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API 510 In-Service Inspection Report r <br /> for m m m m M <br /> Pacific Ethanol HMT Inspection <br /> Vessel No. VS-6104 August 6,2013 and January 9,2014 <br /> Stockton, CA Page 15 of 29 <br /> 8.0 WARRANTY <br /> WARRANTY <br /> HMT Inspection, a division of HMT Inc. has evaluated the condition of this vessel based <br /> on the observations and measurements made by the HMT Inspection Inspector. While <br /> our evaluation accurately describes the condition of the vessel at the time of inspection, <br /> the vessel owner l operator must independently assess the inspection information 1 <br /> report provided by HMT Inspection and any conclusions reached by the vessel owner 1 <br /> operator and any action taken or omitted to be taken are the sole responsibility of the <br /> owner f operator. With respect to inspection and testing, HMT Inspection warrants only <br /> that the services have been performed in accordance with accepted industry practice. If <br /> any such services fail to meet the foregoing warranty, HMT Inspection shall re-perform <br /> the 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 vessel 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 /> RIE" EIVED <br /> U, <br /> AUG 14 2014 <br /> NDERPTNE.00T REV 2 - 23262868 Tank VS-6104r(Rev 1) E „'I R�1� llfk HEALTH <br /> 'vV DEPARTMENT <br />