Learn More About the KBK Warranty
General Warranty
For KBK Manufactured Products
KBK warrants that its tanks and related equipment which are the subject of this sale are free from defects in material or workmanship. The duration of the warranty is one (1) year from the date of delivery. The products are deemed delivered when received by the Buyer. If the Buyer, discovers within this period a defect in material or workmanship, it must promptly notify KBK in writing. In no event shall such notification be received by the KBK later than thirteen (13)
months from the date of delivery. Within a reasonable time after such notification, KBK will correct any defect in material or workmanship with replacement parts. Such repairs, including both parts and labor is at KBK’s expense. If KBK is unable to repair the product after reasonable attempts, KBK will provide, at its option one of the following: (a) a replacement, or (b) full refund of the purchase price to Buyer. These remedies are the Buyer’s exclusive remedies for breach
of warranty. In no case shall KBK 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, loss of use
of the product or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime, the claims of third parties including customers, and injury to property. Any action of breach of warranty must commence within thirteen (13) months following delivery of a product.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.
No employee of KBK or any other parties are authorized to make any warranty in addition to this agreement. Buyer specifically agrees to indemnify, defend, and hold harmless KBK, its affiliates, and its and their respective directors, officers, shareholders, employees, and customers (collectively,
“Indemnitees”) from and against any and all claims, losses, damages, injuries, liabilities, actions, and settlement expenses, including attorneys’ fees, resulting from, arising out of, or relating to any breach of Buyer’s warranties at any time or Buyer’s negligence, willful misconduct, or breach of any other terms of the Purchase Order.
IN NO EVENT SHALL KBK BE LIABLE TO BUER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOSS OF PROFITS), OR PUNITIVE DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHERWISE (INCLUDING NEGLIGENCE), RESULTING FROM BREACH OF THE PURCHASE ORDER OR ANY MATTER RESULTING FROM, ARISING OUT OF, OR RELATING TO THE PURCHASE ORDER.
KBK will be not liable for failure to perform under the Purchase Order to the extent such failure is caused by fire, strike, act of God, act(s) of terrorism, war, authorization of law, embargo, accident, epidemic, pandemic, or any other cause beyond its reasonable control.
KBK INDUSTRIES LLC
LIMITED WARRANTY – UNDERGROUND STORAGE TANKS
Effective 09/30/2025
KBK Industries, LLC (“KBK”) warrants solely to the original owner (“Owner”) that the underground storage tank(s) (“Tank(s)”), manufactured by KBK, if installed, operated, and maintained strictly in accordance with KBK’s published specifications, shall be free from certain defects under the following limited terms and conditions:
I. Warranty Coverage
1. External Corrosion
• Tank(s) will not leak due to natural external corrosion for a period of thirty (30) years from the date of original delivery.
2. Internal Corrosion
• Tank(s) will not leak due to internal corrosion for a period of thirty (30) years from the date of original delivery, provided the Tank(s) are used solely to store the following products in the conditions specified:
• Gasoline, Diesel Motor Fuel, Diesel Exhaust Fluid at atmospheric temperature.
• Alcohol-gasoline blends with up to 100% ethanol or methanol, and biodiesel blends with up to 100% biodiesel, for a maximum warranty period of fifteen (15) years.
• Diesel fuel oils at temperatures not exceeding 150°F.
• Aviation gasoline, Jet Fuel, Motor Oil, and Kerosene at atmospheric temperatures.
• Use of any unlisted product, additive, blend, or chemical agent voids this Warranty.
3. Structural Integrity
• Tank(s) will not suffer structural failure (spontaneous breaking or collapse caused by material defects) for thirty (30) years from the date of original delivery,
provided installation is performed and validated by a KBK-approved qualified contractor in accordance with KBK specifications.
4. Workmanship
• Tank(s) will be free from defects in materials and workmanship for one (1) year from the date of original delivery.
5. Warranty Period
• The warranty period begins at either the earlier of the date of delivery or the date of invoice.
• Repair or replacement of a Tank(s) under this Warranty shall not extend or restart the original warranty period.
6. Terms and Conditions
• This document is an addendum to KBK’s Standard Terms and Conditions for KBK Quotes and Purchase Orders.
II. Conditions Precedent
This Warranty applies only if:
• Tank(s) is/are installed by a KBK-approved qualified installer, in accordance with KBK specifications and all applicable laws, regulations, and industry standards.
• KBK provides prior written approval of the installation contractor.
• The installation checklist provided by KBK is fully completed at time of installation and signed by both the installer and the Owner’s representative, retained by the Owner, and delivered to KBK with any warranty claim.
• KBK is given the opportunity to observe and inspect the Tank(s) prior to removal of backfill, removal from the ground, or alteration of any factory-installed appurtenance. Failure to comply will bar the claim.
• If a Tank(s) is removed and relocated, it must be recertified by KBK, at Owner’s expense, to maintain warranty coverage.
• Owner followed industry standards for testing and inspection and provides records of maintenance.
• All amounts due to KBK have been paid in full prior to any warranty obligation arising.
• Owner shall maintain installation records, inspection reports, and maintenance logs, and make such documentation available to KBK with any claim. Failure to retain or produce such documentation may void this Warranty.
This Warranty is non-transferable and applies only to the original Owner unless KBK expressly agrees in writing to transfer it.
III. Exclusions
This Warranty does not cover, and KBK shall have no liability for claims arising from or relating
to:
• Acts of God, accidents, misuse, neglect, improper installation, improper backfill, inadequate maintenance, failure to follow KBK specifications, or operation beyond rated capacity.
• Extraordinary events beyond KBK’s control, including but not limited to war, terrorism, natural disasters, or government actions.
• This Warranty is not an insurance policy and does not cover environmental damage, property damage, loss of contents, or economic loss beyond the remedies expressly stated herein.
• Storage of fluids not listed above or use beyond the specific temperature and time limitations stated.
• Products, parts, or components not manufactured by KBK, including all consumables (e.g., gaskets, O-rings).
• Any repair, modification, or service performed by third parties without KBK’s prior written authorization.
• Normal wear and tear.
• Compliance or approval of any regulatory agency.
IV. Exclusive Remedies
Owner’s sole and exclusive remedies for any breach of this Warranty are, at KBK’s option:
1. Repair of the defective Tank(s),
2. Replacement of the Tank with a new or recertified Tank of functionally equivalent condition,
delivered to the point of original delivery, or
3. Refund of the original purchase price paid to KBK for the Tank(s).
4. Any Tank(s) replaced under this Warranty shall become the property of KBK.
No other remedies, express or implied, are available.
V. Limitations of Liability
• Cap on Liability: In no event shall KBK’s total liability under this Warranty exceed the original purchase price of the Tank(s) giving rise to the claim.
• Exclusion of Damages: KBK shall not be liable for, and expressly disclaims responsibility for, installation or removal costs, loss of contents, environmental cleanup or remediation costs, fires, explosions, regulatory actions or penalties, or any incidental, consequential, punitive, special, or exemplary damages, whether based on contract, warranty, tort, strict liability, or otherwise.
• Regulatory Disclaimer: KBK shall have no responsibility or liability under federal, state, or local environmental, hazardous substance, underground storage tank, or similar laws, all of which remain the sole responsibility of the Owner.
• Implied Warranties: To the fullest extent permitted by law, all implied warranties, including merchantability and fitness for a particular purpose, are disclaimed. To the extent such warranties cannot be disclaimed, they are limited to the duration of the express warranty set forth above.
VI. Warranty Claim Process
• Owner must notify KBK via email to the their KBK sales representative. Owner will provide a description of the defect and include any photo’s, testing inspection and maintenance records.
VII. Miscellaneous
• This Warranty shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflicts of law principles.
• Any action or proceeding relating to this Warranty shall be brought exclusively in the state or federal courts located in Harris County, Texas, and Owner consents to such jurisdiction and venue.
• This Warranty constitutes the entire agreement between KBK and Owner regarding warranty coverage for the Tank(s). No oral statements, course of dealing, or other representations shall modify or expand this Warranty.
• Terms and Conditions included with any Purchase Order do not modify this warranty.
• If any provision of this Warranty is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• The limitations of liability and exclusions of damages shall survive the expiration or termination of this Warranty.
WARRANTY – Liquid Fertilizer Tanks
Effective as of 1/1/2025
KBK Industries, LLC (“Seller”) warrants to the original purchaser (“Purchaser”) that the liquid fertilizer tanks manufactured by Seller are free from defects in material and workmanship under normal use and service, when installed, operated, and maintained in accordance with Seller’s written instructions.
1. Warranty Period
This limited warranty is valid for three (3) years from the date of delivery. Delivery is deemed complete when the product is received by the Purchaser. Replacement parts or products furnished under warranty are warranted for the remainder of the original warranty period or for ninety (90)
days from the date of replacement, whichever is longer.
2. Warranty Coverage
During the warranty period, if Seller determines that the product has a defect in material or workmanship, Seller will, at its option:
• Repair the product,
• Replace the product, or
• Refund the original purchase price.
Repair or replacement will be made at Purchaser’s facility unless otherwise agreed in writing. Purchaser is responsible for all removal, transportation, and reinstallation costs associated with the warranty claim unless otherwise authorized by Seller.
3. Warranty Exclusions
This warranty covers only defects arising under normal and proper use. It does not cover damage, failure, or loss caused by or resulting from:
• Improper installation, handling, or maintenance
• Misuse, neglect, or accident
• Unauthorized repair or modification
• Exposure to incompatible chemicals or substances
• Operating conditions exceeding Seller’s published specifications
• Corrosion, chemical attacks, or environmental exposure
• Acts of nature, fire, flood, or other external causes beyond Seller’s control
Seller assumes no responsibility for damage caused using fittings, valves, or accessories not supplied or approved by Seller. Fiberglass flanges are not load bearing and pipe supports must be used to prevent flanges from failing.
4. Notification of Claims
Purchaser must notify Seller in writing of any alleged defect within the warranty period. Notice must include a description of the defect, photographs or evidence, and proof of purchase. Seller reserves the right to inspect the product before authorizing any warranty repair, replacement, or refund. Failure to provide timely notice or to permit inspection shall void this warranty.
5. Limitation of Liability
Seller’s liability under this warranty is strictly limited to repair, replacement, or refund of the product purchase price, at Seller’s sole discretion.
In no event shall Seller’s total liability, whether in contract, tort (including negligence), or otherwise, exceed the purchase price of the specific product giving rise to the claim. Seller shall not be liable for any incidental, indirect, special, or consequential damages of any kind, including but not limited to:
• Loss of profits, revenue, or use
• Downtime or business interruption
• Costs of substitute equipment or services
• Damage to property or third-party claims
6. Disclaimer of Other Warranties
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No employee, agent, or representative of Seller has authority to make any additional warranty or representation unless expressly authorized in writing by an Officer of Seller.
7. Exclusive Agreement and Governing Law
This document constitutes the entire and exclusive warranty agreement between Seller and Purchaser. It supersedes all prior or contemporaneous communications, oral or written, regarding the subject matter herein. No modification or amendment to this warranty shall be effective unless made in writing and signed by both parties. This warranty and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.