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^AV <br />Me - <br />Ag <br />PF W <br />C - <br />kw, 4 <br />AMA <br />_J& XE41D <br />X >4 <br />p <br />WAR."RXAN".["Y <br />A1.1 <br />AW <br />Petroleum or Alcohol Fuels Storage <br />Double Wall Underground Petroleum Storage Tank <br />With Resin Specified For Expanded Fuels <br />Xerxes Corporation warrants that Xerxes underground storage tanks, if used in accordance with its speci- <br />fications, are U.L. listed, and installed according to Xerxes published installation instructions: <br />(1) Will not fail for a period of thirty (30) years from date of original purchase due to external corrosion. <br />, to (2) Will not fail for a period of thirty (30) years from date of original purchase due to internal corrosion, <br />provided the tank is used solely for motor fuels with or without tank water bottoms lwz. for gasoline; gasohol <br />(90% gasoline/10% ethanol mixture); 90.5% gasoline and 9.5% Oxinol-50* (4.75% methanol and 4.75% <br />GTBA mixture); Dupont EPA waiver (gasoline with 5% methanol and a minimum of 2.5% cosolvent—the`1 <br />blend may contain a maximum concentration of up to 3.7 weight percent oxygen in the final fuel); MTBE <br />(methyl tertiary butyl ether)—gasoline with up to 20%, by volume, of MTBE; gasoline/water/ethanol or <br />methanol blend motor fuels including neat or near neat methanol' or ethanol fuels at ambient temper- <br />atures; jet fuel; av-gas; kerosene; diesel fuel; new or used motor oil; potable water at ambient under - <br />31 <br />ground temperatures; or used for fuel oil at temperatures not to exceed 150'F <br />(3) Will not fail for a period of thirty (30) years from date of original purchase due to structural failure <br />',40 (defined as breaking or collapse) provided the installation is performed and validated by a qualified <br />installation contractor, installed in the United States, and the tank is used as stated above. <br />(4) Will meet Xerxes published specifications and will be free from material defects in materials and work- <br />manship for a period of one (1) year following date of original delivery by Xerxes. <br />If any tank(s) is to be removed from an installation, moved to another location and is intended for active <br />service at a new location, the tank(s) must be recertified by Xerxes in order to maintain the warranty as <br />originally extended. The foregoing warranties do not extend to tank failures caused by earthquakes, hydro- <br />logical or geological changes or other extraordinary natural forces which may act upon the Products. <br />Xerxes' liability under this warranty shall be limited to, at Xerxes' option, (a) repair of the defective product, <br />(b) delivery of a replacement product to the point of original delivery, or (c) refund of the original purchase <br />price. A claimant must give Xerxes the opportunity to observe and inspect the tank prior to removal from the <br />ground or the claim will be barred. All claims must be made in writing within one year after tank failure or be <br />c <br />forever barred. THE FOREGOING WARRANTY CONSTITUTES XERXES EXCLUSIVE OBLIGATION AND XERXES <br />MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT OR <br />'Ito <br />F <br />ANY SERVICE, ADVICE, OR CONSULTATION, IF ANY, FURNISHED TO CUSTOMER BY XERXES OR ITS REPRE- <br />SENTATIVES, WHETHERAS TO MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, OR OTHERWISE. <br />THE REMEDIES SET FORTH IN THE ABOVE WARRANTY ARE THE ONLY REMEDIES AVAILABLE TO ANY PER- <br />SON FOR BREACH OF THE WARRANTY OR FOR BREACH OF ANY OTHER COVENANT, DUTY, OR OBLIGATION <br />ON THE PART OF XERXES HEREUNDER. XERXES SHALL HAVE NO LIABILITY FOR INCIDENTAL, CONSE- <br />QUENTIAL OR PUNITIVE DAMAGES OF ANY DESCRIPTION, WHETHER ANY SUCH CLAIM BE BASED UPON <br />WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE. <br />1 pz&471 'This includes the 85% methanol blend commonly referred to as M85. <br />'TM Arc, Chemical Co. Effective 6/1/89 <br />law C LA &%eAJ4,K_ Olin, <br />4-1 -To <br />CORPORATION etA PU_AZXXeA T*"" <br />CORPORATE OFFICE/7901 XERXES AVENUE SOUTH, MINNEAPOLIS, MN 55431-1253 (612) 887-1890 <br />N1 k, M1 <br />J <br />ICU 3 X XS3XI <br />mllj -z Wv; ZZA'AZ= <br />