Laserfiche WebLink
API 653 Out-of-Service Inspection Report M bh- <br /> for � <br /> Inspection <br /> J.R. Simplot <br /> Tank No. 8 August 27-28,2008 <br /> Lathrop, CA Page 34 of 54 <br /> 8.0 WARRANTY <br /> WARRANTY <br /> HMT Inspection, a division of HMT Inc. has evaluated the condition of this tank based on <br /> the observations and measurements made by the HMT Inspection tank Inspector. While <br /> our evaluation accurately describes the condition of the tank at the time of inspection, <br /> the tank owner 1 operator must independently assess the inspection information 1 report <br /> provided by HMT Inspection and any conclusions reached by the tank owner 1 operator <br /> and any action taken or omitted to be taken are the sole responsibility of the owner 1 <br /> operator. With respect to inspection and testing, HMT Inspection warrants only that the <br /> services have been performed in accordance with accepted industry practice. If any <br /> such services fail to meet the foregoing warranty, HMT Inspection shall re-perform the <br /> service to the same extent and on the same conditions as the original service. <br /> The preceding paragraph sets forth the exclusive remedy for claims based on failure or <br /> of defect in materials or services, whether such claim is made in contract or tort <br /> (including negligence) and however instituted, and, upon expiration of the warranty <br /> period, all such liability shall terminate. The foregoing warranty is exclusive and in lieu of <br /> all other warranties, whether written, oral, implied or statutory. NO IMPLIED <br /> WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE SHALL APPLY, <br /> nor shall HMT Inspection be liable for any loss or damage whatsoever by reason of its <br /> failure to discover, report, repair or modify latent defects or defects inherent in the design <br /> of any tank inspected. In no event, whether a result of breach of contract, warranty or <br /> tort (including negligence) shall HMT Inspection be liable for any consequential or <br /> incidental damages including, but not limited to, loss of profit or revenues, loss of use of <br /> equipment tested or services by HMT Inspection or any associated damage to facilities, <br /> down-time costs or claims of other damages. <br /> APiRPTNE.00T REV 2 2626030418r.doe 912511008 10:09 AM <br />