Environmental Protection, Inc. (EPI), warrants that the factory seams of the liner material shown on the reverse of this proposal, if installed in accordance with the manufacturer's specifications and recommendations, shall be free from defects for a period of one (1) year.

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The material is warranted by the manufacturer. The manufacturer's warranty shall be the only warranty applying to the material. The warranty of EPI of the seams shall be limited to confinement of an aqueous effluent rated as "excellent" or "A" as set forth in the chemical compatibility list published by the liner material manufacturer.

 

This warranty is subject to the following:

 

1. During the period of the one (1) year of which this warranty applies, an earthen cover shall be maintained on top of the liner at all times. The maximum effluent temperature shall not exceed 100°F and the Ph of the effluent shall be maintained between 5 and 9.

 

2. This warranty shall not cover damage caused by mechanical, physical or other external forces caused by persons or entities other than EPI or

damage caused by solutions of greater concentrations than the chemicals as defined above, excessive pressure or stress from any sources or acts of God, casualty or catastrophe, such as, but not limited to, floating debris, insects and animals.

 

3. This warranty is conditioned upon (a) normal use and service of the liner for the purpose and in the manner for which it is designed and manufactured; (b) installation of the liner on preconsolidated soil free of sharp protrusions, (c) proper seaming and installation of the liner material, and (d) payment in full for all materials and service.

 

Deviation from any of these conditions shall void this warranty.

 

EPI guarantees to replace or repair, at its option, defective factory seams caused by poor workmanship for up to one (1) year after the date of the invoice. This warranty is limited to the repair or replacement of the affected membrane area and does not include the cost of earthwork or other activities not originally performed by EPI. IN NO EVENT SHALL EPI'S LIABILITY EXCEED THE ORIGINAL SELLING PRICE OF THE DEFECTIVE AREA OF THE LINER.

 

To enable EPI's technical staff to properly determine the cause of any alleged defect and to take appropriate steps to effect timely corrective measures if such defect is within the warranty, any claim for alleged breach of warranty must be made and presented to EPI within thirty (30) days after the alleged defect was first noticed or all warranties will be deemed to have been waived by the buyer.

 

During the warranty period, EPI reserves the right to have one or more of its representatives visit (with or without giving prior notice) the site at which its material(s) are being utilized to observe the site preparation, liner installation, emplacement of cover material(s) and/or factory and field seams.

 

THERE ARE NO WARRANTIES GIVEN BY EPI WITH RESPECT TO THE MATERIAL OR INSTALLATION COVERED HEREBY,

OTHER THAN THOSE SPECIFICALLY DESCRIBED HEREIN. THOSE WARRANTIES ARE IN THE PLACE AND STEAD OF THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE. IN NO EVENT SHALL EPI BE LIABLE FOR ANY

SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR, RESULTING FROM, OR IN CONNECTION WITH, ANY BREACH OF

WARRANTY OR ANY LOSS RESULTING FROM USE OF THE LINER BY BUYER. EPI DOES NOT ASSUME NOR AUTHORIZE ANY

PERSON TO ASSUME FOR IT ANY OTHER OR ADDITIONAL LIABILITY OF ANY KIND IN CONNECTION WITH THE SALE OF THE

LINER TO THE BUYER OR BUYER'S USE OF THE LINER.