Schedule D
Limited Warranty
- Limited Warranty. With respect to all Stainless Steel vessels and/or tanks that are manufactured by Deutsche pursuant to this Agreement and included in the Equipment, Deutsche warrants that the same shall be free from defects in material and workmanship and shall perform and operate substantially in accordance with the specifications applicable to such vessels and/or tanks for a period of two (2) years from the date of manufacture. Deutsche shall cover the costs of all parts and shipping required to remedy any defects covered by the foregoing warranty. In addition, to the extent passable, Deutsche shall pass to Buyer any manufacturer’s warranty on any Equipment that is not Stainless Steel vessels and/or tanks manufactured by Deutsche that is provided to Buyer under this Agreement, including, without limitation, motors, chillers, heaters, and other original equipment manufacturer parts (collectively, “Ancillary Equipment”). The foregoing warranties are collectively referred to herein as the “Limited Warranty”.
The Limited Warranty shall be limited to the repair or replacement, at Deutsche’s sole option, on any Stainless Steel vessels and/or tanks manufactured by Deutsche and deemed to be defective upon reasonable inspection from Deutsche’s representative. Buyer is responsible for normal maintenance of the Equipment. Warranty repairs shall be commenced after Buyer gives Deutsche written notice of defect and Deutsche acknowledges the defect in accordance with this Schedule D.
If Buyer makes any claim under this Limited Warranty, Deutsche shall have the right to inspect the Equipment and related infrastructure so as to verify and validate Buyer’s warranty claim.
- The Limited Warranty expressly excludes the following: (i) all defects or damages to any Equipment which have occurred due to improper handling, operating errors, lack of or improper maintenance, unspecified environmental conditions or unusual production methods; (ii) damage caused by Buyer’s negligence, neglect, improper cleaning, accident, abuse, freezing, or heating; (iii) defects which result from repairs or modifications of any Equipment by Buyer or a third party without Deutsche’s prior express written consent; (iv) ordinary wear and tear; (v) finishes to the Equipment; (vi) any liability for any interruption of service, consequential damages, lost profits, product loss, work, services, or parts supplied by third parties; and (vii) any other defects or damages to any Equipment not caused by Deutsche.
- Avoidance of Limited Warranty. Non ASME / TUV / CE tanks manufactured by Deutsche for pressure vessels have been designed to be operated at pressures not to exceed fifteen (15) pounds per square inch (“PSI”) (1 Bar). Buyer acknowledges that operation of any portion of these tanks that exceeds fifteen (15) PSI (1 Bar) shall void the Limited Warranty. Buyer acknowledges that any operation of the tanks outside of the specified parameters determined by ASME (including, without limitation, maximum pressure limitations and specific usage requirements) shall void the Limited Warranty.
In addition, Buyer agrees and acknowledges that if, at any time: (i) Buyer fails to make payments in accordance with Schedule B; (ii) Buyer is otherwise delinquent in paying any amounts due and owing to Deutsche hereunder; (iii) the Ancillary Equipment does not perform in accordance with the manufacturer’s specifications; or (iv) Buyer fails to maintain current records regarding all maintenance and servicing conducted on the Equipment (and provide a copy of the same within thirty (30) days of Deutsche’s written request therefor, if so requested), the Limited Warranty shall immediately become void.
- Inspection of Warranty Certification. During the commissioning of the Equipment, Deutsche or a Deutsche Representative shall have the option, in its sole discretion, to inspect the Buyer’s compliance with the EMP Standards and the ancillary equipment related to the operation of the Equipment, but which has not supplied by or through Deutsche (the “Inspection”). Buyer shall make its location and the Equipment available for the Inspection and shall not delay, impede, or otherwise hinder or prevent Deutsche from conducting the same. If, as a result of the Inspection, Deutsche determines, in its sole and absolute discretion, that Buyer has not satisfied the EMP Standards or standards relating to ancillary equipment not supplied by or through Deutsche, Deutsche shall promptly provide written notice to Buyer that states the corrective actions that Buyer must take to ensure compliance with such standards. Buyer’s failure to comply in all material respects with the requirements of such notice within the period provided for therein shall automatically void this Limited Warranty, and Deutsche shall have the right to conduct a subsequent Inspection to ensure compliance therewith. Third party inspections or certifications on Equipment mandated by local code administrations can be facilitated by Deutsche at Buyer’s sole expense.
- Other Matters. If there are concerns on the quality, production, operation, or performance of the Equipment, a Deutsche Representative will come onsite to Buyer’s location and discuss concerns with At that time a compromised agreement shall be reached between Deutsche and Buyer on how to address these concerns. For clarification purposes and the avoidance of doubt, any such concerns shall not be grounds for the withholding of any payments or any other amounts due hereunder, and should Buyer proceed to do so, the same shall constitute an Event of Default in accordance with Section 22(a) of the Agreement.
- Except as described above, there are no warranties which extend beyond the description on the face hereof. All implied warranties of merchantability and of fitness for a particular purpose are excluded. Buyer acknowledges that, except as described above, Deutsche has not made and does not hereby make, any representation or warranty, express or implied, with respect to the title, merchantability, condition, quality, description, durability, or suitability of any of the equipment. Deutsche’s liability for any warranty claim shall be limited by the exclusions of damages and limitations of liability contained in section 17 of the agreement.
