The handling of combustible particulate solids, powders and dust (generally referred to as "dust" hereinafter for simplicity) carries inherent risks in the form of combustible dust fires and explosions. These risks are present across a wide range of facilities, procedures, equipment types and dust types. Although Flexicon is an expert in the physical properties associated with powder flow and conveyance, Flexicon and its employees are not experts in the field of combustible dusts and the hazards associated with handling combustible particulate solids, nor is Flexicon or its employees experts in risk mitigation methods associated with the handling of combustible powders and dust. In accordance with National Fire Protection Agency (NFPA) standards (including, but not limited to NFPA 652: Standard on the Fundamentals of Combustible Dust), the owner/operator of a facility with potentially combustible dust is responsible for: 1) determining the combustibility and explosibility hazards of materials, 2) identifying and assessing any fire, flash fire and explosion hazards, 3) managing the identified fire, flash fire and explosion hazards and 4) communicating the hazards to affected personnel. A key required element of determining the combustibility and explosibility hazards for the owner/operator is to conduct a dust hazard analysis (DHA). In accordance with NFPA standards, a DHA for any and all processes had a completion deadline of September 7, 2020. Further, NFPA 652 dictates that a DHA must be reviewed and updated every (5) years.
In order to facilitate a DHA for any current or future process that includes Flexicon equipment, Flexicon can provide information upon request relating to the designs of Flexicon equipment and the specific materials used in the construction of any of Flexicon's products. FLEXICON EXPRESSLY DISCLAIMS LIABILITY FOR ANY PERSONAL INJURY, PROPERTY, OR OTHER DAMAGES OF ANY NATURE WHATSOEVER, WHETHER SPECIAL, INDIRECT, CONSEQUENTIAL OR COMPENSATORY, DIRECTLY OR INDIRECTLY RELATING TO COMBUSTION, DEFLAGRATION OR EXPLOSION OF COMBUSTIBLE DUST RESULTING FROM THE USE OF ANY INFORMATION OR EQUIPMENT PROVIDED BY FLEXICON. IN PROVIDING INFORMATION OR EQUIPMENT, FLEXICON IS NOT UNDERTAKING TO RENDER PROFESSIONAL OR ANY OTHER SERVICES FOR OR ON BEHALF OF ANY ENTITY RELATING TO THE SAFE AND PROPER HANDLING OF COMBUSTIBLE DUSTS. FURTHER, FLEXICON EQUIPMENT IS NOT DESIGNED WITH ANY SPECIFIC INTENT TO MITIGATE THE RISK OF COMBUSTION OR EXPLOSION OF DUST, BUT RATHER FLEXICON WARRANTS ONLY THE EQUIPMENT PERFORMANCE, MATERIALS OF CONSTRUCTION AND SCOPE OF SUPPLY AS SPECIFICALLY DESCRIBED IN OUR PROPOSALS. IT IS THE PURCHASER'S RESPONSIBILITY TO REQUEST DESIGN CHANGES SHOULD THE RESULTS OF A DHA DEEM IT NECESSARY IN ORDER TO MAINTAIN COMPLIANCE WITH ANY APPLICABLE NFPA STANDARDS. THE PURCHASER IS ASSUMING ALL RISKS ASSOCIATED WITH COMBUSTION, DEFLAGRATION, OR EXPLOSION OF DUST.
Any person or entity that is processing combustible materials should rely on his or her own independent judgement, or as appropriate, seek the advice of a competent professional in determining the exercise of reasonable care in the operation of a facility that processes combustible materials. Should the owner/operator request that changes be made to the design of Flexicon equipment as a result of a DHA, Flexicon will modify the design of our equipment as requested and notify the purchaser of any associated costs and/or production lead times.