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Limited Warranty
<br /> Double-Wall and Single-Wall Storage Tanks for Petroleum or Alcohol Fuels
<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 /> •E10(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 /> •Oxinol-50'waiver(90.5%gasoline and 9.5%Oxinol-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.ASTM02 D975-08a(diesel fuel oils)
<br /> 2.ASTM`2 D396-08b(fuel oils) _
<br /> 3.ASTM® D7467-08(diesel fuel oil and biodiesel blend(136-20))
<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 /> daim,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 UA- —
<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 /> 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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