Tarmac
Int., Inc.
ASPHALT PLANTS & SOIL REMEDIATION PLANTS
PRODUCTION WARRANTY
Seller warrants the soil plant production to meet
the following production rate table subject to the following criteria:
hydrocarbon contamination in the soil not to exceed 80% of either dryer and/or
oxidizer fuel load, burner fuel to be number 2 fuel oil, natural gas, or liquid
propane, plant operation at 500' elevation or less, soil gradation to be equal
to or less than 30% fine material (sand and less than 100 mesh), 450 C outlet
soil temperature, density of the soil to be equal to or greater than at 85#/ft3,
hydrocarbon contamination in the soil no greater than 3% to 6% by total weight,
and when the plant is erected and operated according to the Seller's
instructions:
MOISTURE LEVEL
PRODUCTION RATE TPH
15% or less
8
Ton-per-hour production rate guarantees are based
on the above criteria, and are not based on soil remediation levels.
This warranty will be in effect for eighteen (18)
months from the plant shipment date and the plant shipment date will be no later
than 14 days from Tender of Delivery date. The Buyer's sole and exclusive remedy
for breach of any warranty or any other obligation of Seller related to the sale
of equipment hereunder shall be the right to require the Seller to repair or
replace the defective equipment.
Buyer will pay the cost of disassembling and returning any defective equipment
to a place to be designated by the Seller for such repair or replacement. In the event that repair or
replacement fails of its essential purpose and after the Seller is given a
reasonable opportunity to cure, then the Buyers sole and exclusive remedy shall
be the right to recover the amount paid to the Seller for the defective
equipment, less any prior warranty allowance given and the reasonable value of
any use made of the equipment by the Buyer. (See Section 8. Limitations of
Remedies).
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