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Caliber Inspection has evaluated the condition of this tank based on the observations and measurements made by the tank <br /> Inspector. While our evaluation accurately describes the condition of the tank at the time of inspection, the tank owner/operator <br /> must independently assess the inspection information/report provided by Caliber Inspection and any conclusions reached by the <br /> tank owner/operator and any action taken or omitted to be taken are the sole responsibility of the owner/operator. With respect to <br /> inspection and testing, Caliber Inspection 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, Caliber Inspection shall re-perform the service to the <br /> 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 of defect in materials or services,whether <br /> such claim is made in contract or tort(including negligence)and however instituted,and, upon expiration of the warranty period,all <br /> such liability shall terminate. The foregoing warranty is exclusive and in lieu of all other warranties,whether written,oral,implied or <br /> statutory. NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE SHALL APPLY, nor shall Caliber <br /> Inspection be liable for any loss or damage whatsoever by reason of its failure to discover, report, repair or modify latent defects or <br /> defects inherent in the design of any tank inspected. In no event,whether a result of breach of contract,warranty or tort(including <br /> negligence)shall Caliber Inspection be liable for any consequential or incidental damages including, but not limited to, loss of profit <br /> or revenues, loss of use of equipment tested or services by Caliber Inspection or any associated damage to facilities, down-time <br /> costs or claims of other damages. <br />