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Used Oil Storage Tank/ Containment Integrity <br /> Report mm M <br /> for HMT Inspection <br /> Pape Machinery, Inc. May 5,2015 <br /> French Camp, CA Page 24 of 41 <br /> 8.0 WARRANTY <br /> WARRANTY <br /> HMT Inspection, a division of HMT LLC ("HMT') has evaluated the condition of this tank <br /> based on the observations and measurements made by the HMT Tank Inspector and <br /> within API 653 guidelines. While our evaluation accurately describes the condition of the <br /> tank at the time of inspection, the tank owner / operator must independently assess the <br /> inspection information / report provided by HMT 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 /> warrants only that the services have been performed in accordance with accepted <br /> industry practice. If any such services fail to meet the foregoing warranty, HMT shall re- <br /> perform the service to the same extent and on the same conditions as the original <br /> 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 be liable for any loss or damage whatsoever by reason of its failure to <br /> discover, report, repair or modify latent defects or defects inherent in the design of any <br /> tank inspected. In no event, whether a result of breach of contract, warranty or tort <br /> (including negligence) shall HMT be liable for any consequential or incidental damages <br /> including, but not limited to, loss of profit or revenues, loss of use of equipment tested or <br /> services by HMT or any associated damage to facilities, down-time costs or claims of <br /> other damages. <br /> NDTRPTNE.DOT REV 2 232-63333 Pape Machinery CA DTSC Used Oil Tank report rev2 5/15/2015 4:26 PM <br />