MV Technologies warrants, for a period of ten years, that the proposed H2SPlus™ or systems will meet or exceed the requirements as stated in this Proposal. This warranty is contingent upon:the user’s demonstration that system application has been, at all times, within the gas flow rates and H2S loading provided in the Equipment Purchase Specification; the user’s demonstration that MV’s Operations and Maintenance procedures have been followed; the user’s demonstration that media use has not exceeded the designed loading capacity of H2S per cubic foot of BioActive Media before change out; that on-site annual system performance inspections are conducted by MV Technologies authorized personnel and that recommended necessary adjustments to operating conditions are made in a timely fashion. This warranty may be extended at the end of the ten-year period by mutual agreement of the parties.
MV Technologies warrants, for an agreed period of time from date of system startup, the H2SPlus System™ designed for the System Owner will, when operated according to MV Technologies Specifications at or below design conditions as established in the approved MV Technologies H2SPlus Proposal, will remove up to 13-pounds of H2S per one (1) cubic foot of our reactive media, BAM™, until breakthrough condition.
In the event the H2SPlus system does not perform as described above, MV Technologies will provide, at its expense, the pro-rata amount of BAM™ at each media replacement cycle so as to provide the equivalent media consumption performance. By way of example, if the actual H2S removal rate was determined to be 9-pounds per one cubic foot of BAM, MV would provide 30% of the next vessel media charge of BAM at no cost to the System Owner.
Standard H2SPlus Media Performance Guarantee may not apply to all installations and is evaluated on a site by site basis upon final review of site conditions and parameters.
In no event shall MV Technologies be liable for any special, incidental or consequential damages based upon breach of warranty, breach of contract, negligence, strict tort or any other legal theory. Such damages include, but are not limited to, loss of profits, loss of savings or revenue, and/or the system to which it is attached or has been made a part of, costs of any substitute equipment, downtime, the claims of third parties, including customers, and injury to property.