General Warranty Terms and Conditions for EICS Permanently Sealed Catalyst Having Diameters of 9.5 in., 11 in., 13 in. and 16 in.
Inpro/Seal LLC d.b.a. FW Murphy Production Controls (“Seller”) warrants that the EICS Permanently Sealed Catalyst having a diameter of 9.5 in., 11 in., 13 in. or 16 in. (each, a “Catalyst”) sold to the original purchaser (”Buyer”) conforms to Seller’s workmanship and performance specifications, as further described below. This warranty only applies to the Catalyst when used solely in conjunction with an FW Murphy EICS System operating on the same engine. The period, terms and conditions of this warranty are further stated below.
Warranty Period
The Catalyst is warranted for 2 years from the date of original shipment to Buyer, or for up to 17,520 hours of operation, whichever occurs earlier (the “Warranty Period”). Buyer must notify Seller of a potential warranty issue within the Warranty Period. If the failure is determined by Seller, in Seller’s sole discretion, to be covered by the warranty, Seller will offer to Buyer a replacement Catalyst according to the pro-rated schedule below:
Hours of Operation | Warranty |
0-8,760 | Free replacement catalyst |
8,761-11,680 | 50% off Seller’s then-current list price |
11,681-14,600 | 35% off Seller’s then-current list price |
14,601-17,520 | 20% off Seller’s then-current list price |
17,521 or more | No warranty |
Seller’s warranty obligation for any Catalyst replaced under this warranty shall be limited to the balance of the Warranty Period remaining on the original warranty when Seller determined the Catalyst to be non-conforming.
To be eligible for warranty consideration, the Catalyst being returned must be out of compliance with both the EICS emissions design specifications and the local emissions permit.
Workmanship, Performance & Prerequisites
Seller warrants the Catalyst will be free of material defects in design and workmanship for the duration of the Warranty Period.
Solely, when installed on a Rich Burn Engine, Seller warrants the Catalyst conversion rates for oxides of nitrogen (NOx), carbon monoxide (CO), non-methane non-ethane hydrocarbons (NMNEHC), and formaldehyde (HCHO) will meet the EICS design specifications, provided that the engine is and has been operated properly and in accordance with Seller’s instructions, and the Catalyst is and has been installed and operated in compliance with Seller’s recommendations and instructions, including the prerequisites below.
The prerequisites for this warranty are as follows:
- The engine must be powered with natural gas.
- The hydrogen sulfide content in the fuel gas must not exceed the engine manufacturer’s published limits and must be free of any silicon compounds.
- The engine must be operated with an FW Murphy EICS Control System equipped with an EICS Emissions Key.
- The engine must be and remain in good operating condition, operated in accordance with the engine manufacturer’s guidelines.
- Continuous operation with intermittent ignition must be avoided.
- Ignition of fuel in the exhaust piping must be avoided.
- The supply of fuel must be immediately disrupted if the ignition system fails.
- The Catalyst must be operated within a temperature range of 750ᵒF inlet to 1,400ᵒF outlet.
- The engine oil used must be low phosphate oil and must have a very low ash content of less than 0.5 wt. % designed for operation with a three-way catalyst.
- The engine oil consumption must not exceed the engine manufacturer’s published values and must be operated per the engine manufacturer’s speed and load recommendations for continuous operation.
- All EICS system components must be in good working order.
- Maintenance must be performed at recommended OEM intervals or at the intervals specified in Buyer’s own maintenance program, whichever is more stringent.
- Engine’s ignition timing must be correctly set.
Limitations
THE MAXIMUM LIABILITY OF SELLER UNDER THIS WARRANTY SHALL NOT EXCEED THE ORIGINAL CATALYST PURCHASE PRICE. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY COSTS OF LABOR PERFORMED BY BUYER, PRODUCTION LOSSES, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR CONTINGENT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, DOWNTIME, LOSS OF REPUTATION OR LOSS OF GOODWILL), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, RESULTING FROM A FAILURE OF THE CATALYST TO MEET THE WARRANTY HEREIN, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; ALL SUCH DAMAGES ARE HEREBY SPECIFICALLY DISCLAIMED. ALL LIABILITY OF SELLER SHALL CEASE WITH THE EXPIRATION OF THE WARRANTY PERIOD.
In addition, this Warranty and Seller’s obligation hereunder shall become null and void for any Catalyst that has been exposed to:
- halogen-containing compounds; or
- poisoning or masking agents found on the Catalyst which typically originate from the engine, cooler, compressor, well, additives, etc., including but not limited to, phosphorus, silicon, sulfur, arsenic, and heavy metals such as lead or zinc, where the aggregate loading of such agents exceeds the limits as specified below:
Individual Concentration Limits |
|
Contaminant | Parts per Million by Weight (ppmw) |
Phosphorus (P) | 700 |
Silicon (Si) | 1,000 |
Sulfur (S) | 1,000 |
Heavy Metals (Pb, Hg, As, Sn, etc.) | 1,500 |
Halogens (Cl, F, Br, etc.) | 500 |
Alkali Earths and Metals (Na, K, Ca, Mg) | 1,000 |
Total Aggregate Concentration Limit | |
Maximum Concentration for all Contaminants Not Native to the Coating or Substrate | 4,000 ppmw |
iii. exhaust temperatures in excess of 1,400 degrees Fahrenheit. See Recommendations section below for further information.
Recommendations
On new engines, newly reconstructed engines, or engines fueled by well gas, it is recommended the engine complete a 50-hour run cycle before the Catalyst is installed. This conditioning cycle will prevent debris or fluids from the new well or from the fabrication, reconstruction or assembly of the engine from contaminating the Catalyst.
For optimum performance, the Catalyst should be installed in a location where it will operate within a temperature range of 900ᵒF to 1,250ᵒF. A Catalyst temperature above 1,400ᵒF can damage the Catalyst. To minimize this risk, the EICS System’s maximum temperature setting should not be set above 1,400ᵒF. It will be the sole responsibility of Buyer to maintain the EICS system, and Buyer must immediately shut the engine down should the Catalyst exit temperature reach the 1,400ᵒF limit.
Successful operation of the Catalyst may require periodic cleaning, at a Seller authorized facility, to eliminate masking agents, such as, but not limited to, noncombustible particulates.
For best emissions performance results, the latest MOT file (firmware file) available on Seller’s Extranet website should be installed.
Other maintenance includes changing the EICS pre- and post-catalyst oxygen sensors at least every 6 months.
In the event of a Catalyst issue, it is recommended Buyer contact Seller’s Technical Service group, so they can review the system’s setup and operation before the Catalyst is removed and returned for a warranty claim.
Warranty Claims
For the warranty to be exercised, Buyer must submit a warranty claim within the Warranty Period. A warranty claim must include submission of a completed (by Buyer or the end user) EICS Catalyst Warranty Questionnaire within 15 days of reported Catalyst failure. Seller reserves the right within 30 days from notice of failure to request an inspection of the engine’s operating condition for the purpose of confirming the Catalyst’s failure.
Buyer must return the non-performing Catalyst to Seller in accordance with a Return Materials Authorization Number (RMA Number) obtained from Seller in order for the warranty to be honored.
Any failure of a Catalyst to conform to this warranty must be demonstrated to the satisfaction of Seller by and at the expense of Buyer. Determination of a non-performing Catalyst shall be based upon the performance of the Catalyst from the emissions measurements taken. The analytical data shall be gathered by either a third party qualified to perform the measurements or through the use of a certifiably calibrated measurement instrument operated by trained personnel from either Buyer or the end user, as determined in Seller’s sole discretion.
Disclaimers
THE FOREGOING WARRANTY AND REMEDIES ARE EXCLUSIVE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY SET FORTH ABOVE, AND SUBJECT TO THE LIMITATIONS OF LIABILITY ABOVE, SELLER MAKES NO OTHER WARRANTY, AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING UNDER COURSE OF DEALING OR TRADE, WITH RESPECT TO THE CATALYSTS AND/OR ANY PARTS OR PORTIONS THEREOF, WHETHER USED ALONE OR IN COMBINATION WITH OTHERS. SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY STATED HEREIN.