OXIDIZER WARRANTY
Seller warrants the soil remediation oxidizer to
oxidize hydrocarbons released from the soil while in the dryer, to 99% or
greater destruction, when operated at listed production rates and operating
criteria, as defined on pages one and two of this proposal, when erected and
operated according to the Seller's instructions, and with tuned and efficiently
running dryer/oxidizer burners. 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).
ADDITIONAL REQUIREMENTS TO BE PROVIDED BY THE
CUSTOMER
1. All state and local engineering approvals and certificates
2. Taxes and duties
3. Labor and materials for installation, unless purchased
4. Freight costs from point of origin
5. Permits for air, construction, and others for operation of the plant.
6. Site preparation, including support (compacted soil) for equipment frames
7. Electrical power wire to the main disconnect
8. Local to the equipment electrical disconnects (stop controls at individual
pieces of equipment) if required
9. Lubricating grease and oil
10. Equipment to equipment interconnecting fuel piping, fuel storage, propane
low flame fuel and
piping
11. Water pressure and supply for soil conditioner
11. Start-up/calibration service for: dryer burner, compressor, unless purchased
12. Equipment, cranes, man lifts, and general
tools for installation of equipment
13. Properly sized transformer from main power
14. External main electrical disconnect (if locally required)
15. Continuous Emission Monitoring Equipment on the stack.
16. Any service or item not part of this contract
17. Radial stacking conveyor after the soil conditioner