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Limited 10-year Warranty

LIMITED 10 YEAR MAIN GEAR/BEARING WARRANTY

DBS Manufacturing ("DBS") warrants to the owner of a covered DBS clarifier drive unit that the gear/bearing unit shall be free from defects in material and workmanship for a period of ten years from the date of shipment when operated in a clarifier or thickener according to original design engineer's drive unit specifications provided to DBS. This limited gear/bearing warranty shall not apply to DBS Models SX clarifier drive units, DBS agitator drives, DBS solids-contact clarifier drives, or any DBS clarifier drive units installed outside the United States or Canada . If the owner promptly notifies DBS and has complied with its obligations hereunder DBS will repair or replace at its option a defective gear/bearing unit at no charge to the owner. The owner shall be responsible for and shall bear all cost of removal and transportation of a defective gear/bearing unit to DBS's factory and shall be responsible for and bear all cost of transportation from DBS's factory to the owner and installation of the repaired or replacement gear/bearing unit.

To qualify for this limited gear/bearing unit warranty, the owner or owner's general contractor must complete and mail the Warranty Registration Card accompanying each covered DBS clarifier drive within thirty days of delivery. To maintain this limited gear/bearing unit warranty in force and effect, the owner must; (1) operate, maintain and care for the covered DBS clarifier drive unit in accordance with instructions and specifications and specifications detailed in the DBS Operation and Maintenance Manual; (2) change and maintain the oil in the clarifier drive unit in accordance with the instructions and specifications detailed in the DBS Operation and Maintenance manual; and (3) forward to DBS test reports from a commercial oil testing lab or test results from a lubricant supplier's testing program of oil samples taken from the gear-bearing unit housing every 6 months. DBS will not accept charges for oil sample testing.

This limited gear/bearing unit warranty shall not apply if the clarifier drive unit torque controls are overridden, the clarifier drive unit is operated without proper lubrication or in a hostile environment that was not indicated in the original drive unit specifications provided to DBS, or if the clarifier drive unit is damaged by accident, abuse, misuse, modification or shipment.

This limited gear/bearing warranty is exclusive and in lieu of all other warranties on the gear/bearing unit of a covered DBS clarifier drive unit, whether oral or written, expressed or implied. NO WARRANTY OR MERCHANTABILITY OR FITNESSS FOR A PARTICULAR PURPOSE SHALL APPLY. The representatives, agents, dealers and employees of DBS are not authorized to make modifications to this limited gear/bearing unit warranty or additional warranties binding on DBS.

IN NOT EVENT SHALL DBS BE LIABLE FOR LOSS OF PROFITS, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES ARISING FROM ANY BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR OTHER LEGAL THEORY.