H2SPlus System Performance Guarantee

H2SPLUS SYSTEM PERFORMANCE GUARANTEE

System Performance Warranty

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.

H2SPlus Media Performance Guarantee

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.

Conditions of the Warranty

1. “Breakthrough” condition is defined as measured H₂S concentration levels in the H2SPlus System outlet gas, exceeding the system design levels established in the approved MV Technologies Proposal.
2. Client must demonstrate, to the reasonable satisfaction of MV Technologies, that the H2SPlus System is installed and operated according to its design specifications, and at or below the design conditions.
3. H₂S concentrations and total flow rate of incoming gas must be accurately monitored and recorded at least every third day so that incoming pounds of H₂S until breakthrough condition may be determined.

Limitations of Remedy and Liability

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.