Laserfiche WebLink
• API 653 In-Service Inspection Report <br /> for <br /> Pacific Ethanol HMT Inspection <br /> Tank No. T-6101 August 6,2013 <br /> Stockton, CA Page 34 of as <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. <br /> While our evaluation accurately describes the condition of the tank at the time of <br /> inspection, the tank owner / operator must independently assess the inspection <br /> information / report provided by HMT Inspection and any conclusions reached by the <br /> tank owner / operator and any action taken or omitted to be taken are the sole <br /> responsibility of the owner / operator. With respect to inspection and testing, HMT <br /> Inspection warrants only that the services have been performed in accordance with <br /> accepted industry practice. If any such services fail to meet the foregoing warranty, <br /> HMT Inspection shall re-perform the service to the same extent and on the same <br /> 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 /> RECPA <br /> V <br /> AUG 14 2014 <br /> ENVIRONMENTAL HEALTH <br /> DEPARTMENT <br /> • <br /> APIRPTNE.00T REV 2 2326286886101 r(2) 1012@0138:10 AM <br />