Common use of Claims for defects Clause in Contracts

Claims for defects. 10.1. In case of defects in the service, the Customer shall be entitled to his statutory rights. quintly shall decide whether to remedy the defect by rectification or new delivery. 10.2. quintly’s strict liability for compensation of damages (section 536a German Civil Code) for defects that existed at the time of contract conclusion is excluded unless the matter concerns a quality assured by quintly (guarantee, section 276 Sec. 1 German Civil Code). 10.3. A prescription period of one year is agreed upon for claims for defects. This period does not apply to claims for compensation of damages due to the breach of claims for defects; in this regard, the provisions concerning liability are applicable. 10.4. If the Customer reports a defect and quintly’s intervention shows that there is none, the Customer shall refund quintly for the costs incurred. Such costs shall be calculated one the basis of the hourly rate agreed upon, or in the absence of an agreement, on the basis of reasonable hourly rates. This clause shall not apply if the non-existence of the defect was not recognizable to the Customer when applying the care and knowledge to be expected of him. 10.5. For features, services, software or other offers that are explicitly provided as a beta-version, any claims for defects are excluded, unless quintly can be accused of intentional misconduct. The essence of such beta-versions is that they are unfinished and may have defects. Such defects can lead to loss of data or functionality of quintly. The Customer shall therefore only use a beta version if the presence of such defects is not prejudicial to the Customer and cannot cause damages for which the Customer would like to hold quintly or third parties liable. 10.6. The Customer shall notify quintly without delay if quintly Services are affected by a defect. If because of the failure or delay of notification quintly was unable to remedy the situation, the Customer is not entitled • to reduce all or parts of the agreed remuneration for the corresponding period, • to demand compensation of the damage caused by the defect, • or to exceptionally terminate the contract without a notice period. The Customer must demonstrate that he was not responsible for failure of notification.

Claims for defects. 10.1. In If there is no case of Section 327t German Civil Code [ Bürgerliches Ge- setzbuch – BGB], claims for defects can only be asserted by the client to the following extent: 6.1. Claims for defects require proper fulfilment of the inspection and no- tification obligations by the client in accordance with section 377 of the serviceGerman Commercial Code [Handelsgesetzbuch – HGB] and a written notifi- cation of defects without undue delay. 6.2. NTT shall remedy defects the causes of which existed prior to the passing of risk by way of subsequent performance, at NTT's option, either by delivery of faultless Software or by rectification, provided that the Customer shall be entitled to his statutory rights. quintly shall decide whether to remedy cause of the defect by rectification or new delivery. 10.2. quintly’s strict liability for compensation of damages (section 536a German Civil Code) for defects that existed at the time of contract conclusion is excluded unless the matter concerns a quality assured by quintly (guarantee, section 276 Sec. 1 German Civil Code)passing of risk. 10.36.3. A prescription period The expenses arising from the fact that the supplementary perfor- ▇▇▇▇▇ has to be rendered at a place other than the contractually agreed place of one year is agreed upon performance shall be borne by the client. 6.4. Claims for defects shall become time-barred twelve months after transfer of risk; whereby the following shall be excepted: claims for defectspursuant to Sections 438 (1) no. This period does not apply to 2 and Section 634a (1) no. 2 BGB; claims for compensation of damages due to the injury to life, limb or health; claims due to a grossly negligent or wilful breach of claims for defects; in this regardobligations, fraudulent misrepresentation, or the non-fulfilment of a contrac- tually guaranteed characteristic. The applicable statutory provisions concerning liability are applicableregard- ing the suspension and resumption of periods shall remain unaffected hereby. 10.46.5. Liability for material defects shall be excluded in the event of damage caused by faulty or negligent handling, non-observance of the documenta- tion or other circumstances for which NTT is not responsible, as well as in the event of an insignificant deviation from the agreed quality or an insig- nificant impairment of the usability. 6.6. If the Customer reports a defect and quintly’s intervention shows that there is none, the Customer shall refund quintly for the costs incurred. Such costs shall be calculated one the basis of the hourly rate agreed upon, or in the absence of an agreement, on the basis of reasonable hourly rates. This clause shall not apply if the non-existence of the defect was not recognizable to the Customer when applying the care and knowledge to be expected of him. 10.5. For features, services, software or other offers that are explicitly provided as a beta-version, any claims for defects are excluded, unless quintly can be accused of intentional misconduct. The essence of such beta-versions is that they are unfinished and may have defects. Such defects can lead to loss of data or functionality of quintly. The Customer shall therefore only use a beta version if the presence of such defects is not prejudicial to the Customer and cannot cause damages for which the Customer would like to hold quintly or third parties liable. 10.6. The Customer shall notify quintly without delay if quintly Services are affected by a defect. If because of the failure or delay of notification quintly was unable attempt to remedy the situationdefect fails, the Customer is not entitled • to client may withdraw from the contract or reduce all or parts the price. 6.7. Claims of the agreed remuneration client for damages, damages in lieu of performance or for reimbursement of expenses shall only exist under the prerequisites con- ditions set out in Section 7. 6.8. The client shall grant NTT the time and opportunity necessary in its reasonable discretion for the corresponding periodsupplementary performance. 6.9. NTT may also fulfil its obligation to fulfil defect claims by remote di- agnosis with prior notice to the client, • to demand compensation of provided that the damage caused by the defect, • or to exceptionally terminate the contract without a notice period. The Customer must demonstrate that he was not responsible technical prerequi- sites for failure of notificationthis are given.

Claims for defects. 10.110.1 The limitation period for claims for defects is 12 months, calculated from the transfer of risk. In case This does not apply if longer periods are stipulated in accordance with §§ 438 Para. 1 No. 2 (buildings and items for buildings), 479 Para. 1 (right of defects recourse), 634 a (construction defects) and § 438 Para. 3 (malice) German Civil Code (BGB) and for liability for damage resulting from injury to life, limb or health, as well as for liability for damage based on an intentional or grossly negligent breach of duty. 10.2 Complaints must be reported to us in writing immediately, but no later than one week after delivery (obvious defects) or discovery of the servicedefect. Otherwise, the assertion of deficiency claims is excluded. Customer shall be entitled to his statutory rights. quintly shall decide whether to remedy the defect by rectification or new delivery. 10.2. quintly’s strict liability for compensation of damages (section 536a German Civil Code) claims for defects also presuppose that existed at the time Customer has properly complied with the statutory inspection and notification obligations (in particular according to § 377 of contract conclusion is excluded unless the matter concerns German Commercial Code (HGB)). We do not agree to a quality assured by quintly restriction of the Customer's statutory inspection and notification obligations (guarantee, section 276 Sec. 1 in particular according to § 377 of the German Civil CodeCommercial Code (HGB)). 10.310.3 If there is a defect, we are entitled to subsequent performance in the form of remedying the defect or delivering a new item free of defects. 10.4 The Customer agrees with us that if the Customer has a claim for subsequent performance (rectification or subsequent delivery), the more cost-effective option expenses increase due to the fact that the goods were subsequently taken to a place other than the place of delivery, unless the shipment corresponds to its intended use. 10.6 In the case of notifications of defects, payments by the Customer may only be withheld to an extent that is in reasonable proportion to the defects that have occurred. A prescription period The Customer can only withhold payments if a justified notice of one year defects is agreed upon asserted. 10.7 If the notice of defects is culpably wrong, we are entitled to demand reimbursement from the Customer for the expenses incurred by us as a result of the unjustified notice of defects. 10.8 Customer claims for defects. This period does defects do not apply exist - in case of natural wear and tear - in the event of problems and/or damage occurring after the transfer of risk as a result of incorrect or negligent handling of the goods, - in the event of problems and/or damage occurring after the transfer of risk as a result of excessive stress or unsuitable equipment, - in the event of problems and/or damage occurring after the transfer of risk due to special external influences that are not provided for in the contract, - if improper changes or repair work are carried out by the Customer or third parties, - if the Customer or third parties make changes to the goods without our prior con- sent or without this being expressly permitted in our sales documents, - if the Customer or a third party equips the goods with accessories that are not approved or recommended by us. 10.9 Statutory recourse claims of the Customer against us only exist insofar as the Customer has not made any agreements with his Customer that go beyond the claims for defects based on German law. 10.10 Section 12 of these GTC applies to claims for compensation of damages due to the breach of claims for defects; in this regard, the provisions concerning liability are applicabledamages. 10.4. If the Customer reports a defect and quintly’s intervention shows that there is none, the Customer shall refund quintly for the costs incurred. Such costs shall be calculated one the basis of the hourly rate agreed upon, or in the absence of an agreement, on the basis of reasonable hourly rates. This clause shall not apply if the non-existence of the defect was not recognizable to the Customer when applying the care and knowledge to be expected of him. 10.5. For features, services, software or other offers that are explicitly provided as a beta-version, any claims for defects are excluded, unless quintly can be accused of intentional misconduct. The essence of such beta-versions is that they are unfinished and may have defects. Such defects can lead to loss of data or functionality of quintly. The Customer shall therefore only use a beta version if the presence of such defects is not prejudicial to the Customer and cannot cause damages for which the Customer would like to hold quintly or third parties liable. 10.6. The Customer shall notify quintly without delay if quintly Services are affected by a defect. If because of the failure or delay of notification quintly was unable to remedy the situation, the Customer is not entitled • to reduce all or parts of the agreed remuneration for the corresponding period, • to demand compensation of the damage caused by the defect, • or to exceptionally terminate the contract without a notice period. The Customer must demonstrate that he was not responsible for failure of notification.