity or contrary to their recommended use, whether inten-
<br />tional or otherwise, or any other cause or damage of any kind not the fault of Xerxes. Xerxes only warrants repairs or alterations performed by Xerxes or its authorized contrac-
<br />tors. Xerxes does not warrant any product, components or parts manufactured by others.
<br />Owner's sole and exclusive remedy for breach of warranty is limited at Xerxes' option to: (a) repair of the defective tank, (b) delivery of a replacement tank to the point of
<br />original delivery, or (c) refund of the original purchase price. A claimant must give Xerxes the opportunity to observe and inspect the tank prior to removal from the ground or
<br />the claim will be barred. All claims must be made in writing within one (1) year after tank failure or be forever band. THE FOREGOING WARRANTY CONSTITUTES
<br />XERXES' EXCLUSIVE OBLIGATION AND XERXES MAKES NO OTHER WARRANTY OR REPRESENTATION, EXPRESS OR RAPLIED, WITH RESPECT TO THE
<br />TANK OR ANY SERVICE, ADVICE, OR CONSULTATION, IF ANY, FURNISHED TO OWNER BY XERXES OR ITS REPRESENTATIVES, WHETHER AS TO MER-
<br />CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE THE REMEDIES SET FORTH IN THE ABOVE WARRANTY ARE THE ONLY
<br />RIIvIEDIES AVAILABLE TO ANY PERSON OR ENTITY FOR BREACH OF WARRANTY OR FOR BREACH OF ANY OTHER COVENANT, DUTY, OR OBLIGA-
<br />TION ON THE PART OF XERXES. XERXES SHALL HAVE NO LIABILITY OR OBLIGATION TO ANY'PERSON OR ENTITY FOR BREACH OF ANY OTHER
<br />COVENANT, DUTY OR OBLIGATION UNDER THIS WARRANTY EXCEPT AS EXPRESSLY SET FORTH HEREIN. IT IS EXPRESSLY AGREED THAT THIS
<br />WARRANTY DOES NOT FAIL OF ITS ESSENTIAL PURPOSE. XERXES SHALL HAVE NO LIABILITY FOR TANK INSTALLATION OR REMOVAL COSTS,
<br />ENVIRONMENTAL CONTAMINATION, FIRES, EXPLOSIONS OR ANY OTHER CONSEQUENCES ALLEGEDLY ATTRIBUTABLE TO A BREACH OF WARRAN-
<br />TY, OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY DESCRIPTION, WHETHER ANY SUCH CLAIM OR DAMAGES BE BASED UPON
<br />WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE. IN NO EVENT SHALL XERXES' TOTAL LIABILITY HERE-
<br />UNDER EXCEED THE ORIGINAL PURCHASE PRICE OF THE TANK WHICH.GAVE RISE TO SUCH LIABILITY.
<br />uTM Amo Chemical Co.
<br />Effective 6/1/01
<br />2. Al standard threaded fittings shall be
<br />0 half-couplings and shall be 4" in diameter.
<br />Reducers are to be used for smaller sizes where
<br />Part III; Execution
<br />3.01 Installation
<br />shown and provided by contractor.
<br />3. Sizes Standard Other Sizes
<br />Fill 4•
<br />Gauge 4"
<br />Inlet 4"
<br />Contractor shall be trained by the tank manufacturer,
<br />the state or other approved agency.
<br />3.02 Testing
<br />Tanks shall be installed and tested according to current
<br />Double-Wall Installation Manual and Operating
<br />Guidelines provided with the tank.
<br />Sizes Standard Other Sizes
<br />Part N• Warranty
<br />Outlet 4'
<br />4.01 Warranty shall be manufacturer's current
<br />Vent 4'
<br />standard warranty. See below).
<br />Extra 4"
<br />4. Strength — NPT fittings shall withstand a minimum of
<br />150 foot-pounds of torque and 1,000 foot-pounds
<br />of bending, both with a 2:1 safety factor.
<br />H. Monitor fittings — Each monitor fitting shall consist of
<br />a 4' NPT fitting on the secondary tank.
<br />LIMITED WARRANTY
<br />Petroleum or Alcohol Fuels Storage for Double Wall Underground Petroleum Storage Tanks
<br />with Resin Specified for Expanded Fuels
<br />Xerxes Corporation ("Xerxes' wan -ants to ("Owner") that our underground storage tanks, if used in accordance with Xerxes' published specifications and operating
<br />guidelines, and if installed in the United States according to Xerxes' published installation instructions and all applicable laws and regulations:
<br />1) Will not fail for a period of thirty (30) years from date of original delivery by Xerxes due to natural external corrosion.
<br />2) Will not fail for a period of thirty (30) years from date of original delivery by Xerxes due to internal corrosion, provided the tank is used solely, with or without tank
<br />water bottoms, to store the following products at temperatures not to exceed 150' F-
<br />a. Gasoline, jet fuel, aviation gasolines, motor oils, motor vehicle waste oils, kerosene, diesel fuels, or fuel oils;
<br />b. Alcohol, alcohol -gasoline blend, and oxygenated motor fuels stored at ambient temperature:
<br />1. Ethanol and Ethanol Blends
<br />• 100% Ethyl Alcohol
<br />• GasohoI (90% gasoline and 10% ethyl alcohol);
<br />2. Methanol and Methanol Blends
<br />• 100% Methyl Alcohol
<br />• M85 (85% Methanol and 15% gasoline)
<br />• Oxinol-501 waiver (905% gasoline and 95% Oxinol-501 comprised of a 4.75% methanol and 4.75% GTBA mixture).
<br />• Dupont EPA waiver (gasoline with 5% methanol and a minimum of 25% cosolvent - the blend may contain a maximum concentration of up to 3.7%,
<br />by weight, oxygen in the final fuel).
<br />3. Other Oxygenated Fuels
<br />• Gasoline with up to 20%, by volume, of methyl tertiary butyl ether (MTBE), ethyl tertiary butyl ether (ETBE), di -isopropyl ether (RIPE), tertiary amyl
<br />methyl ether (TAME), or tertiary amyl ethyl ether (TAEE).
<br />3) Will not fail for a period of thirty (30) years from date of original delivery by Xerxes due to structural failure, (defined as spontaneous breaking or collapse caused
<br />by material defects in materials or workmanship).
<br />4) Will meet Xerxes' published specifications and will be free from material defects in materials, and workmanship for a period of one (1) year following the date of
<br />original delivery by Xerxes.
<br />If any tank is to be removed from an installation, moved to Owner's new location and is intended for active service at the new location, the tank must be recertified by
<br />Xerxes in order to maintain the warranty as originally extended. The foregoing warranty does not extend to tanks damaged due to acts of God or tank failures caused, in whole
<br />or in part, by misuse, improper installation, storage, servicing, maintenance, or operation in excess of their rated capacity or contrary to their recommended use, whether inten-
<br />tional or otherwise, or any other cause or damage of any kind not the fault of Xerxes. Xerxes only warrants repairs or alterations performed by Xerxes or its authorized contrac-
<br />tors. Xerxes does not warrant any product, components or parts manufactured by others.
<br />Owner's sole and exclusive remedy for breach of warranty is limited at Xerxes' option to: (a) repair of the defective tank, (b) delivery of a replacement tank to the point of
<br />original delivery, or (c) refund of the original purchase price. A claimant must give Xerxes the opportunity to observe and inspect the tank prior to removal from the ground or
<br />the claim will be barred. All claims must be made in writing within one (1) year after tank failure or be forever band. THE FOREGOING WARRANTY CONSTITUTES
<br />XERXES' EXCLUSIVE OBLIGATION AND XERXES MAKES NO OTHER WARRANTY OR REPRESENTATION, EXPRESS OR RAPLIED, WITH RESPECT TO THE
<br />TANK OR ANY SERVICE, ADVICE, OR CONSULTATION, IF ANY, FURNISHED TO OWNER BY XERXES OR ITS REPRESENTATIVES, WHETHER AS TO MER-
<br />CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE THE REMEDIES SET FORTH IN THE ABOVE WARRANTY ARE THE ONLY
<br />RIIvIEDIES AVAILABLE TO ANY PERSON OR ENTITY FOR BREACH OF WARRANTY OR FOR BREACH OF ANY OTHER COVENANT, DUTY, OR OBLIGA-
<br />TION ON THE PART OF XERXES. XERXES SHALL HAVE NO LIABILITY OR OBLIGATION TO ANY'PERSON OR ENTITY FOR BREACH OF ANY OTHER
<br />COVENANT, DUTY OR OBLIGATION UNDER THIS WARRANTY EXCEPT AS EXPRESSLY SET FORTH HEREIN. IT IS EXPRESSLY AGREED THAT THIS
<br />WARRANTY DOES NOT FAIL OF ITS ESSENTIAL PURPOSE. XERXES SHALL HAVE NO LIABILITY FOR TANK INSTALLATION OR REMOVAL COSTS,
<br />ENVIRONMENTAL CONTAMINATION, FIRES, EXPLOSIONS OR ANY OTHER CONSEQUENCES ALLEGEDLY ATTRIBUTABLE TO A BREACH OF WARRAN-
<br />TY, OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY DESCRIPTION, WHETHER ANY SUCH CLAIM OR DAMAGES BE BASED UPON
<br />WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE. IN NO EVENT SHALL XERXES' TOTAL LIABILITY HERE-
<br />UNDER EXCEED THE ORIGINAL PURCHASE PRICE OF THE TANK WHICH.GAVE RISE TO SUCH LIABILITY.
<br />uTM Amo Chemical Co.
<br />Effective 6/1/01
<br />
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