Common use of Liability for defects Clause in Contracts

Liability for defects. 5.1 The Customer is required to inspect the delivered Products without undue delay after delivery and to report any defects. 5.2 The delivered Products are deemed to have been approved if ▇▇▇▇, with regard to obvious defects, obvious shortages or other defects which were or would have been identifiable in the course of an immediate, careful inspection, has not received notifi- cation of the defect within 7 days of delivery of the product, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of the defect or the time at which the defect was identifiable to the Customer in the course of normal use of the Product without closer inspection. 5.3 In the event of a justified complaint, the Customer will be entitled to two attempts to rectify defects or make a replacement delivery at ▇▇▇▇'▇ discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessful, the Customer will be entitled to the statutory rights, subject to the provisions of clause 7. Subsequent performance will include neither removal of the defective item nor reassembly if ▇▇▇▇ was not originally required to carry out assembly. The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because the subject matter of the contract is located at a place other than our Customer's place of performance, will be borne by ▇▇▇▇ if there is actually a defect. Otherwise, ▇▇▇▇ may demand compensation from the Customer for the costs incurred by the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customer. ▇▇▇▇ can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards ▇▇▇▇ to an extent that corresponds to the defect-free part of the service provided. 5.4 No warranty will be assumed, in particular, in the following cases: Unsuitable or in- correct use by the Customer or by third parties instructed by the Customer, in particular through the use of insufficiently qualified personnel, faulty assembly or commission- ing, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided ▇▇▇▇ is not responsible for these circumstances. 5.5 ▇▇▇▇ is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties. 5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless ▇▇▇▇ has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk. 5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless ▇▇▇▇ has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed the defect.

Liability for defects. 5.1 9.1. The Products and Services have the agreed properties and condition and are suitable for the contractually agreed use or, where no agreement exists, are fit for normal use. Without explicit Contract, an exclusive guarantee is only provided concerning freedom from Defects reflecting state- of-the-art technological standards. The Customer is required bears sole responsibility for the suitability and safety of the Products and/or Services for a Customer application. No consideration shall be given to inspect the delivered Products without undue delay after delivery and to report any defectsan insignificant reduction in quality. 5.2 The delivered 9.2. Claims under the guarantee are excluded in case of the following: 9.2.1. if the Products are deemed to have been approved not stored, installed, operated or used properly by the Customer or a third party, 9.2.2. in case of natural wear and tear, 9.2.3. if ▇▇▇▇, the Product is not maintained properly, 9.2.4. if the Product is used in conjunction with regard to obvious defects, obvious shortages unsuitable equipment, 9.2.5. in case of damage caused by repairs or other defects work carried out by third parties which were or would have been identifiable in not expressly approved by the course Seller. 9.3. In case of an immediatematerial Defects, careful inspection, has not received notifi- cation the Seller reserve the right to remedy said Defects first. Remedying of the defect within 7 days Defect shall be realised according to the Seller’s choice by correction of the Defect, by delivery of the product, or otherwise – in the case of unclear or hidden defects – within 7 days Products and/or Services which are free of the discovery Defect or by the Seller indicating options for avoiding the effects of the defect Defect. At least two attempts to remedy a Defect must be accepted. The Customer shall accept an equivalent new or the time at which the defect was identifiable to the Customer in the course of normal use earlier version of the Product without closer inspectionwhich is free of the Defect as a remedy if this can be considered reasonable for the Customer. Any expense incurred by the Customer within the framework of the subsequent performance for the removal of the defective Products and the installation or mounting of the reworked or delivered Products that are free of Defects are to be borne by the Customer. 5.3 In the event of a justified complaint, 9.4. If the Customer will be entitled to two attempts to rectify defects or make a replacement delivery at ▇▇▇▇'▇ discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessful, incurs expenses for the Customer will be entitled to the statutory rights, subject to the provisions of clause 7. Subsequent performance will include neither removal of the defective item nor reassembly if ▇▇▇▇ was not originally within the scope of the subsequent performance, the Seller shall bear these proven costs up to the net price of the concrete defective product. However, at all time, the Seller is required to carry out assemblybe contacted for removal of any defect, the Seller shall not entertain any claim or payment if the Customer engaged a third party for removal of such defect. 9.5. The Customer shall support the Seller with regard to the analysis and remedying of Defects by, in particular, accurately describing problems which occur, informing the Seller comprehensively and granting the Seller necessary time and opportunity to remedy problems. 9.6. The Seller can demand payment if additional costs are incurred by the Seller due to the Products or Services being altered or incorrectly operated. The Seller can demand reimbursement of expenses required if no Defect is found. The burden of proof lies with the Customer shall apply correspondingly. 9.7. If expenses, particularly transport, travel, work and material costs, increase during the attempt to remedy the Defect, the Seller are not obliged to bear these costs if expenses increase due to the fact that the delivery item was subsequently transported by the Customer to a location other than the delivery address, unless this transport complies with its contractual and intended use. Personnel and material costs which the Customer claims due to deficiencies relating to the Services must be charged on the basis of net cost prices. 9.8. Faulty Products may only be returned to the Seller for the purpose of inspection and subsequent performance, performance following prior written consent in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because compliance with the subject matter Seller’s existing rules for this purpose. The risk of accidental destruction or deterioration of the contract Products is located only transferred at a place other than our Customer's place the time of performance, will be borne by ▇▇▇▇ if there is actually a defect. Otherwise, ▇▇▇▇ may demand compensation from the Customer for the costs incurred acceptance by the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customer. ▇▇▇▇ can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards ▇▇▇▇ to an extent that corresponds to the defect-free part of the service provided. 5.4 No warranty will Seller at such place as may be assumed, in particular, in the following cases: Unsuitable or in- correct use specified by the Customer or by third parties instructed by the Customer, in particular through the use of insufficiently qualified personnel, faulty assembly or commission- ing, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided ▇▇▇▇ Seller. The Seller is not responsible for these circumstancesentitled to reject returned Products without prior consultation. 5.5 ▇▇▇▇ is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties. 5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless ▇▇▇▇ has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk. 5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless ▇▇▇▇ has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed the defect.

Liability for defects. 5.1 The Customer is required 13.1. Supplier warrants that the Products conform to inspect the delivered agreed characteristics (e.g., specifications) and are otherwise also free of defects, in particular that 13.2. Compliance with test requirements or approvals on the part of BHTC shall not release Supplier from the obligation to deliver Products without undue delay after delivery and that are free of defects. If BHTC consents to report any defectsspecifications, drawings, calculations or other documents of Supplier, this shall also not affect Supplier’s sole responsibility for the Products. This shall also apply to any proposals, recommendations or any other acts of cooperation of BHTC. 5.2 The delivered Products are deemed to have been approved if ▇▇▇▇, with regard to obvious defects, obvious shortages or other defects which were or would have been identifiable in the course of an immediate, careful inspection, has not received notifi- cation of the defect within 7 days of delivery of the product, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of the defect or the time at which the defect was identifiable to the Customer in the course of normal use of the Product without closer inspection. 5.3 13.3. In the event of a justified complaintdelivery of defective Products, the Customer will BHTC shall in particular be entitled to two attempts demand immediate subsequent performance. 13.4. To the extent that any customers of BHTC use a reference market procedure or similar procedure customary in the automotive industry to rectify determine and account for warranty claims and invoke such procedure against BHTC due to any defect in BHTC products which result from defects or make a replacement delivery at ▇▇▇▇'▇ discretion free in Products of charge within a reasonable period of time. Shortages Supplier, such procedure will also be delivered subsequentlyapplied to the supply relationship between Supplier and BHTC. If two attempts no such procedure to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessfuldetermine and account for warranty claims is applied and no other agreement has been concluded between BHTC and Supplier in that respect, defective Products shall be made available – to the Customer will extent actually and legally possible – to Supplier upon request and at Supplier’s expense and risk. BHTC shall be entitled to dispose of defective Products not requested by Supplier at Supplier’s expense. 13.5. If Supplier permanently refuses subsequent performance or if Supplier does not comply with BHTC’s request for subsequent performance despite setting a reasonable deadline and if there is a threat of supply shortages in the statutory rightssupply chain or if, subject under consideration of the interests of both parties, BHTC may not reasonably be expected to accept subsequent performance by Supplier for any other reason (e.g., in urgent cases to prevent further damage), BHTC may, without setting a deadline, at its option (i) carry out any possible rectification itself or arrange for it to be carried out by third parties to the provisions extent necessary to comply with its own delivery obligations, (ii) procure defect-free products from third parties, (iii) reduce the purchase price, or (iv) waive replacement delivery by charging back the invoice value of clause 7the defective Products. Subsequent performance will include neither The (additional) costs incurred in this respect shall be borne by Supplier. 13.6. Supplier shall be obliged to reimburse all defect-related expenses, in particular travel and transport costs (including freight and packaging), labor and material costs, including expenses for the removal of the defective item nor reassembly if ▇▇▇▇ was not originally required to carry out assembly. The expenses required for Product and the purpose installation of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because the subject matter of the contract is located at a place other than our Customer's place of performance, will be borne by ▇▇▇▇ if there is actually a defect. Otherwise, ▇▇▇▇ may demand compensation from the Customer for the costs incurred by the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customer. ▇▇▇▇ can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards ▇▇▇▇ to an extent that corresponds to the defect-free Product or the replacement of defective software as well as necessary testing and sorting costs (e.g., in case of extended incoming goods inspection), irrespective of whether such costs were incurred by Supplier, by BHTC or by third parties. In the event that BHTC uses its own personnel or internal resources for necessary testing and sorting activities in lieu of third parties assigned for this purpose, the corresponding evidenced time expenditure may be invoiced to Supplier on the basis of an appropriate internal hourly rate. 13.7. In the event of series damage (accumulation of Product defects with the same cause), to the extent that a defect analysis is uneconomical, not possible or not reasonable in individual cases, Supplier shall also reimburse the above-mentioned costs for such part of the service providedaffected series which technically has no defect. In this respect as well Supplier shall be obliged to subsequently deliver defect-free Products. 5.4 No warranty will 13.8. Unless the parties have explicitly agreed otherwise in writing, claims arising from the liability for defects shall become statute-barred upon expiry of 54 months of delivery to BHTC. 13.9. In case that the statutory basis of claims for damages, costs and reimbursement of expenses requires fault on the part of the Supplier, this shall not be assumed, in particular, in the following cases: Unsuitable or in- correct use excluded by the Customer or by third parties instructed by the Customer, in particular through the use preceding provisions of insufficiently qualified personnel, faulty assembly or commission- ing, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided ▇▇▇▇ is not responsible for these circumstances. 5.5 ▇▇▇▇ is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties. 5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless ▇▇▇▇ has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk. 5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless ▇▇▇▇ has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed the defect.this Clause

Liability for defects. 5.1 The Customer is required to inspect the delivered Products without undue delay after delivery and to report any defects. 5.2 The delivered Products are deemed to have been approved if ▇▇▇▇, with regard to obvious defects, obvious shortages or other defects which were or would have been identifiable in the course of an immediate, careful inspection, has not received notifi- cation notification of the defect within 7 days of delivery of the product, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of the defect or the time at which the defect was identifiable to the Customer in the course of normal use of the Product without closer inspection. 5.3 In the event of a justified complaint, the Customer will be entitled to two attempts to rectify defects or make a replacement delivery at ▇▇▇▇'’▇ discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessful, the Customer will be entitled to the statutory rights, subject to the provisions of clause 7. Subsequent performance will include neither removal of the defective item nor reassembly if ▇▇▇▇ was not originally required to carry out assembly. The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because be- cause the subject matter of the contract is located at a place other than our Customer's ’s place of performance, will be borne by ▇▇▇▇ if there is actually a defect. Otherwise, ▇▇▇▇ may demand compensation from the Customer for the costs incurred by the unjustified request for rectification of the defect (in particular inspection inspec- tion and transport costs), unless the lack of defectiveness was not identifiable for the Customer. ▇▇▇▇ can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards ▇▇▇▇ to an extent that corresponds to the defect-free part of the service provided. 5.4 No warranty will be assumed, in particular, in the following cases: Unsuitable or in- correct incorrect use by the Customer or by third parties instructed by the Customer, in particular through the use of insufficiently qualified personnelperson- nel, faulty assembly or commission- ingcommissioning, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided ▇▇▇▇ is not responsible for these circumstancescircum- stances. 5.5 ▇▇▇▇ is also not required to provide a warranty insofar as defects of Products are based on defective materials mate- rials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording according to construction plans of third parties. 5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless ▇▇▇▇ has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 The warranty period will be one year from delivery or, where acceptance was stipu- latedstipulated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning com- missioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk. 5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless ▇▇▇▇ has caused the defect intentionally or by gross neg- ligence negligence or has fraudulently concealed the defect.

Liability for defects. 5.1 The Customer is required to inspect the delivered Products without undue delay after delivery and to report any defects. 5.2 The delivered Products are deemed to have been approved if ▇▇▇▇▇▇▇, with regard to obvious defects, obvious shortages or other defects which were or would have been identifiable in the course of an immediate, careful inspection, has not received notifi- cation notification of the defect within 7 days of delivery of the product, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of the defect or the time at which the defect was identifiable to the Customer in the course of normal use of the Product without closer inspection. 5.3 In the event of a justified complaint, the Customer will be entitled to two attempts to rectify defects or make a replacement delivery at ▇▇▇▇▇▇▇'▇ discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessful, the Customer will be entitled to the statutory rights, subject to the provisions of clause 7. Subsequent performance will include neither removal of the defective item nor reassembly if ▇▇▇▇▇▇▇ was not originally required to carry out assembly. The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because the subject matter of the contract is located at a place other than our Customer's place of performance, will be borne by ▇▇▇▇▇▇▇ if there is actually a defect. Otherwise, ▇▇▇▇▇▇▇ may demand compensation from the Customer for the costs incurred by the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customer. ▇▇▇▇▇▇▇ can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards ▇▇▇▇ WALTHER to an extent that corresponds to the defect-free part of the service provided. 5.4 No warranty will be assumed, in particular, in the following cases: Unsuitable or in- correct incorrect use by the Customer or by third parties instructed by the Customer, in particular through the use of insufficiently qualified personnel, faulty assembly or commission- ingcommissioning, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided ▇▇▇▇▇▇▇ is not responsible for these circumstances. 5.5 ▇▇▇▇ WALTHER is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording according to construction plans of third parties. 5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless ▇▇▇▇▇▇▇ has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 The warranty period will be one year from delivery or, where acceptance was stipu- latedstipulated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk. 5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless ▇▇▇▇▇▇▇ has caused the defect intentionally or by gross neg- ligence negligence or has fraudulently concealed the defect.

Liability for defects. 5.1 The Customer 9.1 We shall check immediately after receiving the Contractual Products whether they correspond to the ordered quantity and the ordered model and whether there is required any externally visible transport damage (“obvious defects”). Any defects ascertained during this inspection shall be notified immediately. We are not obliged to inspect carry out any further inspections. We shall immediately notify the delivered Products without undue delay after delivery and to report supplier of any defects. 5.2 The delivered other defects that are not detected until the Contractual Products are deemed processed or used for their intended purpose (“hidden defects”). The supplier waives his right to have been approved if ▇▇▇▇, with regard to obvious defects, obvious shortages or other defects which were or would have been identifiable in the course of an immediate, careful inspection, has not received notifi- cation of the defect within 7 days of delivery of the product, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of the defect or the time at which the defect was identifiable object to the Customer in notice of defects on the course grounds of normal use of the Product without closer lateness with respect to hidden defects. The supplier shall undertake to gear his quality management system and his quality assurance measures to this reduced incoming goods inspection. 5.3 9.2 The statutory provisions on material defects and/or defects in title shall apply unless otherwise stipulated below. 9.3 The supplier shall ensure that the Contractual Products are free from defects and conform to the agreed specifications as well as the recognised rules of the technology. The Supplier shall maintain a procedure for the prevention of counterfeit parts. The supplier must prevent the use or delivery of fake/counterfeit parts. Upon request, the supplier shall provide evidence of the origin of the respective products. 9.4 If we agree to drawings, calculations or other documents of the supplier, this shall not affect the supplier’s sole responsibility for the Contractual Product, and in particular we shall not waive our warranty claims as a result. This also applies to suggestions, recommendations or other collaborative actions on our part which relate to the deliveries of the supplier. 9.5 If the supplier has to recognise on the basis of his expert knowledge that the order we placed is incomplete or that the purpose we were pursuing with the order cannot be achieved by the delivery, he shall inform us hereof promptly and comprehensively in writing. 9.6 In general, we are entitled to choose the event type of subsequent performance. The supplier may refuse to carry out the type of subsequent performance we have chosen if it is only possible with disproportionate costs. In case of a justified complaintrepair, the Customer will repair is considered unsuccessful after a first unsuccessful repair attempt. 9.7 In case, supplier doesn´t immediately start with subsequent performance after our request or in case subsequent performance would obviously take too much time, we shall be entitled in urgent cases, especially to two attempts avert acute danger or to rectify defects prevent more extensive damage, to carry out these works ourselves or have them carried out by a third party at the supplier's expense. If we legitimately make a replacement delivery at ▇▇▇▇'▇ discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts covering purchase for time reasons according to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessfulthe above measure, the Customer will be entitled to supplier shall reimburse us for the statutory rights, subject to the provisions of clause 7. Subsequent performance will include neither removal associated additional costs. 9.8 The supplier shall also reimburse us for any necessary expenses incurred as a result of the defective item nor reassembly if ▇▇▇▇ was not originally required to carry out assembly. The expenses required for the purpose of inspection and subsequent performancedelivery, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because the subject matter of the contract is located at a place other than our Customer's place of performance, will be borne by ▇▇▇▇ if there is actually a defect. Otherwise, ▇▇▇▇ may demand compensation from the Customer for the costs incurred by the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customer. ▇▇▇▇ can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards ▇▇▇▇ to an extent that corresponds to the defect-free part of the service provided. 5.4 No warranty will be assumedsuch as, in particular, in sorting costs and, if we have already installed the following cases: Unsuitable or in- correct use by supplied defective products, the Customer or by third parties instructed by costs for removing the Customer, in particular through the use of insufficiently qualified personnel, faulty assembly or commission- ing, natural wear defective products and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, installing non-defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided ▇▇▇▇ is not responsible for these circumstancesproducts. 5.5 ▇▇▇▇ is also not required to provide 9.9 Claims for defects shall become statute-barred within three years unless the item has been used for a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties. 5.6 A delivery of used Products agreed building in compliance with the Customer in the individual case is made to the exclusion of any warranty, unless ▇▇▇▇ its customary use and has caused the defect intentionally or through gross negligence or has fraudulently concealed defectiveness thereof; in this case a period of five years shall apply. The period of limitation shall commence upon delivery of the defect. 5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the Contractual Product (transfer of risk). 5.8 The 9.10 If the supplier fulfils his obligation of subsequent performance by delivering a substitute, the limitation period begins anew for the goods delivered as a substitute after their delivery unless the supplier expressly and correctly reserved the right to effect substitute delivery based solely on goodwill, in order to avoid disputes or in the interests of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless ▇▇▇▇ has caused continuing the defect intentionally or by gross neg- ligence or has fraudulently concealed the defectdelivery relationship.

Liability for defects. 5.1 9.1 The Customer Supplier is required liable to inspect ensure that the delivered Products without undue delay after in all essential aspects correspond to the information provided by the Supplier at the Supplier Website. 9.2 A Product shall be deemed defective if it deviates from Section 9. 1. The Supplier’s liability for defective Products is limited to defects which existed at the time of delivery and which appear and are notified to report any defects. 5.2 The delivered Products are deemed the Supplier in writing in accordance with Sections 9.3 and 9.4 within sixty (60) days of delivery. All claims shall be made to have been approved if ▇▇▇▇, with regard to obvious defects, obvious shortages or other defects which were or would have been identifiable in the course of an immediate, careful inspection, has not received notifi- cation of the defect within 7 days of delivery of the product, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of the defect or the time at which the defect was identifiable to the Customer in the course of normal use of the Product without closer inspection. 5.3 In the event of a justified complaint, the Customer will be entitled to two attempts to rectify defects or make a replacement delivery at ▇▇▇▇'▇ discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessful▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. 9.3 Upon delivery, the Customer will shall without undue delay inspect the Products delivered and notify the Supplier of any defects in the Products discovered during such inspection. The Customer shall not be entitled to any claim based on defects in the statutory rights, subject Products which the Customer ought to have discovered during an inspection in accordance with this Section 9.3. 9.4 In addition to the provisions foregoing, the Customer shall notify the Supplier of clause any claims without undue delay, but at the latest within seven (7. Subsequent performance will include neither removal ) days from when the Customer became aware, or should have become aware, of the defective item nor reassembly if ▇▇▇▇ was not originally required to carry out assembly. The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because the subject matter of the contract is located at a place other than our Customer's place of performance, will be borne by ▇▇▇▇ if there is actually a defect. Otherwise, ▇▇▇▇ may demand compensation from the Customer for the costs incurred by the unjustified request for rectification The Customer’s notice shall include a clear description of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customerhow it first appeared. ▇▇▇▇ can refuse to rectify defects or make a replacement delivery if If the Customer does not fulfil its payment obligations towards ▇▇▇▇ fails to an extent that corresponds provide a notice in compliance with the aforementioned, the Customer shall have forfeited the right to invoke the defect-free part of the service provided. 5.4 No warranty will 9.5 The Supplier shall not be assumed, liable for any defects in particular, in the following cases: Unsuitable Products arising out of or in- correct use due to any material provided by the Customer or by third parties instructed any construction or design proposed or specified by the Customer. Nor shall the Supplier be liable for any defect caused by the Customer or any third party not adhering to the Supplier’s care or operating instructions, in particular through the use of insufficiently qualified personnelor for any defect caused by improper use, faulty assembly or commission- ing, natural wear and tear (wearing parts)installation, faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical maintenance or electrical influences, provided ▇▇▇▇ is not responsible for these circumstancesnormal wear and tear or deterioration. 5.5 ▇▇▇▇ 9.6 If a Product is also not required to provide a warranty insofar as defects of Products are based on deemed defective materials supplied by under Section 9.1 and the Customer or insofar as defects of Products are is entitled to make a claim against the Supplier based on the fact that defect, the Customer has prescribed Supplier undertakes to, at its own discretion, rectify the execution of the order ac- cording to construction plans of third parties. 5.6 A delivery of used Products agreed defect or deliver a substitute product. The Parties may also agree on a price reduction with the Customer in the individual case is made an amount corresponding to the exclusion value of any warranty, unless ▇▇▇▇ has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 9.7 Upon return of any defective Products, the Customer shall comply with the Supplier’s at each time applicable guidelines for returns and claims. The warranty period will be one year from delivery orCustomer is not entitled to use or scrap, where acceptance was stipu- latedor allow any third party to use or scrap, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shippingany Products which the Customer has made a complaint about, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after without the transfer of riskSupplier’s prior written consent. 5.8 The right 9.8 For the avoidance of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excludeddoubt, unless ▇▇▇▇ has caused specified in this Section 9, the defect intentionally or by gross neg- ligence or has fraudulently concealed Customer is not entitled to return any Products to the defectSupplier.

Liability for defects. 5.1 1. The Service Provider is responsible for performing the subject hereof always in line with the terms hereof under the applicable legal regulations, professionally and with the best of knowledge. 2. The Service Provider is responsible for the work performed hereunder during a period of three (3) months from the date of completion of the service action. 3. In the case of delivery of spare parts purchased from subcontractors, the conditions and warranty period provided by the subcontractors shall apply. 4. The Service Provider shall be liable for defects, which the service action has demonstrated during execution and the warranty period thereof, in the sense of the definition referred to in the following Point 5 of this Article. 5. For the purposes hereof, a defect shall be understood as a deviation in the quality, quantity, or parameters of service works performed, or spare parts supplied, as specified in the technical standards and the generally binding regulations, and which prevents the correct and fault-free use of the equipment. 6. The Customer is required obliged to inspect the delivered Products raise a possible claim for a defect in performance in writing without undue delay after delivery and to report any defectsthe defect has been discovered. 5.2 7. The delivered Products are deemed to Parties have been approved if ▇▇▇▇agreed that, with regard to obvious defects, obvious shortages or other defects which were or would have been identifiable in the course of an immediate, careful inspection, has not received notifi- cation of event that the defect within 7 days of delivery of service work provided is defective during the product, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of the defect or the time at which the defect was identifiable to the Customer in the course of normal use of the Product without closer inspection. 5.3 In the event of a justified complaintwarranty period, the Customer will has the right to demand a defect to be entitled removed by the Service Provider free of charge, or defective parts of the equipment to two attempts to rectify defects or make a replacement delivery at ▇▇▇▇'▇ discretion be replaced for free of charge within a reasonable period with non-defective ones, and the Service Provider is obliged to remove the defect free of time. Shortages will be delivered subsequentlycharge. 8. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessfulit turns out that the claimed defect is irreparable, the Customer will be entitled Service Provider undertakes to provide an adequate discount on the statutory rights, subject to remuneration. Any discount shall not affect the provisions of clause 7. Subsequent performance will include neither removal of the defective item nor reassembly if ▇▇▇▇ was not originally required to carry out assembly. The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because the subject matter of the contract is located at a place other than our Customer's place of performance, will be borne right to warranty. 9. Exercising the right to claim defects in service works by ▇▇▇▇ if there is actually a defect. Otherwise, ▇▇▇▇ may the Customer does not affect the Customer's right to demand compensation from the Customer Service Provider. 10. The Service Provider shall not be liable for defects of parts that have arisen due to natural wear and tear during the use of the given equipment. The expected service life of the parts is indicated by the Service Provider in the List of Spare Parts for the costs incurred given equipment. 11. The Service Provider shall not be liable for damages caused by the unjustified request for rectification Customer's unprofessional actions or neglect of the defect (in particular inspection prescribed procedures for activities and transport costs), unless maintenance on the lack of defectiveness was not identifiable for the Customer. ▇▇▇▇ can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards ▇▇▇▇ to an extent that corresponds to the defect-free part of the service providedgiven equipment. 5.4 No warranty will 12. The Service Provider shall not be assumed, in particular, in the following cases: Unsuitable or in- correct use liable for damages caused by service actions performed by the Customer or by a third parties instructed by the Customer, in particular through the use of insufficiently qualified personnel, faulty assembly or commission- ing, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided ▇▇▇▇ is not responsible for these circumstancesparty. 5.5 ▇▇▇▇ is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties. 5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless ▇▇▇▇ has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk. 5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless ▇▇▇▇ has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed the defect.

Liability for defects. 5.1 The Customer is required 9.1 Deficiencies shall be deemed to inspect exist if deliveries and services deviate not only insignificantly from the delivered Products without undue delay after delivery and to report any defectsagreed target quality at the time of transfer of risk. 5.2 The delivered Products are deemed to have been approved if ▇▇▇▇9.2 We do not accept any liability for defects (co-)caused by un- foreseeable or improper use, with regard to obvious defectsthe use of unsuitable operating materials, obvious shortages incorrect or other defects which were negligent handling or would have been identifiable in the course storage, improper maintenance, spare parts, chemical, electrochemical or electrical influences or as a result of an immediatenatural wear and tear or corrosion not resulting from a manufacturing defect. 9.3 We sell used equipment as viewed, careful inspectionexcluding any warranty, has not received notifi- cation except for intent and fraudulent intent. 9.4 Immediately upon receipt of the defect goods, the customer shall inspect them for compliance with the contract, in particular for completeness and condition and, if applicable, transport damage. Noticeable deviations, defects and damage must be reported to us immediately, as well as before processing or treatment and at the latest within 7 days of delivery of the productafter receipt, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of same period after discovery, by written notification with detailed explanation. Otherwise the defect or warranty shall lapse. Transport damage must be noted on the time at which consign- ment note and the defect was identifiable to delivery note and confirmed by the Customer in the course of normal use of the Product without closer inspectiondriver’s signature. 5.3 In 9.5 If the event customer has duly complied with his obligations to give notice of a justified complaintdefects in accordance with clause 9.4, the Customer will be entitled to two attempts to rectify defects or make a replacement delivery at ▇▇▇▇'▇ discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessful, the Customer will he shall be entitled to the statutory rightswarranty rights in the event of a defect in accordance with the following provisions: 9.5.1 The choice of the type of subsequent performance is incumbent on the seller. In the event of defects, subject we shall provide warranty by subsequent performance in the form of rectification or replacement delivery at our own expense at the place of the original delivery. 9.5.2 If the customer has installed the defective goods in an- other item or attached them to another item in accord- ance with their nature and intended use, the customer may only claim compensation for the necessary ex- penses for removing the defective goods and installing or attaching the repaired or delivered non-defective goods (“removal and installation costs”) under the fol- lowing conditions: Only such removal and installation costs are required which are reasonably necessary and reasonable according to objective standards. Dispropor- tionate are removal and installation costs (1) whose value is disproportionate to the provisions of clause 7. Subsequent performance will include neither repaired or delivered goods and (2) which do not directly concern the removal or dismantling of the defective item nor reassembly if ▇▇▇▇ was not originally required to carry out assemblygoods and the installation or fitting of repaired or delivered goods. The expenses required for Additional ex- penses arising from the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these fact that the goods are not increased because the subject matter of the contract is located at a place other than our Customer's place of performance, will the agreed or presumed destina- tion shall be borne by the customer. The customer shall grant us the necessary time and opportunity to carry out the subsequent performance; otherwise the war- ranty shall lapse. Expenses incurred by the customer to remedy defects himself shall not be reimbursed. Replaced goods become our property. The customer must return them to us at his own expense. 9.5.3 Claims for damages shall only exist under the conditions agreed under Clause 10. 9.6 The warranty period for claims for defects is 12 months, calculated from delivery of the goods or, if acceptance is provided for by contract or by law, from acceptance. De- viating from this, the statutory warranty period of two years applies to claims for damages due to intentional or grossly negligent breaches of duty or culpable injury to life, limb or health. 9.7 ▇▇▇▇ if there is actually a defect. Otherwise, ▇▇▇▇▇ may demand compensation from provides a warranty for spare parts installed in the Customer for course of the costs incurred by the unjustified request for rectification of defects on the defect (in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customer. ▇▇▇▇ can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards ▇▇▇▇ to an extent that corresponds to the defect-free part basis of the service provided. 5.4 No warranty will be assumed, in particular, in purchase contract until the following cases: Unsuitable or in- correct use by the Customer or by third parties instructed by the Customer, in particular through the use of insufficiently qualified personnel, faulty assembly or commission- ing, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided ▇▇▇▇ is not responsible for these circumstances. 5.5 ▇▇▇▇ is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution expiry of the order ac- cording to construction plans of third parties. 5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless ▇▇▇▇ has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of riskpurchased item. 5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless ▇▇▇▇ has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed the defect.

Liability for defects. 5.1 9.1 The Customer Supplier is required liable to inspect ensure that the delivered Products without undue delay after in all essential aspects correspond to the information provided by the Supplier at the Supplier Website. 9.2 A Product shall be deemed defective if it deviates from Section 9. 1. The Supplier’s liability for defective Products is limited to defects which existed at the time of delivery and which appear and are notified to report any defects. 5.2 The delivered Products are deemed the Supplier in writing in accordance with Sections 9.3 and 9.4 within sixty (60) days of delivery. All claims shall be made to have been approved if ▇▇▇▇, with regard to obvious defects, obvious shortages or other defects which were or would have been identifiable in the course of an immediate, careful inspection, has not received notifi- cation of the defect within 7 days of delivery of the product, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of the defect or the time at which the defect was identifiable to the Customer in the course of normal use of the Product without closer inspection. 5.3 In the event of a justified complaint, the Customer will be entitled to two attempts to rectify defects or make a replacement delivery at ▇▇▇▇'▇ discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessful▇▇▇▇▇▇▇.▇▇▇@▇▇▇▇▇▇.▇▇. 9.3 Upon delivery, the Customer will shall without undue delay inspect the Products delivered and notify the Supplier of any defects in the Products discovered during such inspection. The Customer shall not be entitled to any claim based on defects in the statutory rights, subject Products which the Customer ought to have discovered during an inspection in accordance with this Section 9.3. 9.4 In addition to the provisions foregoing, the Customer shall notify the Supplier of clause any claims without undue delay, but at the latest within seven (7. Subsequent performance will include neither removal ) days from when the Customer became aware, or should have become aware, of the defective item nor reassembly if ▇▇▇▇ was not originally required to carry out assembly. The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because the subject matter of the contract is located at a place other than our Customer's place of performance, will be borne by ▇▇▇▇ if there is actually a defect. Otherwise, ▇▇▇▇ may demand compensation from the Customer for the costs incurred by the unjustified request for rectification The Customer’s notice shall include a clear description of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customerhow it first appeared. ▇▇▇▇ can refuse to rectify defects or make a replacement delivery if If the Customer does not fulfil its payment obligations towards ▇▇▇▇ fails to an extent that corresponds provide a notice in compliance with the aforementioned, the Customer shall have forfeited the right to invoke the defect-free part of the service provided. 5.4 No warranty will 9.5 The Supplier shall not be assumed, liable for any defects in particular, in the following cases: Unsuitable Products arising out of or in- correct use due to any material provided by the Customer or by third parties instructed any construction or design proposed or specified by the Customer. Nor shall the Supplier be liable for any defect caused by the Customer or any third party not adhering to the Supplier’s care or operating instructions, in particular through the use of insufficiently qualified personnelor for any defect caused by improper use, faulty assembly or commission- ing, natural wear and tear (wearing parts)installation, faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical maintenance or electrical influences, provided ▇▇▇▇ is not responsible for these circumstancesnormal wear and tear or deterioration. 5.5 ▇▇▇▇ 9.6 If a Product is also not required to provide a warranty insofar as defects of Products are based on deemed defective materials supplied by under Section 9.1 and the Customer or insofar as defects of Products are is entitled to make a claim against the Supplier based on the fact that defect, the Customer has prescribed Supplier undertakes to, at its own discretion, rectify the execution of the order ac- cording to construction plans of third parties. 5.6 A delivery of used Products agreed defect or deliver a substitute product. The Parties may also agree on a price reduction with the Customer in the individual case is made an amount corresponding to the exclusion value of any warranty, unless ▇▇▇▇ has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 9.7 Upon return of any defective Products, the Customer shall comply with the Supplier’s at each time applicable guidelines for returns and claims. The warranty period will be one year from delivery orCustomer is not entitled to use or scrap, where acceptance was stipu- latedor allow any third party to use or scrap, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shippingany Products which the Customer has made a complaint about, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after without the transfer of riskSupplier’s prior written consent. 5.8 The right 9.8 For the avoidance of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excludeddoubt, unless ▇▇▇▇ has caused specified in this Section 9, the defect intentionally or by gross neg- ligence or has fraudulently concealed Customer is not entitled to return any Products to the defectSupplier.

Liability for defects. 5.1 The Customer is required to inspect 1.) Warranty rights of the delivered Products without undue delay after delivery customer require that the customer has properly performed its responsibilities of inspection and to report any defectsnotification owed under § 377 HGB [German Commercial Code]. 5.2 The 2.) Claims for defects become time-barred in 12 months after the goods delivered Products are deemed by us to the customer have been approved if ▇▇▇▇shipped. Our consent has to be requested before returning goods. This period shall not apply to the extent applicable law stipulates longer periods in §§ 438 (1) No. 2 (buildings and things used for buildings), with regard to obvious 479 (1) (recourse claim) and 634a (1) No. 2 (construction defects, obvious shortages or other ) BGB. 3.) In the case that the goods shipped by us have any defects which were or would have been identifiable in despite all care that was already visible at the course of an immediate, careful inspection, has not received notifi- cation time of the transfer of risk, we will repair the goods subject to a timely notice of defect or deliver substitute goods at our discretion. In all cases, we must first be given the opportunity for supplementary performance within 7 days of delivery of an appropriate period. Claims to recourse remain unaffected by the productaforementioned provision without restriction. 4.) If supplementary performance fails, the customer may - without prejudice to any damage claims pursuant to Section 6.8 - withdraw from the contract or otherwise – reduce remuneration. 5.) Claims for defects will be excluded in the case of unclear minor deviation from the agreed quality, of minor restriction of usability, of natural deterioration or hidden defects – within 7 days of wear and tear, as well as damages incurred after the discovery of the defect transfer or the time at which the defect was identifiable to the Customer risk by incorrect or negligent handling, excessive use, insufficient operating material, poor construction work, inadequate subsoil or by special external influences that are not included in the course of normal use of the Product without closer inspection. 5.3 contract. In the event of the customer or a justified complaintthird party performs improper repair work or modifications, no warranty claims shall be applicable to such work or the Customer will be entitled to two attempts to rectify defects or make a replacement delivery at ▇▇▇▇'▇ discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessful, consequences thereof. 6.) Claims asserted by the Customer will be entitled to the statutory rights, subject to the provisions of clause 7. Subsequent performance will include neither removal of the defective item nor reassembly if ▇▇▇▇ was not originally required to carry out assembly. The expenses customer concerning expenditure required for the purpose of inspection and subsequent supplementary performance, in particular particularly transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not excluded to the extent that expenses are increased because the subject matter goods delivered by us were subsequently transported to a destination other than the plant of the contract is located at customer, unless transportation corresponds with its intended use. 7.) Claims for recourse by the customer against us are only permissible to the extent the customer has not made agreements with its respective buyer exceeding the legally binding claims for defects. 8.) Damage claims by the customer for a place other than our Customer's place material defect shall be excluded. This shall not apply in case of performancefraudulent concealment of the defect, will be borne in case of non-compliance with a quality guarantee, in case of an injury to life, body, health or freedom and in case of an intentional or grossly negligent breach of a duty by ▇▇▇▇ if there is actually a defectus. Otherwise, ▇▇▇▇ may demand compensation Customer claims for material defects that exceed or deviate from the Customer for the costs incurred by the unjustified request for rectification of the defect (customer claims regulated in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customer. ▇▇▇▇ can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards ▇▇▇▇ to an extent that corresponds to the defect-free part of the service providedthese Standard Business Terms shall be excluded. 5.4 No warranty will be assumed, in particular, in the following cases: Unsuitable or in- correct use by the Customer or by third parties instructed by the Customer, in particular through the use of insufficiently qualified personnel, faulty assembly or commission- ing, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided ▇▇▇▇ is not responsible for these circumstances. 5.5 ▇▇▇▇ is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties. 5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless ▇▇▇▇ has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk. 5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless ▇▇▇▇ has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed the defect.

Liability for defects. 5.1 The Customer is required to inspect the delivered Products without undue delay after delivery and to report any defects. 5.2 The delivered Products are deemed to have been approved if ▇▇▇▇, with regard to obvious defects, obvious shortages or other defects which were or would have been identifiable in the course of an immediate, careful inspection, has not received notifi- cation notification of the defect within 7 days of delivery of the product, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of the defect or the time at which the defect was identifiable to the Customer in the course of normal use of the Product without closer inspection. 5.3 In the event of a justified complaint, the Customer will be entitled to two attempts to rectify defects or make a replacement delivery at ▇▇▇▇'▇ discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessful, the Customer will be entitled to the statutory rights, subject to the provisions of clause 7. Subsequent performance will include neither removal of the defective item nor reassembly if ▇▇▇▇ was not originally required to carry out assembly. The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because the subject matter of the contract is located at a place other than our Customer's place of performance, will be borne by ▇▇▇▇ if there is actually a defect. Otherwise, ▇▇▇▇ may demand compensation from the Customer for the costs incurred by the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customer. ▇▇▇▇ can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards ▇▇▇▇ to an extent that corresponds to the defect-free part of the service provided. 5.4 No warranty will be assumed, in particular, in the following cases: Unsuitable or in- correct incorrect use by the Customer or by third parties instructed by the Customer, in particular through the use of insufficiently qualified personnel, faulty assembly or commission- ingcommissioning, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided ▇▇▇▇ is not responsible for these circumstances. 5.5 ▇▇▇▇ is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording according to construction plans of third parties. 5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless ▇▇▇▇ has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 The warranty period will be one year from delivery or, where acceptance was stipu- latedstipulated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk. 5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless ▇▇▇▇ has caused the defect intentionally or by gross neg- ligence negligence or has fraudulently concealed the defect.

Liability for defects. 5.1 The Customer is required to inspect the delivered Products without undue delay after delivery and to report any defects. 5.2 The delivered Products are deemed to have been approved if ▇▇▇▇ AUTOMATION GROUP ▇▇▇▇▇, with regard re- gard to obvious defects, obvious shortages or other defects which were or would have been identifiable in the course of an immediate, careful inspection, has not received notifi- cation notification of the defect within 7 days of delivery of the product, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of the defect or the time at which the defect was identifiable to the Customer in the course of normal use of the Product without closer inspection. 5.3 In the event of a justified complaint, the Customer will be entitled to two attempts to rectify defects or make a replacement delivery at ▇▇▇▇ AUTOMATION GROUP ▇'▇▇▇▇’▇ discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts to rectify defects or make a replacement replace- ment delivery within a reasonable period of time are unsuccessful, the Customer will be entitled to the statutory statu- tory rights, subject to the provisions of clause 7. Subsequent performance will include neither removal of the defective item nor reassembly if ▇▇▇▇ AUTOMATION GROUP ▇▇▇▇▇ was not originally required to carry out assembly. The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because be- cause the subject matter of the contract is located at a place other than our Customer's ’s place of performanceperfor- ▇▇▇▇▇, will be borne by ▇▇▇▇ AUTOMATION GROUP ▇▇▇▇▇ if there is actually a defect. Otherwise, ▇▇▇▇ AUTOMATION GROUP ▇▇▇▇▇ may demand compensation from the Customer for the costs incurred by the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customer. ▇▇▇▇ AUTOMATION GROUP ▇▇▇▇▇ can refuse to rectify defects or make a replacement delivery if the Customer Cus- tomer does not fulfil its payment obligations towards ▇▇▇▇ AUTOMATION GROUP ▇▇▇▇▇ to an extent that corresponds to the defect-free part of the service provided. 5.4 No warranty will be assumed, in particular, in the following cases: Unsuitable or in- correct incorrect use by the Customer or by third parties instructed by the Customer, in particular through the use of insufficiently qualified personnelperson- nel, faulty assembly or commission- ingcommissioning, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided ▇▇▇▇ AUTOMATION GROUP ▇▇▇▇▇ is not responsible for these circumstances. 5.5 ▇▇▇▇ AUTOMATION GROUP ▇▇▇▇▇ is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording according to construction plans of third parties. 5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless ▇▇▇▇ AUTOMATION GROUP ▇▇▇▇▇ has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 The warranty period will be one year from delivery or, where acceptance was stipu- latedstipulated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning com- missioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk. 5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless ▇▇▇▇ AUTOMATION GROUP ▇▇▇▇▇ has caused the defect intentionally or by gross neg- ligence negligence or has fraudulently fraud- ulently concealed the defect.

Liability for defects. 5.1 The Customer is required to inspect the delivered Products without undue delay after delivery and to report any defects. 5.2 The delivered Products are deemed to have been approved if ▇▇▇▇WT, with regard to obvious defects, obvious shortages or other defects which were or would have been identifiable in the course of an immediate, careful inspection, has not received notifi- cation notification of the defect within 7 days of delivery of the product, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of the defect or the time at which the defect was identifiable to the Customer in the course of normal use of the Product without closer inspection. 5.3 In the event of a justified complaint, the Customer will be entitled to two attempts to rectify defects or make a replacement delivery at ▇▇▇▇'▇ WT's discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessful, the Customer will be entitled to the statutory rights, subject to the provisions of clause 7. Subsequent performance will include neither removal of the defective item nor reassembly if ▇▇▇▇ WT was not originally required to carry out assembly. The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because the subject matter of the contract is located at a place other than our Customer's place of performance, will be borne by ▇▇▇▇ WT if there is actually a defect. Otherwise, ▇▇▇▇ WT may demand compensation from the Customer for the costs incurred by the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customer. ▇▇▇▇ WT can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards ▇▇▇▇ WT to an extent that corresponds to the defect-free part of the service provided. 5.4 No warranty will be assumed, in particular, in the following cases: Unsuitable or in- correct incorrect use by the Customer or by third parties instructed by the Customer, in particular through the use of insufficiently qualified personnel, faulty assembly or commission- ingcommissioning, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided ▇▇▇▇ WT is not responsible for these circumstances. 5.5 ▇▇▇▇ WT is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording according to construction plans of third parties. 5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless ▇▇▇▇ WT has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 The warranty period will be one year a maximum of 5000 operation hours or 12 months (whichever comes first), excluding wear parts. The warranty period will commence upon the date of successful commissioning of the system, but no later than 4 weeks from delivery or, where acceptance was stipu- lated, from acceptancedate of delivery. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk. 5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless ▇▇▇▇ WT has caused the defect intentionally or by gross neg- ligence negligence or has fraudulently concealed the defect.

Liability for defects. 5.1 The Customer is required 13.1. Neapco accepts delivery subject to inspect inspecting the delivered Products without undue products for freedom from defects, including an in- spection for accurateness and completeness, insofar and as soon as reasonable in the course of ordinary business. Neapco will notify the supplier of defects in the products supplied once detected. In this regard, the supplier waives the defence of delay after delivery and to report any defectsin notifying a defect. 5.2 13.2. The statutory provisions concerning defects of quality and title apply unless otherwise provided below. 13.3. If the products delivered Products are deemed not in conformity with the contract, Neapco may demand the rectification of the defect or delivery of a new item or reduce the pur- chase price or withdraw from the contract. Neapco has the right to have been approved if choose the type of subsequent perfor- ▇▇▇▇▇. Neapco's right to assert damages remains unaffected. 13.4. If the supplier does not rectify a defect within the rea- sonable period allowed in Neapco's request for recti- fication, with regard to obvious defects, obvious shortages or other defects which were or would then Neapco may either have been identifiable in the course of an immediate, careful inspection, has not received notifi- cation of the defect within 7 days rec- tified at the supplier's costs and risk or exercise the foregoing rights. Any further claims of delivery Neapco for compensation of consequential loss or for payment of liquidated damages remain unaffected. 13.5. Except for cases of malice, claims based on defects become time barred after 3 years unless the product, or otherwise – item has been used for a construction in the case of unclear or hidden defects – within 7 days of the discovery of the defect or the time at which the defect was identifiable to the Customer in the course of accordance with its normal use of the Product without closer inspection. 5.3 In the event of a justified complaint, the Customer will be entitled to two attempts to rectify defects or make a replacement delivery at ▇▇▇▇'▇ discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessful, the Customer will be entitled to the statutory rights, subject to the provisions of clause 7. Subsequent performance will include neither removal of the defective item nor reassembly if ▇▇▇▇ was not originally required to carry out assembly. The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because the subject matter of the contract is located at a place other than our Customer's place of performance, will be borne by ▇▇▇▇ if there is actually a defect. Otherwise, ▇▇▇▇ may demand compensation from the Customer for the costs incurred by the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customer. ▇▇▇▇ can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards ▇▇▇▇ to an extent that corresponds to the defect-free part of the service provided. 5.4 No warranty will be assumed, in particular, in the following cases: Unsuitable or in- correct use by the Customer or by third parties instructed by the Customer, in particular through the use of insufficiently qualified personnel, faulty assembly or commission- ing, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided ▇▇▇▇ is not responsible for these circumstances. 5.5 ▇▇▇▇ is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties. 5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless ▇▇▇▇ has caused the defect intentionally or through gross negligence or has fraudulently concealed in the defectconstruc- tion. The period of limitation begins on delivery of the product (passing of risk). 5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request13.6. If the supplier meets his rectification duties by re- placement delivery, the period of limitation concerning the replacement products begins afresh upon delivery of those products unless the supplier, in doing the rec- tification, has expressly and appropriately reserved the right to execute the replacement delivery merely as a gesture of goodwill or to avoid controversies or to safeguard his interest in continued relations with the supplier. 13.7. The supplier shall pay all costs that Neapco may incur as a result of a defective supply under the contract, including the costs of shipping, assembly transport, work or commissioning ma- terial and the costs of inspecting the products re- ceived beyond an ordinary scope. 13.8. If Neapco, as a result of the defect of the products delivered by the supplier under the contract, takes back any product it has manufactured or sold or if the purchase price payable to Neapco has been reduced on that basis or if other claims are asserted against Neapco on that basis, Neapco reserves the right to take recourse against the supplier. The assertion of those rights concerning defects is delayed through not subject to set- ting a deadline. 13.9. Neapco may require the supplier to reimburse it for the expenses it incurred as against its customers on the ground of the customers having claims against Neapco for reimbursement of expenses required for rectification, including the costs of shipping, transport, work and material. 13.10. Notwithstanding the provision in paragraph 5 above, in the cases described in paragraphs 8 and 9 above, claims fall under the statute of limitation no fault earlier than 2 months of our ownthe date on which Neapco has discharged the customer's claims against Neapco, our liability will expire but no later than twelve 5 years of delivery by the supplier. 13.11. If a material defect shows within 6 months after of the transfer passing of risk. 5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) it is excluded, unless ▇▇▇▇ has caused presumed that the defect intentionally existed on the passing of risk unless that presumption is in- commensurate with the nature of the material or by gross neg- ligence or has fraudulently concealed the defectde- fect.