Liquid Hydrogen (LH2) Horizontal Cryogenic Tank, 6500 Gallons, 110 PSIG STATIONARY TANK

Each Model LH2-065-110-P-H Cryogenic Storage Tank

·       Manufacturer ACT

·       ASME Stamped

·       Year 2024

·       Condition New

·       MAWP 110 PSIG

·       Cold Volume at Vent Inlet 6,367 US Gallons

·       Tare Weight 16,000 pounds

·       Maximum Lading weight @ 17 psig 3,500 pounds

·       NER < 1%/Day

External Components: Please reference the included P&ID

·       Top and Bottom Fill Connections with manual valves

·       Pressure Building System Regulator for maintaining tank pressure

·       Manual Gas Withdrawal Valve

·       6” Liquid Level Gauge

·       2 1/2” Tank Pressure Gauge

·       CGA Compliant Vent Stack

·       All line sizes are detailed on the P&ID

1. General Requirements

1.1 Purpose

The cryogenic liquid hydrogen tank is designed to store and maintain liquid hydrogen at temperatures below -252.87°C (-423.17°F) with minimal boil-off and high structural integrity.

1.2 Scope

This specification covers the design, materials, fabrication, insulation, testing, and safety requirements for the tank. It applies to stationary storage uses.

1.3 Applicable Standards

• ASME Boiler and Pressure Vessel Code (BPVC), Section VIII
• CGA H-3

2. Design Specifications

2.1Tank Capacity

• Cold Volume at Vent Inlet: 6,367 Gallons

2.2 Dimensions

• 12’ Diameter x 22’ Long x 12’ High-Outer Vessel Bottle

2.3 Operating Conditions

• Storage temperature: -252.87°C (-423.17°F)
• Maximum allowable working pressure (MAWP): 110 PSIG
• Boil-off rate: < 1%/Day

2.4 Materials

• Inner tank: SA 240 316/316L SS
• Outer tank: A1011 Gr 50 CS/ SA 240 304 SS
• Seals and gaskets: PTFE or metal seals compatible with cryogenic temperatures
• Material certifications: ASTM or equivalent standards for cryogenic applications

2.5 Insulation System

• Type: multi-layer insulation (MLI), vacuum jacketed
• Thermal conductivity:
• Vacuum pressure: Less than 10 microns Warm

2.6 Quality Control

• Non-destructive testing (NDT): Specify, e.g., X-ray, ultrasonic testing, dye penetrant
• Leak testing: Helium leak test at Specify, e.g., 10^-8 mbar·L/s
• Cleanliness: Oxygen-clean standards per CGA 4.4

3. Safety Features

3.1 Pressure Relief

• Primary relief valve: 110 PSIG
• Secondary relief valve:
• Burst disc: TBD

3.2 Venting System

• Vent line diameter: 2” IPS

3.3 Instrumentation

• Pressure sensors: Bourdon Tube
• Liquid level sensors: Differential Pressure Bourdon Tube

4. Documentation and Certification

4.1 Documentation to be Supplied with Order

• As-built drawings
• Material certificates
• NDT reports
• Test reports (hydrostatic, thermal, vacuum)
• Operation and maintenance manual

Warranty Statement:

a.     Generally.  Manufacturer warrants that each new Good, including all Pressure Vessels and Hydrogen Pressure Vessels (defined below), it manufactures (but excluding equipment, accessories, equipment, components, parts, subassemblies and other component parts of such products, which are purchased from other vendors) purchased by Buyer, as the original retail customer, shall be in compliance with Seller’s standard specifications in effect at the time such Good is delivered to Buyer or, for a custom Good, with any specifications, design, drawings or descriptions for such Good that has been agreed to by Manufacturer. Buyer’s sole remedy for Goods that do not comply with such warranty shall be that Manufacturer shall, at its option, (i) cure the defect, (ii) replace the Good, or (iii) refund the amount paid by Buyer for the non-conforming Good(s).  Seller warrants all Goods to be free from defects in material and workmanship for one (1) year after the Goods are delivered to the Delivery Location. 

b.     Hydrogen Pressure Vessels. With respect to Goods that are pressurized vessels for liquid hydrogen cryogenic equipment, which are manufactured by Manufacturer (“Hydrogen Pressure Vessels”), Manufacturer guarantees that the annulus space will not exceed forty (40) microns when the inner vessel is cold with liquid hydrogen (see tank cool down procedure) within the first THREE (3) YEARS after the date of shipment of the Hydrogen Pressure Vessels. For years FOUR and FIVE from the date of shipment, the annulus space will not exceed fifty (50) microns, provided that the Hydrogen Pressure Vessels (i) were pumped down below ten (10) microns at least twice during years FOUR and FIVE if the vacuum level rose above thirty (30) microns, and (ii) that the vacuum gauge vessel and/or the evacuation vessel has not been misused, tampered with, or disturbed by the Buyer or anyone acting on Buyers’ behalf. Furthermore, Buyer hereby acknowledges and agrees that any misuse or abuse of the Hydrogen Pressure Vessels that result in over pressurization is dangerous and will void the workmanship and vacuum warranties.

c.     Coatings. Notwithstanding anything herein to the contrary, with respect to paints, primers, and coatings (“Coatings”), Seller warrants that it will apply coatings in accordance with the specifications and recommendations of the manufacturer of the Coatings and Seller makes no warranty, expressed or implied, with respect to the Coatings or said manufacturer’s specifications and recommendations.

d.     EXCLUSIONS:  The warranty stated above shall not apply to:

·       any Goods that have been repaired or altered by anyone other than Seller or Seller’s authorized representative;

·       any Goods that have, in Seller’s judgment, been subject to abuse, misuse, negligence, accident, improper storage, installation or application, or shock, electrostatic discharge, heat, or humidity conditions beyond the use specifications;

·       any Goods that have not been operated or maintained in accordance with the manufacturer’s specifications and recommendations;

·       any components, parts or accessories manufactured, warranted or serviced by others; (see below pass-through warranties of other manufacturers);

·       any Goods that are used, reconditioned, or previously owned;

·       any damage due to continued use of the Goods after partial failure of any component, material, or any other item;

·       any work performed or cost incurred by Buyer, or others, without Seller’s express prior written consent;

·       any claim not reported to Seller promptly (in no event later than ten (10) days after discovery);

·       ordinary normal wear and tear; or

·       expendable vacuum vitals (Jacket safety O-ring, hoke vessel, thermocouple tube, or vacuum vessel).

e.     EXCLUSIVE REMEDY:  THE REMEDIES PROVIDED ABOVE ARE EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND ALL OTHER REMEDIES OR LIABILITIES (WHETHER BY STATUTE, COMMON LAW OR IN CONTRACT, TORT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY AND NEGLIGENCE, WHETHER OCCASIONED BY ACTS OR OMISSIONS OF MANUFACTURER, MANUFACTURER’S SOLE NEGLIGENCE OR CONCURRENT NEGLIGENCE). WITHOUT LIMITATION OF THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, SELLER EXPRESSLY DISCLAIMS AND NEGATES (i) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE (ii) ANY IMPLIED OR EXPRESS WARRANTY OF DILIGENCE, (iii) ANY IMPLIED WARRANTY OF FREEDOM FROM PATENT OR COPYRIGHT INFRINGEMENT AND (iv) ANY OTHER IMPLIED WARRANTIES.  IN NO EVENT SHALL THE OBLIGATION OF MANUFACTURER TO REPLACE DEFECTIVE GOODS BE CONSTRUED TO REQUIRE MANUFACTURER TO REPAIR OR REPLACE MORE THAN THE ORIGINAL PURCHASE PRICE OF THE GOOD. 

f.      THIRD PARTY MANUFACTURED GOODS:  Any equipment, components, parts or other goods not manufactured by Manufacturer are not warranted by Manufacturer to any extent, but Manufacturer shall use its commercially reasonable efforts to assign, to the extent that Manufacturer is permitted to assign pursuant to the original manufacturer’s warranty, to Buyer, without recourse, any warranties furnished to Manufacturer by the vendors of such equipment, components, parts or other goods.

g.     Payment, Interest and Performance:  Unless otherwise agreed to in writing by Seller, Buyer shall pay for the Goods in U.S. dollars and in the schedule as follows:  50% of the price for the Goods (“Price”) shall be due and payable upon the issuance of the Contract. The remaining 50% of the Price shall be due and payable within thirty (30) days of the Goods being delivered to the Delivery Location.  Buyer shall pay all collection costs, including, without limitation, attorneys’ fees, incurred by Seller in collecting any past due amount.  In the event Buyer disputes the accuracy of any portion of any invoice, Buyer may not withhold the payment of the disputed amount, but shall promptly notify Seller, specifying the amount in dispute and reasons therefor.  Buyer shall make timely payment of all amounts, including those in dispute.  Buyer and Seller will promptly attempt to resolve the dispute, and upon resolution, Seller will promptly credit Buyer’s account for any amounts due Buyer.  The rights and remedies herein reserved to Seller shall be cumulative and in addition to all other rights and remedies available to Seller under applicable law.  The failure of Seller to insist upon strict performance hereof in any one instance shall not constitute a waiver of Seller’s right to require or establish a course of dealing with respect to such performance in the future with respect to such incidents or with respect to any later breach of this Agreement by Buyer.

h.     Price Escalation: Buyer acknowledges and agrees that Seller has the right, upon providing written notice to Buyer, to adjust the Price for the Goods if, from the time the Contract is issued until the Delivery Date of the Goods, Seller incurs additional costs or surcharges directly or indirectly because of Seller sourcing steel or other raw material or component costs necessary to manufacture the Goods.

i.       Taxes and Duties:  Unless otherwise expressly provided, transportation charges, customs duties, insurance charges, packaging costs, consular fees and any other similar charges are not included in the sales price and shall be borne by Buyer. Unless otherwise provided, Buyer shall be responsible for all taxes (other than taxes based on the income of Seller), charges and assessments levied or imposed by any foreign governmental entity, or by any local, state, or federal governmental entity of the United States on the sale of the Goods, whether in effect on the date of this Agreement or thereafter enacted, increased or levied and irrespective of whether such taxes, charges or assessments are quoted on Seller’s quotation or invoice.  In the event Seller is required to pay any such tax, charge or assessment, Buyer agrees to promptly reimburse Seller for said amount.

j.       Insurance and Security:  In the event that the Parties agree that Seller will arrange for shipment of the Goods, Seller may obtain, at Buyer’s expense, insurance in the amount of the purchase price of the Goods, insuring the Goods against all risk of loss or damage. If title to the Goods has passed to Buyer before Buyer has paid in full for the Goods, Buyer agrees that it shall grant Seller a first priority security interest in those Goods and any Proceeds (as defined in the Uniform Commercial Code) to those Goods.

k.     Returns or Changes:  Notwithstanding if the Goods are defective or nonconforming and covered under warranty, once Contract is issued, no Goods may be returned to Seller without Seller’s written consent. No Contract may be cancelled or changed without first obtaining the written permission of Seller. If Seller agrees to a cancellation or change, Seller may charge Buyer, and Buyer agrees to pay, for any materials purchased or customized specifically for Buyer.  Goods are manufactured according to Seller’s (or Seller’s vendor’s) specifications, and Seller (on its behalf and on behalf of its vendors) reserves the right to change the design, specifications, or components at any time.  Goods incorporating variation from Seller’s specifications are considered special or custom Goods.

l.       Confidentiality. Each Party, on behalf of itself and its employees, acknowledges that some of the material and information related to the other Party, its suppliers or its Affiliates, which has or will come into the receiving Party’s possession, or knowledge in connection with the performance of this Agreement, consists of confidential and proprietary data of the disclosing Party, its suppliers or its Affiliates (collectively, “Confidential Information”), disclosure of which or use by third parties would be damaging to the disclosing Party.  Each Party, on behalf of itself and its employees, agrees to hold such Confidential Information in strictest confidence and agrees not to release such information to any employee unless such employee has a need for such knowledge. Each Party, on behalf of itself and its employees, further agrees not to make use of Confidential Information for its own benefit or for the benefit of any third parties, other than as necessary for the performance of this Agreement, and not to release or disclose it to any third party. In the event of any breach of this confidentiality obligation, each Party acknowledges that the disclosing Party may have no adequate remedy at law, since the harm caused by such a breach may not be easily measured and compensated for in the form of damages, and that the disclosing Party may seek equitable relief. If the Parties have signed a separate non-disclosure or confidentiality agreement (“NDA”), the terms of that NDA shall take precedence over the confidentiality provisions of this Section M.

m.   Limitation of Liability:  In no event shall Seller or Seller’s Affiliates, or the agents, directors, officers, shareholders, members, managers, partners, employees, consultants, representatives or independent contractors of Seller be liable to Buyer, Buyer’s customer, or any other person or entity claiming losses through any of them or any other user or beneficiary of the Goods, or their respective Affiliates, agents, officers, employees, invitees, representatives, successors, assigns or transferees, for any special, indirect, incidental, consequential, statutory, punitive, exemplary or special damages of any nature or kind whatsoever (including, without limitation, economic loss, loss of revenues or profits or anticipated revenues or profits, loss of product, lost or damaged data, loss of use of services, property or equipment (including those provided by third parties), business interruptions, loss of business opportunities, loss of use of any property or services of any kind, cost of capital, cost of substitute goods, damage to associated equipment, downtime costs or claims of their respective customers for such damages) whether known to Seller at the date of sale or not, arising out of, resulting from, or in any way relating to the design of the Goods, the manufacture or service of the Goods or the use, operation, marketing, sale, lease or other commercialization of the Goods or any defect in the Goods or any loss of use of the Goods, regardless of whether such liability arises under contract, tort, equity or breach of duty (whether statutory or otherwise) and by whomsoever caused. EXCEPT AS PROVIDED IN SECTION 19 BELOW, BUYER AGREES THAT SELLER’S TOTAL LIABILITY UNDER THIS AGREEMENT FOR ALL CAUSES OF ACTION, WHETHER IN CONTRACT OR IN TORT, SHALL BE LIMITED TO A MAXIMUM AMOUNT EQUAL TO THE PRICE BUYER PAID FOR THE SPECIFIC GOOD THAT IS GIVING RISE TO BUYER’S CLAIM.

n.     Indemnification:   Seller agrees to defend, protect, indemnify, and hold Buyer and Buyer’s Affiliates and their respective directors, owners, officers, members, managers, shareholders, partners, employees, (collectively, the “Buyer’s Group”) free and harmless from and against any and all losses, costs (including, without limitation, the costs of investigation, suit and attorneys’ fees), claims, causes of action, damages and liabilities (the “Losses”) arising in favor of any person, or other entity, including the parties hereto and their employees, directors, representatives, contractors and agents, on account of bodily injuries or death (including related damages) or loss of or damage to any property of any such persons or entities,  resulting from (i) improper acts or omissions of Seller in connection herewith, including, without limitation, any material breach of this Agreement or a defect in the Goods other than defects in the specifications provided by the Buyer; (ii) improper acts or omissions of Seller or its employees, contractors or representatives on Buyer’s premises to perform work related to this Agreement; or (iii) any patent, copyright, trademark, trade secret or other intellectual property infringement or alleged infringement resulting from any person or entities purchase, sale or use of any specially manufactured or custom Good supplied by Seller under this Agreement. However, if Buyer provides the design or specifications to the Goods, Buyer agrees to be responsible for, defend and indemnify Seller from and against any and all claims relating to the specifications and design of such Goods.

o.     Force Majeure:  For purposes of this Agreement, “Force Majeure” shall mean acts of God, acts, orders, decrees, instructions or other requirements of governmental entities or instrumentalities, insurrections, mobilizations, riots, acts of terrorism, cyber-attacks, vandalism, sabotage, strikes, lock-outs or other labor disturbances (it being expressly agreed that Buyer shall have no right to compel Seller to settle any such strike or other dispute on terms unsatisfactory to Seller in Seller’s sole and absolute discretion), pandemics, quarantines, floods, storms, hurricanes, tornadoes, droughts or other adverse weather conditions, fires, explosions, embargoes, or by other cause not reasonably within the control Seller.  In the event Seller is hindered or prevented from performing its obligations under this Agreement as a result of any Force Majeure, the time for Seller’s performance hereunder shall be extended for a period equal to the duration such Force Majeure hinders or prevents Seller’s performance, and Seller shall not be liable for any direct, indirect or consequential damage or loss due to any such delay.  If a Force Majeure continues for more than 90-days, either Party may cancel the Agreement without any resulting liability.

p.     Export:  Unless otherwise specified on Seller’s quotation or invoice, all export sales shall be delivered Ex Works Seller’s facility.  Sales are not conditional upon Buyer obtaining any necessary export licenses or import permits pertaining to the sale.  In the event Buyer is not able to obtain such permits or licenses, Buyer shall not be relieved of the obligation of purchasing the Goods from Seller. Seller shall not be obligated to provide any import/export certification or other documentation, nor agree to any contract provision or otherwise act in any matter which may cause Seller, in Seller’s sole judgment, to be in violation of any U.S. federal, state or local law, rule, judgment or decree or the law, rule, judgment or decree of any country or other jurisdiction applicable to the Seller or the sale.

q.     Written Assurance on Export Law Compliance:  Buyer understands that the Goods it will be purchasing from Seller pursuant to this Agreement may be subject to United States of America export restrictions. Buyer hereby gives written assurance to Seller that neither the Goods nor any technical software or data provided to Buyer under this Agreement is intended to or will be shipped, exported or re-exported, directly or indirectly, to any country, person or other entity contrary to any laws, regulations or administrative orders of the United States or any other jurisdiction applicable to any of the transactions contemplated by this Agreement. Buyer further acknowledges that Seller, in determining to enter into this Agreement, has expressly relied on the written assurance contained in the immediately preceding sentences and would not have entered into this Agreement without such written assurance.

r.      Governing Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas without giving effect to any choice or conflict of laws rules, provisions or principles (whether of the State of Texas or any other jurisdiction) the application of which would result in the application of the laws of any jurisdiction other than the State of Texas.

ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT MAY BE BROUGHT IN THE COURTS OF THE STATE OF NEW YORK OR OF THE UNITED STATES OF AMERICA LOCATED IN THE NORTHERN DISTRICT OF NEW YORK, AND, EACH OF THE PARTIES HEREBY ACCEPTS FOR ITSELF AND (TO THE EXTENT PERMITTED BY LAW) IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, THE JURISDICTION OF THE AFORESAID COURTS.  EACH PARTY HEREBY IRREVOCABLY WAIVES ANY OBJECTION, INCLUDING, WITHOUT LIMITATION, ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON THE GROUNDS OF FORUM NON CONVENIENS, WHICH IT MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY SUCH ACTION OR PROCEEDING IN SUCH RESPECTIVE JURISDICTIONS.  Each of the Parties further consents to the exercise of personal jurisdiction over it by courts in New York with respect to any proceedings arising from or related to this Agreement.

s.     Invalidity/Validity:  All terms contained herein are severable, and any provision of this Agreement held to be invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions hereof or thereof; and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.

t.      Assignment:  This Agreement shall inure to the benefit of, and be binding upon, the Parties and their respective successors and assigns. Buyer’s rights and obligations under this Agreement may not be assigned or transferred without the prior express written consent of Seller, and any attempted assignment made without such prior written consent shall be void.  Seller may assign the Contract and Agreement to any one of its Affiliates without the consent of Buyer. In the event of any permitted assignment, Buyer shall nevertheless not be relieved of liability for performance of its obligations under this Agreement unless and until expressly agreed by Seller in writing.

u.     Headings: Section headings used herein are for convenience of reference only, are not part of this Agreement and shall not affect the construction of, or be taken into consideration in interpreting, this Agreement.

v.     Descriptive Literature: Drawings, pictures, descriptive matter, information expressed or implied in Seller’s catalog, website, price sheets or other communications (other than Seller’s quotations) are intended to reflect the general features of the Goods and do not form a part of this Agreement.

w.    Entire Agreement: Any statement, representation, agreement or understanding, oral or written, made by any person (including, without limitation, any agent, distributor, representative or employee of Seller) that is not contained in this Agreement shall not be binding upon Seller unless made in writing and executed by an authorized officer of Seller. For clarity, no replacement, refund, or adjustment made pursuant to this Agreement shall be construed as an admission by Seller that any Goods were not as warranted.

Notice. All notices, consents, waivers and other communications under this Agreement must be in writing and shall be deemed to have been duly given when (i) delivered by hand (with written confirmation of receipt), (ii) sent by email (with read receipt requested, with the receiving Party being obligated to respond affirmatively to any read receipt requests delivered by the other Party), (iii) received by the addressee, if sent by a delivery service (prepaid, receipt requested) or (iv) received by the addressee, if sent by registered or certified mail (postage prepaid, return receipt requested), in each case to the appropriate addresses and representatives (if applicable). Such notices shall be provided to the individuals and locations set forth in the Contract