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Limited Warranty
<br />Double-Wall and Single-Wall Storage Tanks for Petroleum or Alcohol Fuels
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<br />Xerxes Corporation ("Xerxes") warrants to owner ("Owner") that our double-wall and single-wall underground storage tanks, if installed, used,
<br />and maintained in the United States or Canada in accordance with Xerxes published specifications, installation instructions and operating guide-
<br />lines, 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
<br />or without tank water bottoms), to store the following products at ambient temperature, or fuel oils at temperatures not to exceed 150° F (65° C):
<br />a. gasoline, jet fuel, aviation gasolines, motor oils, motor vehicle waste oils, kerosene, diesel fuels, or fuel oils
<br />b. alcohol, alcohol-gasoline blends, and oxygenated motor fuels
<br />1. ethanol and ethanol blends
<br />• 100% ethanol
<br />• El 0 (90% gasoline and 10% ethanol)
<br />• E85 (85% ethanol and 15% gasoline)
<br />2. methanol and methanol blends
<br />• 100% methanol
<br />• M85 (85% methanol and 15% gasoline)
<br />• Oxino1-50' waiver (90.5% gasoline and 9.5% Oxino1-50' comprised of a 4.75% methanol and 4.75% GTBA mixture)
<br />• Dupont EPA waiver (gasoline with 5% methanol and a minimum of 2.5% cosolvent — the blend may contain a maximum
<br />concentration of up to 3.7%, 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
<br />(DIPE), tertiary amyl methyl ether (TAME), or tertiary amyl ethyl ether (TAEE)
<br />c. biodiesel fuel as defined by:
<br />1. ASTM®2 D975-08a (diesel fuel oils)
<br />2. ASTMe2 D396-08b (fuel oils)
<br />3. ASTM®2 D7467-08 (diesel fuel oil and biodiesel blend (B6-20))
<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
<br />collapse caused by material defects in materials or workmanship).
<br />4) Will meet Xerxes' published specifications and will be free of material defects in materials and workmanship for a period of one (1) year
<br />following the date of 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
<br />must be recertified by Xerxes in order to maintain the limited warranty as originally extended.
<br />Xerxes warrants to Owner that all Xerxes manufactured tank accessories, if installed, used and maintained in the United States or Canada in accor-
<br />dance with Xerxes' published specifications, installation instructions and operating guidelines, and all applicable laws and regulations, will be free from
<br />material defects in materials and workmanship for a period of one (1) year following the date of original delivery by Xerxes.
<br />The foregoing limited warranty does not extend to tanks or accessories (collectively "Goods") damaged due to acts of God, war, terrorism, or failure
<br />of Goods caused, in whole or in part, by misuse, unlawful use, improper installation, storage, servicing, maintenance, or operation in excess of their
<br />rated capacity or contrary to their recommended use, whether intentional or otherwise, or any other cause or damage of any kind not the fault of
<br />Xerxes. Xerxes only warrants repairs or alterations performed by Xerxes or its authorized contractors. Xerxes does not warrant any product, compo-
<br />nents 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 or accessory, (b) delivery of
<br />a replacement tank or accessory, to the point of original delivery, or (c) refund of the original purchase price. In the event of a breach of warranty
<br />claim, a claimant must give Xerxes the opportunity to observe and inspect the installation prior to the removal of any backfill below the tank top, and
<br />the removal of the tank and any accessory from the ground, or the claim will be forever barred. All claims must be made in writing within one (1) year
<br />after tank and/or accessory failure or be forever barred.
<br />THE FOREGOING LIMITED WARRANTY CONSTITUTES XERXES' EXCLUSIVE OBLIGATION AND XERXES MAKES NO OTHER WARRANTY OR REPRE-
<br />SENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE TANK, ACCESSORY OR ANY SERVICE, ADVICE, OR CONSULTATION, IF ANY, FURNISHED TO
<br />OWNER BY XERXES OR ITS REPRESENTATIVES, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. THE
<br />SELLER (XERXES) UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE GOODS, EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT. THE
<br />SELLER (XERXES) ASSUMES NO RESPONSIBILITY THAT THE GOODS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU (OWNER) MAY BE
<br />BUYING THESE GOODS, EXCEPT AS OTHERWISE PROVIDED IN THE CONTRACT. THE REMEDIES SET FORTH IN THE ABOVE LIMITED WARRANTY ARE
<br />THE ONLY REMEDIES AVAILABLE TO ANY PERSON OR ENTITY FOR BREACH OF WARRANTY OR FOR BREACH OF ANY OTHER COVENANT, DUTY, OR
<br />OBLIGATION 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 LIMITED WARRANTY EXCEPT AS EXPRESSLY SET FORTH HEREIN. IT IS EXPRESSLY AGREED THAT THIS
<br />LIMITED WARRANTY DOES NOT FAIL OF ITS ESSENTIAL PURPOSE. XERXES SHALL HAVE NO LIABILITY FOR COSTS OF INSTALLATION OR REMOVAL OF
<br />GOODS, ENVIRONMENTAL CONTAMINATION, FIRES, EXPLOSIONS, OR ANY OTHER CONSEQUENCES ALLEGEDLY ATTRIBUTABLE TO A BREACH OF
<br />WARRANTY, OR INCIDENTAL, CONSEQUENTIAL PUNITIVE OR OTHER DAMAGES OF ANY DESCRIPTION, WHETHER ANY SUCH CLAIM OR DAMAGES
<br />BE BASED UPON WARRANTY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE. IN NO EVENT SHALL XERXES' TOTAL LIA-
<br />BILITY HEREUNDER EXCEED THE ORIGINAL PURCHASE PRICE OF THE GOODS WHICH GAVE RISE TO SUCH LIABILITY.
<br />Consumer Notice: This limited warranty gives you (Owner) specific legal rights. You (Owner) may also have other rights which vary from state to state.
<br />TM Arco Chemical Co.
<br />ASTM° and ASTM INTERNATIONAL ° are trademarks owned by the American Society for Testing and Materials, a non-profit corporation, and are used
<br />here for reference.
<br />Xerxes® Corporation Effective: : 2/15/09
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