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LIMITED WARRANTY
<br /> Underground Petroleum Storage Tanks
<br /> ZCL Composites,a division of Shawcor Ltd.,("ZCL Composites")warrants to owner("Owner')that our underground petroleum storage tanks,if installed,used,and maintained in
<br /> Canada or the United States in accordance with ZCL Composites'published specifications,installation instructions and operating guidelines,applicable supplemental materials,all applicable
<br /> laws and regulations,and limited to storage of the products listed below at ambient temperatures or fuel oils,used in oil burning equipment,at temperatures not to exceed 1 50'F(65'C):
<br /> 1) Will not fail for a period of thirty(30)years from date of original delivery by ZCL Composites due to natural external corrosion.
<br /> 2) Will not fail for a period of thirty(30)years from date of original delivery by ZCL Composites due to internal corrosion,provided the tank is used solely,with or without tank water
<br /> bottoms,to store the following products:
<br /> a. gasoline,jet fuel,aviation fuels,motor oils,motor vehicle waste oils,kerosene,diesel fuel,or fuel oils
<br /> gasoline with up to 20%,by volume,of methyl tertiary butyl ether(MTBE),ethyl tertiary butyl ether(ETBE),di-isopropyl ether(DIPE),tertiary butyl alcohol(TBA),
<br /> tertiary amyl methyl ether(TAME),or tertiary amyl ethyl ether(TAEE)
<br /> b. gasoline and ethanol blended motor fuels(per applicable ASTM fuel standards)
<br /> El 0(90%gasoline and 10%ethanol)
<br /> El 5(85%gasoline and 15%ethanol)
<br /> E85(85%ethanol and 15%gasoline)
<br /> other ethanol blends up to and including 100%ethanol
<br /> C. gasoline and methanol blended motor fuels(per applicable ASTM fuel standards)
<br /> M85(85%methanol and 15%gasoline)
<br /> other methanol blends up to and including 100%methanol
<br /> Oxinol-50 waiver(90.5%gasoline and 9.5%Oxinol-50 comprised of a 4.75%methanol and 4.75%gasoline-grade tertiary butyl alcohol(GTBA)mixture)
<br /> Dupont EPA waiver(gasoline with 5%methanol and a minimum of 2.5%cosolvent—the blend may contain a maximum concentration of up to 3.7%,by weight,oxygen
<br /> in the final fuel)
<br /> d. biodiesel fuel blends up to 100%biodiesel(per applicable ASTM fuel standards)
<br /> 3) Will not fail for a period of thirty(30)years from date of original delivery by ZCL Composites due to structural failure(defined as spontaneous breaking or collapse caused by
<br /> material defects in materials or workmanship).
<br /> 4) Will meet ZCL Composites's published specifications and will be free of material defects in materials and workmanship for a period of one(1)year following the date of original
<br /> delivery by ZCL Composites.
<br /> ZCL Composites warrants to Owner that all ZCL Composites-manufactured tank accessories,if installed,used and maintained in Canada or the United States in accordance with ZCL
<br /> Composites'published specifications,installation instructions and operating guidelines,applicable supplemental materials,and all applicable laws and regulations,will be free ofmaterial
<br /> defects in materials and workmanship for a period of one(1)year following the date of original delivery by ZCL Composites.
<br /> If any tank or accessory is to be removed from an installation,moved and reinstalled at Owner's new location and is intended for active service at the new location,the tank and
<br /> accessories must be recertified by ZCL Composites to continue the balance of the limited warranty as originally extended.
<br /> The foregoing limited warranty does not extend to tanks or accessories("individually and collectively Goods")damaged due to acts of God,war,terrorism,or failure of Goods caused,
<br /> in whole or in part,by misuse,unlawful use,improper installation,storage,servicing or maintenance,or operation in excess of their rated capacity or contrary to their recommended use,
<br /> whether intentional or otherwise,or any other cause or damage of any kind not the fault of ZCL Composites.ZCL Composites only warrants repairs or alterations performed by ZCL
<br /> Composites or its authorized contractors performing work authorized in advance,in writing,by ZCL Composites.ZCL Composites does not warrant any product,components or parts
<br /> manufactured by others.All consumable components including but not limited to o-rings and gaskets are excluded from this limited warranty.
<br /> Owner's sole and exclusive remedy for breach of warranty is limited at ZCL Composites'option to:(a)repair of the defective tank or accessory,(b)delivery of a replacement tank or
<br /> accessory to the point of original delivery,or(c)refund of the original purchase price.No warranty claim will be considered without removing the tank and any accessory from the ground if
<br /> ZCL Composites deems it necessary to evaluate a warranty claim.In the event of a breach of warranty claim,a claimant must give ZCL Composites the opportunity to observe and inspect
<br /> the installation prior to the removal of any backfill below the tank top,and the removal of the tank and any accessory from the ground,or the claim will be forever barred.All claims must be
<br /> made in writing within one(1)year after tank or accessory failure or be forever barred.ALL RIGHTS,OBLIGATIONS AND CLAIMS UNDER THIS LIMITED WARRANTY SHALL BE
<br /> EXCLUSIVELY MADE AND DETERMINED IN THE COURTS OF,AND GOVERNED BY THE LAWS OF,THE PROVINCE OF ALBERTA,CANADA,AND THE FEDERAL LAWS OF
<br /> CANADA APPLICABLE THEREIN,WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES.
<br /> LIMITATION OF WARRANTY
<br /> THE FOREGOING LIMITED WARRANTY AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,CONDITIONS AND REMEDIES WHETHER WRITTEN,
<br /> ORAL,IMPLIED OR STATUTORY.SELLER(ZCL COMPOSITES)MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND.ALL OTHER WARRANTIES OR
<br /> CONDITIONS,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO,IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
<br /> PURPOSE ARE HEREBY DISCLAIMED.CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AGAINST SELLER WHETHER BASED UPON WARRANTY,STATUTE,CONTRACT,TORT
<br /> (INCLUDING NEGLIGENCE AND STRICT LIABILITY),INDEMNITY OR ANY OTHER BASIS,WILL BE LIMITED TO THE RIGHTS OF CUSTOMER UNDER THIS LIMITED WARRANTY.
<br /> LIMITATION OF LIABILITY
<br /> WITHOUT IN ANY WAY LIMITING THE TERMS AND CONDITIONS OF THE WARRANTY SECTION ABOVE,WHICH LIMIT THE REMEDIES OF CUSTOMER TO THOSE
<br /> CONTAINED IN THE LIMITED WARRANTY,CUSTOMER AND SELLER FURTHER AGREE THAT:IN NO EVENT SHALL SELLER'S TOTAL LIABILITY EXCEED THE PURCHASE PRICE
<br /> OF THE GOODS WHICH GIVE RISE TO ANY CLAIM;AND SELLER SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL,INCIDENTAL,
<br /> SPECIAL,EXEMPLARY,PUNITIVE,AGGRAVATED OR ANY OTHER INDIRECT DAMAGES,INCLUDING BY WAY OF EXAMPLE AND NOT LIMITATION,DAMAGES RESULTING
<br /> FROM LOSS OF USE,LOST PROFITS OR REVENUE,INTEREST,LOST GOODWILL,WORK STOPPAGE,SHUTDOWN OR NONOPERATION,SERVICE INTERRUPTION SUFFERED
<br /> BY CUSTOMER OR CUSTOMER'S CUSTOMER,IMPAIRMENT OF OTHER GOODS,INCREASED EXPENSES OF OPERATION,COST OF PURCHASE OF REPLACEMENT
<br /> EQUIPMENT,PARTS OR PRODUCTS,COST OF INSTALLATION OR REMOVAL OF GOODS,FIRES,EXPLOSIONS,OR ENVIRONMENTAL CONTAMINATION,WHETHER SUCH
<br /> CLAIMS ARE BASED UPON WARRANTY,STATUTE,CONTRACT,TORT(INCLUDING NEGLIGENCE AND STRICT LIABILITY),INDEMNITY,OR ANY OTHER BASIS,EVEN IF
<br /> SELLER IS ADVISED OF THE POSSIBILITY OF THE SAME IN ADVANCE.
<br /> Oxinol�is a trademark of Atlantic Richfield Company
<br /> ZCL'1 is a registered trademark of Shawcor Ltd.
<br /> ASTM"and ASTM INTERNATIONAL"are trademarks of the American Society for Testing and Materials
<br /> Effective:April 2,2019
<br /> L
<br /> COMPOSITES
<br /> A division of Shawcar Ltd.
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