OPW FUELING CONTAINMENT SYSTEMS STANDARD PRODUCT WARRANTIES

NOTICE: OPW Fueling Containment Systems, Inc. (OPW-FCS) products must be used in compliance with all applicable federal, state, provincial and local laws, rules and regulations. Product selection must be based on physical specifications and limitations, compatibility with the environment and material to be handled. All illustrations and specifications in this literature are based on the latest production information available at the time of publication. Prices, materials and specifications are subject to change at any time, and models may be discontinued at any time, in either case, without notice or obligation.

OPW-FCS warrants solely to its customer that the following products sold by OPW-FCS will be free from defects in materials and workmanship under normal use and conditions for the periods indicated:

OPW-FCS’s exclusive obligation under this limited warranty is, at its option, to repair, replace or issue credit (in an amount not to exceed the list price for any defective product) for future orders for any product that may prove defective within the applicable warranty period (repairs or replacements are subject to prorated warranty coverage for remainder of the original warranty period). Complete and proper warranty claim documentation and proof of purchase required. All warranty claims must be made in writing and delivered during the applicable warranty period to OPW-FCS at 3250 US Highway 70 Business West, Smithfield, North Carolina, 27577, Attention: Lisa Lovering. No products may be returned to OPW-FCS without its prior written authority.

This limited warranty shall not apply to any OPW-FCS product unless it is installed by an OPW-FCS attested installer. This limited warranty also shall not apply to any OPW-FCS product: unless all required site and warranty registration forms are completed and received by OPW-FCS within 60 days of installation; unless all piping connections are installed with a nationally-recognized or state-approved leak detection device in each tank and dispenser sump (which are not for storage and from which all discharge hydrocarbons must be removed, and the systems completely cleaned, within 24 hours); unless testable sumps utilize OPW-FCS pipe and access fittings; unless a sump inspection log or an EPA recommended/required checklist is maintained and the results are furnished to OPW-FCS upon request; and unless OPW-FCS is notified within 24 hours of any known or suspected product failure and is provided with unrestricted access to the product and the site. This limited warranty also shall not apply to any product which has been altered in any way, which has been repaired by anyone other than a service representative authorized by OPW-FCS, or when failure or defect is due to: improper installation or maintenance (including, without limitation, failure to follow OPW-FCS Manual Installation Guide and all product warning labels); abuse or misuse; violation of health or safety requirements; use of another manufacturer’s, or otherwise unauthorized, substances or components; soil or other surface or subsurface conditions; or fire, flood, storm, lightning, earthquake, accident or any other conditions, events or circumstances beyond OPW-FCS’s control.

THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. OPW-FCS shall have no other liability whatsoever, whether based on breach of contract, negligence, gross negligence, strict liability or any other claim, including, without limitation, for special, incidental, consequential or exemplary damages or for the cost of labor, freight, excavation, clean-up, downtime, removal, reinstallation, loss of profit, or any other cost or charges. No person or entity is authorized to assume on behalf of OPW-FCS any liability beyond this limited warranty. This limited warranty is not assignable.

Effective February 19, 2007