Powerhouse Exhaust Gas Waste Heat to Energy Project

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Powerhouse Exhaust Gas Waste Heat to Energy Project ( powerhouse-exhaust-gas-waste-heat-energy-project )

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LIMITED WARRANTY AND PERFORMANCE GUARANTEE Bul. 25500 LIMITED WARRANTY AND PERFORMANCE GUARANTEE Cain Industries, Inc. warrants all products manufactured to be free from defects in material or workmanship under normal use and conditions for a period of one year from the date of startup or 18 months from date of shipment from our factory whichever occurs first. Cain Industries liability under this warranty to the buyer shall be limited to Cain's decision to repair or replace, all its factory items deemed defective after inspection at the factory or in the field. When field service is deemed necessary in order to determine a warranty claim, the costs associated with travel, lodging, etc. shall be the responsibility of the buyer except under prior agree- ment for a field inspection. All warranty claim requests must be initiated with a Material Return Authorization (MRA) number for processing and tracking purposes. The MRA number shall be issued to the buyer upon Cain’s receipt of a purchase order for replacement component(s) required immediately and prior to warranty claim approval and/or a field inspection. No agent or employee of Cain Industries, Inc. has any authority to make verbal representation or warranty of any goods manufactured and sold by Cain Industries, Inc. without written authorization signed by an executive officer of Cain Industries, Inc. Cain Industries, Inc. warrants the equipment designed and fabricated to perform in accordance with the specifications as stated in the propos- al for the equipment, and while the equipment is in new and clean condition and properly operated within the specific design limits for that equipment. Should any piece of equipment designed by Cain Industries, Inc. not meet performance requirements when determined by standard test procedures, Cain will make correc- tions it deems necessary at its option under the limitations of this warranty. Any alterations or repair of Cain equipment by personnel other than those directly employed by Cain shall void this warranty unless otherwise stated under a specific written guideline issued by Cain Industries to the buyer. The ESG1 and ESG boiler startup must be completed by authorized Cain personnel to allow the warranty to take effect unless otherwise stated in a written agreement issued by Cain Industries to the buyer. This warranty does not cover damage resulting from misapplying Cain Industries products and/or improper installation. This warranty does not cover corrosion resulting from the effects of physical or chemical properties of water, steam or the liquids or gases used in the equipment. This warranty does not cover damage resulting from combustion source back- fires or explosions which exceed Cain Industries product specific maximum design pressure and/or when explosion hatches are not properly installed where required. This warranty does not cover damage resulting from excessive vibration resulting from isolating vibration protection not properly installed where required. This warranty does not cover damage resulting from expansion due to expansion joints not properly installed where required. This warranty does not cover damage or lost performance due to combustion source relat- ed deficiency such as soot build up on the heating surface. Cain makes no other warranties of performance or product either expressed or implied which extends beyond the limits contained within this instrument. All acceptance tests shall be conducted at the buyer’s expense. Any such tests shall be made when the equip- ment is new, clean, and before being placed into service, and shall be made within 120 days of delivery. Where field test are required, the following procedures are to be used. The exhaust gas and liquid inlet and outlet temperatures shall be recorded simultaneously and measured at a minimum distance of 6 pipe diam- eters from the equipment. Exhaust gas and liquid volumes shall be determined by actual measurement, if practical, or by calculations if necessary. All factors of O2, CO2, excess air, full input, altitude and the oper- ating efficiency of the primary direct fired unit, shall be incorporated in the final determination and calculation of the volume of the exhaust gas. The expense incurred for such test shall be the responsibility of the buyer and a copy of the test procedures conducted, data accumulated, and calculations used to arrive at the final results shall be submitted to Cain Industries. All workmanship, material and performance requirements shall be deemed to have been met if a contrary report has not been furnished within 120 days of delivery. This “Limited Warranty and Performance Guarantee” forms as a part of the Cain Industries equipment proposal as attached herein. IN NO EVENT SHALL SELLER BE LIABLE FOR CLAIMS (BASED UPON BREACH OF EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES, WHETHER DIRECT, IMMEDIATE, INCIDENTAL, FORESEEABLE, CONSEQUENTIAL, OR SPECIAL. Cain Industries, Inc. PO Box 189 Germantown, WI 53022 • 262-251-0051 • 800-558-8690 • 262-251-0118 Fax • sales@cainind.com © 2008 Cain Industries, Inc.

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