Common use of Liability for defects Clause in Contracts

Liability for defects. 8.1 The Seller warrants to the Buyer that the ordered goods or services are free of defects and legal imperfections in ti- tle at the time of the passage of risk. 8.2 If the Buyer informs the Seller of the intended use and place of use of the goods to be supplied, the Seller war- rants that its delivery and service are suitable for that use and place. 8.3 If a defect or imperfection in title exists, the Buyer shall be entitled to statutory warranty claims without reduction, unless otherwise agreed. 8.4 In principle, the Buyer shall have the right to select the manner of remedy. If the Seller does not begin with subse- quent remedy as part of the Agreement, i.e. rectification of defects or delivery of a substitute, as soon as it has been requested to do so by the Buyer, the Buyer shall have the right in urgent cases, in particular to avert danger or avoid/limit damage, to carry out the manner of remedy se- lected by the Buyer, or to have it carried out by a third par- ty, at the expense of the Seller. The Buyer shall have the same right if rectification of defects or delivery of a substi- tute fails or is refused. 8.5 If claims are asserted against the Buyer due to the in- fringement of third-party rights in connection with the Sell- er’s delivery/service, the Seller shall be obliged to indemni- fy the Buyer against these claims upon written request. The Seller’s obligation to indemnify the Buyer shall relate to ex- penses necessarily incurred by the Buyer from or in con- nection with the claims asserted against it by a third party. 8.6 Claims for defects shall become time-barred – except in cases of intention to deceive– in 36 months starting from the passage of risk, unless otherwise agreed. If the Seller meets its obligation to remedy a defect by supplying substi- tute goods, the period of limitation for said goods shall commence anew after they have been delivered.

Liability for defects. 8.1 The Seller warrants seller shall be entitled but not obligated to participate in the Buyer that the ordered goods or services are free of hand-over inspection for defects and legal imperfections in ti- tle at the time of the passage of risk. 8.2 1-year and 5-year inspections for defects. If the Buyer informs seller does not participate, the Seller of seller does not waive any right to raise objections at a later date. A product is not defective and the intended use and place of buyer may consequently not claim remedies for breach if the product has been produced in accordance with the buyer’s instructions or the buyer has demanded the use of a specific material, and the goods to be suppliedseller has used the material demanded. If a product proves defective and the buyer gives timely notice of defects, the Seller war- rants that its delivery and service are suitable buyer may only claim the following remedies for that use and place. 8.3 breach in the order stipulated: • The seller repairs the defects. • If a defect repair is not possible or imperfection in title existsnot possible within reasonable time, the Buyer buyer may claim replacement. • If the seller does not repair or replace within reasonable time, the buyer shall be entitled to statutory warranty claims without reduction, unless otherwise agreed. 8.4 In principle, cancel the Buyer shall have contract for the right to select the manner of remedy. If the Seller does not begin with subse- quent remedy as part of the Agreementorder which is defective by giving notice to the seller in writing. The buyer is not entitled to cancel the contract for any previous or future orders to be delivered. In addition to the above-mentioned remedies the buyer shall be entitled to claim damages, i.e. rectification of defects or delivery of a substitute, as soon as it has been requested however only to do so by the Buyer, effect that in all circumstances the Buyer shall have seller’s liability is limited in regard to amount to the right in urgent cases, in particular effect that damages can never exceed the price according to avert danger or avoid/limit damage, to carry out invoice for the manner of remedy se- lected by the Buyer, or to have it carried out by a third par- ty, at the expense part of the Sellerorder which is defective. No other remedies for breach are available to the buyer. The Buyer shall seller assumes no liability for consequential damage or loss, including but not limited to costs pertaining to scaffolding, disassembly, installment and waiting time. The seller assumes no liability for business interruption, loss of profits, loss of time, loss of goodwill or any other indirect and/or non-financial losses. The buyer cannot rely on the remedies if after delivery the products have the same right if rectification of defects not been stored or delivery of used correctly and in a substi- tute fails or is refused. 8.5 If claims are asserted against the Buyer due to the in- fringement of third-party rights customary manner and in accordance with user manuals, catalogues and brochures supplied in connection with the Sell- erorder. The seller assumes no liability for damage to the products caused by the buyer’s faulty and inappropriate storage, use or maintenance of the products. Any liability for defects expires 5 years after hand- over of the building project in which the products form part of. When the products have been delivered to stock or for resale, liability, however, expires no later than 6 years after delivery/service. If it is established that a claim against the original buyer concerning defects cannot be satisfied or can only be satisfied with great difficulty, subsequent buyers of the Seller products, including contractors and building owners, shall be obliged entitled to indemni- fy make a direct claim against the Buyer seller if and to the same extent as the original buyer had a claim against the seller. Disputes concerning such claims shall be heard in accordance with clause 13 of these claims upon written request. The Seller’s obligation to indemnify the Buyer shall relate to ex- penses necessarily incurred by the Buyer from or in con- nection with the claims asserted against it by a third partyTerms & Conditions. 8.6 Claims for defects shall become time-barred – except in cases of intention to deceive– in 36 months starting from the passage of risk, unless otherwise agreed. If the Seller meets its obligation to remedy a defect by supplying substi- tute goods, the period of limitation for said goods shall commence anew after they have been delivered.

Liability for defects. 8.1 7.1 The Seller warrants undertakes to remedy defects which are due to defects in manufacturing or defects in the product if it can be proved that the defect can be referred to the Buyer that the ordered goods or services are free of defects and legal imperfections in ti- tle Seller. The Seller may remedy such defect by repair at the time of the passage of risk. 8.2 If the Buyer informs the Seller of the intended use and place of use of the goods to be supplied, the Seller war- rants that its delivery and service are suitable for that use and place. 8.3 If a defect Seller’s address or imperfection in title exists, the Buyer shall be entitled to statutory warranty claims without reduction, unless otherwise agreed. 8.4 In principle, the Buyer shall have the right to select the manner of remedy. If the Seller does not begin with subse- quent remedy as part of the Agreement, i.e. rectification of defects or delivery of a substitute, as soon as it has been requested to do so by the Buyer, the Buyer shall have the right in urgent cases, in particular to avert danger or avoid/limit damage, to carry out the manner of remedy se- lected by the Buyer, or to have it carried out by a third par- ty, delivering new equipment at the expense of the Seller’s option. The Buyer shall have the same right if rectification of defects or delivery of a substi- tute fails or is refusedno other remedies for breach. 8.5 7.2 The product can only be returned according to prior agreement with the Seller. 7.3 Apart from warranties made, the Seller’s liability shall only include defects which appear within one year from the date on which the product was delivered. If claims are asserted against the product is used more intensively than foreseen in the agreement between the Parties, such period shall be reduced proportionally. 7.4 If a defect is to be claimed towards the Seller, the Buyer due shall complain in writing to the in- fringement Seller, just as the Seller shall only be liable for the defect if the complaint is made without undue delay after the occurrence of third-party rights the defect. 7.5 Parts replaced or repaired as stated in item 7.1, shall be covered by a new liability period of one year. 7.6 Regardless of item 7.5, the Seller’s liability for defects shall not exceed two years for any part of the equipment, regardless of the date of delivery. 7.7 Remedying through repair according to item 7.1 shall be carried out by the Seller, and the Buyer shall therefore carry out demounting and remounting at his own expense, just as the Buyer shall cover all costs of freight and transport in connection with the Sell- er’s delivery/servicerepair. 7.8 For remedying through delivery of new equipment according to item 7.1 the Buyer shall cover all costs of demounting and remounting, just as the Buyer shall be obliged to cover all costs of returning the defective product to the Seller. 7.9 If demounting and remounting leads to interference with, damage to equipment belonging to the Buyer or a third party, etc., all costs and work in this connection shall be covered by the Buyer only. With reference to the damage caused by such interference, the Seller shall be obliged entitled to indemni- fy refuse to demount or remount and this shall not increase the Buyer against these claims upon written request. liability of the Seller. 7.10 The Seller’s obligation to indemnify liability for defects shall not include defects caused by equipment obtained by the Buyer or a third party, the Buyer’s incorrect use of the product, or the Buyer’s use of the product in other conditions than those assumed in the agreement. 7.11 Defects which have occurred after transfer of the risk to the Buyer, including defects caused by lack of maintenance or lack of proper maintenance, incorrect mounting, the use of unoriginal parts, repairs carried out by the Buyer, etc., shall relate be irrelevant to ex- penses necessarily the Seller, unless the Seller has given his prior consent to the activities of the Buyer. 7.12 If the Buyer complains about a defect and it turns out during the repair that there is no defect for which the Seller is liable, the Seller shall be entitled to compensation for the work and the costs incurred by the Buyer from or in con- nection with the claims asserted against it by a third partySeller through such complaint. 8.6 Claims for defects shall become time-barred – except in cases of intention to deceive– in 36 months starting from the passage of risk, unless otherwise agreed. If the Seller meets its obligation to remedy a defect by supplying substi- tute goods, the period of limitation for said goods shall commence anew after they have been delivered.

Liability for defects. 8.1 The Seller warrants 1. Orderer shall be obliged to carefully examine the Buyer that completeness and accordance of the ordered goods or services are free item immediately after receipt. The notice of defects according to section 377 subsections 1 and legal imperfections in ti- tle at the time 2 HGB shall amount to 8 days; Supplier’s receipt of written (also by fax) notice of defect shall be decisive. 2. In case Orderer intends to assert claims arising from defects of the passage ordered item, he shall be obliged to hand over to Supplier ordered item or parts thereof for inspection, unless this is technically not possible or impossible (e.g. fixed large systems). Provided that notice of riskdefect is justified and in due time, Supplier shall at his option either remedy the defect or deliver a faultless item. Costs for removal of defects including costs for transport, toll, labor and material shall be borne by Supplier. This shall also apply for delivery and shipment costs according to sentence 1 in the ordinary scope. In case costs to remedy defect increase because Orderer placed ordered item at another than the place of delivery, Orderer shall bear additional costs. 8.2 If the Buyer informs the Seller of the intended use and place of use of the goods to be supplied, the Seller war- rants that its delivery and service are suitable for that use and place. 8.3 If a defect or imperfection in title exists, the Buyer 3. Supplier shall be entitled to statutory warranty claims without reductionrefuse subsequent performance according to the provision of the law. Orderer shall, in case of refusal of subsequent performance, its failure or impossibility for Orderer, be entitled to cancel the contract to or reduce the purchase price according subsequent section 4. 4. Orderer shall only be entitled to resign from the contract - provided that such cancellation is not illegal - or to reduce the purchase price after unsatisfied expiration of reasonable notice for remedy of defects determined by ▇▇▇▇▇▇▇, unless otherwise agreedthe fixing of such notice is disposable according to the provisions of law. In case of a cancellation of contract, Orderer shall not only be liable for deterioration, loss and non-derived profit for the own ordinary care, but also for each and every negligence and intended fault. 8.4 In principle, the Buyer 5. The provisions in section IX shall have the right to select the manner apply for any possible claims for damages and expenses of remedyOrderer. 6. If the Seller Supplier’s liability for defects does not begin apply if Orderer does not follow operating and service instructions, changes parts or uses consumables not complying with subse- quent remedy as part original specifications, unless Orderer provides evidence that defect is not based thereon. Liability for defects of the Agreement, i.e. rectification of defects ordered item or delivery of a substitute, as soon as it has been requested to do so by parts thereof originating from the Buyer, the Buyer shall have the right in urgent cases, in particular to avert danger or avoid/limit damage, to carry out the manner of remedy se- lected by the Buyer, or to have it carried out by a third par- ty, at the expense of the Sellerordinary wear is basically excluded. 7. The Buyer shall have the same right if rectification of defects or delivery of a substi- tute fails or is refused. 8.5 If claims are asserted against the Buyer due to the in- fringement of third-party rights in connection with the Sell- er’s delivery/service, the Seller shall be obliged to indemni- fy the Buyer against these claims upon written request. The Seller’s obligation to indemnify the Buyer shall relate to ex- penses necessarily incurred by the Buyer from or in con- nection with the claims asserted against it by a third party. 8.6 Claims for defects shall become time-barred – except in cases of intention to deceive– in 36 months starting from the passage of risk, unless otherwise agreed. If the Seller meets its obligation to remedy a defect by supplying substi- tute goods, the period of limitation for said goods all defects related claims shall commence anew after they have be one year as of the date on which the limitation period commences to run under law. The statutory period of limitation provided under BGB section 438 subsection 1 no. 2 and section 634a subsection 1 no. 2 shall, however, apply to any structure, and to any item that, according to its ordinary manner of use, has been deliveredused for such a structure and that has caused the defectiveness of that structure. In any case of intentional misconduct or intentional misrepresentation, and in any case provided for under BGB §§ 478, 479, the statutory periods shall apply as well. 1.

Liability for defects. 8.1 The Seller warrants 9.1 Orderer shall be obliged to carefully examine the Buyer that completeness and accord- ance of the ordered goods or services are free item immediately after receipt. The notice of defects ac- cording to section 377 subsections 1 and legal imperfections in ti- tle at the time 2 HGB shall amount to 8 days; Sup- plier’s receipt of written (also by fax) notice of defect shall be decisive. 9.2 In case Orderer intends to assert claims arising from defects of the passage ordered item, he shall be obliged to hand over to Supplier ordered item or parts thereof for inspection, unless this is technically not possible or impossible (e.g. fixed large systems). Provided that notice of riskdefect is justified and in due time, Sup- plier shall at his option either remedy the defect or deliver a faultless item. Costs for removal of defects including costs for transport, toll, labor and mate- rial shall be borne by Supplier. This shall also apply for delivery and shipment costs according to sentence 1 in the ordinary scope. In case costs to remedy defect increase because Orderer placed ordered item at another than the place of delivery, Orderer shall bear additional costs. 8.2 If the Buyer informs the Seller of the intended use and place of use of the goods to be supplied, the Seller war- rants that its delivery and service are suitable for that use and place. 8.3 If a defect or imperfection in title exists, the Buyer 9.3 Supplier shall be entitled to statutory warranty claims without reductionrefuse subsequent performance according to the provision of the law. Orderer shall, in case of refusal of subsequent perfor- ▇▇▇▇▇, its failure or impossibility for Orderer, be entitled to cancel the contract to or reduce the purchase price according subsequent section 9.4. 9.4 Orderer shall only be entitled to resign from the contract – provided that such cancellation is not illegal – or to reduce the purchase price after unsatisfied expiration of reasonable notice for remedy of defects determined by ▇▇▇▇▇▇▇, unless otherwise agreedthe fixing of such notice is disposable according to the provisions of law. In case of a cancellation of contract, Orderer shall not only be liable for deterioration, loss and non-derived profit for the own ordinary care, but also for each and every negligence and intended fault. 8.4 In principle, the Buyer 9.5 The provisions in section 10 shall have the right to select the manner apply for any possible claims for damages and expenses of remedy. If the Seller Orderer. 9.6 Supplier’s liability for defects does not begin apply if ▇▇▇▇▇▇▇ does not follow operat- ing and service instructions, changes parts or uses consumables not comply- ing with subse- quent remedy as part original specifications, unless Orderer provides evidence that defect is not based thereon. 9.7 Liability for defects of the Agreement, i.e. rectification of defects ordered item or delivery of a substitute, as soon as it has been requested to do so by parts thereof originating from the Buyer, the Buyer shall have the right in urgent cases, in particular to avert danger or avoid/limit damage, to carry out the manner of remedy se- lected by the Buyer, or to have it carried out by a third par- ty, at the expense of the Seller. The Buyer shall have the same right if rectification of defects or delivery of a substi- tute fails or ordinary wear is refusedbasically excluded. 8.5 If claims are asserted against the Buyer due to the in- fringement of third-party rights in connection with the Sell- er’s delivery/service, the Seller shall be obliged to indemni- fy the Buyer against these claims upon written request. 9.8 The Seller’s obligation to indemnify the Buyer shall relate to ex- penses necessarily incurred by the Buyer from or in con- nection with the claims asserted against it by a third party. 8.6 Claims for defects shall become time-barred – except in cases of intention to deceive– in 36 months starting from the passage of risk, unless otherwise agreed. If the Seller meets its obligation to remedy a defect by supplying substi- tute goods, the period of limitation for said goods all defects related claims shall commence anew after they have be one year as of the date on which the limitation period commences to run under law. The statutory period of limitation provided under BGB section 438 subsection 1 no. 2 and section 634a subsection 1 no. 2 shall, however, apply to any structure, and to any item that, according to its ordinary manner of use, has been deliveredused for such a structure and that has caused the defectiveness of that structure. In any case of intentional misconduct or intentional misrepresentation, and in any case provided for under BGB §§ 478, 479, the statutory periods shall apply as well.

Liability for defects. 8.1 The Seller warrants to the Buyer that the ordered goods or services are free 11.1 In case of defects and legal imperfections in ti- tle at the time a justified notification of the passage of risk. 8.2 If the Buyer informs the Seller of the intended use and place of use of the goods to be supplieddefect on time, the Seller war- rants shall, by choice, perform remedial action of the defect through replacement delivery or remedy or repay the purchase price after return of the defective product according to the Seller’s instructions. 11.2 The Seller points out that its delivery the delivered products may contain reusable materials (e.g. locking devices, plastic etc.) and service are suitable reproduced parts for new parts or parts that have been subject to random use and placereserves his right to use such parts in connection with remedy of defects. In addition, the Seller is entitled to perform remedial actions through delivery of renovated products. 8.3 11.3 If a defect remedial actions are performed of the defective matter, the Buyer shall have no further claims against the Seller in this connection. If remedy or imperfection in title existsreplacement delivery has not taken place within 50 days, the Buyer shall be entitled to statutory warranty claims without reduction, unless otherwise agreedcancel the agreement. 8.4 11.4 In principlethose cases where the Buyer is entitled to cancel the agreement, or if the products sold are returned to the Seller with a view to replacement or remedy of defects, the product sold must be dispatched to the Seller in its original packaging and for the Buyer's own account and risk. To the extent that shipping costs etc. are inflicted on the Seller, the Seller is entitled to demand a reimbursement of these from the Buyer and deduct them from the Buyer's claim against the Seller. After completed repair or after replacement, the Buyer shall have collect the right to select repaired or replaced product from the manner of remedy. Seller for his own account and risk. 11.5 If the Buyer's complaint should prove to be unjustified, e.g. if it appears that any defects are caused by misapplication, Dok 1420598 negligence, incorrect installation, repair or modification performed by another than the Seller does or unusual deterioration or breakdown of the product or parts thereof due to the Buyer’s physical environment or electrical or electromagnetic noise, and the Seller has performed works or deliveries in connection with attempts at remedial actions or has paid freight, the Seller is entitled to invoice the work performed, deliveries and other expenses to the Buyer. 11.6 The Seller's liability for defects cannot begin with subse- quent remedy as exceed the invoiced price for the defective product. 11.7 If the Buyer has not asserted the defect towards the Seller within 12 months after the invoice date, he cannot later claim the defect. However, for hardware products sold in ”opened packaging” (e.g. products returned by customers or suppliers, renovated or repaired by the factory etc.), the liability for defects shall only apply for 90 days from the invoice date. For replacement delivery of parts, replaced or repaired parts, the liability for defects applies for six months; however, for factory repairs or replacement of hardware parts and repaired and replaced hardware products sold in ”opened packaging” only 30 days from the date of the relevant replacement delivery, replacement or repair; however, to the effect that the Seller's liability for defects for any part of the Agreement, i.e. rectification product sold cannot be extended to more than 18 months from the original invoice date. 11.8 Modification of defects or delivery of a substitute, as soon as it has been requested to do so by interference with the Buyer, the Buyer shall have the right in urgent cases, in particular to avert danger or avoid/limit damage, to carry out the manner of remedy se- lected by the Buyer, or to have it carried out by a third par- ty, at the expense of products sold without the Seller. The Buyer shall have the same right if rectification of defects or delivery of a substi- tute fails or is refused. 8.5 If claims are asserted against the Buyer due to the in- fringement of third-party rights in connection with the Sell- er’s delivery/service, 's written consent releases the Seller shall be obliged to indemni- fy the Buyer against these claims upon written request. The Seller’s obligation to indemnify the Buyer shall relate to ex- penses necessarily incurred by the Buyer from or in con- nection with the claims asserted against it by a third partyof any obligation. 8.6 Claims for defects shall become time-barred – except in cases of intention to deceive– in 36 months starting from the passage of risk, unless otherwise agreed. If the Seller meets its obligation to remedy a defect by supplying substi- tute goods, the period of limitation for said goods shall commence anew after they have been delivered.

Liability for defects. 8.1 The Seller warrants to the Buyer that the ordered goods or services are free of defects ▇▇▇▇▇▇▇ is liable for material and legal imperfections defects in ti- tle the delivery, under the exclusion of all other claims – but subject to paragraph VII - as described below: 1. All parts which turn out to be defective as a result of circumstances which occurred before the transfer of risk will be either put right or replaced with non-defective parts at ▇▇▇▇▇▇▇’▇ discretion. Such defects are to be reported to ▇▇▇▇▇▇▇ without delay. Replaced parts become the time property of the passage of risk▇▇▇▇▇▇▇. 8.2 If 2. The Buyer, after consulting with ▇▇▇▇▇▇▇, must allow ▇▇▇▇▇▇▇ sufficient time and opportunity to carry out any corrective modifications which appear necessary or to replace the Buyer informs defective parts, otherwise ▇▇▇▇▇▇▇ cannot be held responsible for the Seller of resulting consequences. Only in emergencies, where health and safety at work is put in jeopardy or in cases where disproportionate damage could result, does the intended use and place of use of the goods to be supplied, the Seller war- rants that its delivery and service are suitable for that use and place. 8.3 If a defect or imperfection in title exists, the Buyer shall be entitled to statutory warranty claims without reduction, unless otherwise agreed. 8.4 In principle, the Buyer shall buyer have the right to select correct the manner of remedydefects himself or have them corrected by third parties and to charge ▇▇▇▇▇▇▇ for the expenditure incurred. In such cases ▇▇▇▇▇▇▇ must be informed at the earliest possible opportunity. 3. If the Seller complaint is shown to be justified, ▇▇▇▇▇▇▇ will pay for the costs directly incurred by corrective modifications or replacement parts, including transport. ▇▇▇▇▇▇▇ will also pay for removing and fitting the parts and for providing any necessary engineers and auxiliary personnel, including their travel costs, as long as this does not begin with subse- quent remedy as part result in costs which are totally out of proportion for ▇▇▇▇▇▇▇. 4. The Buyer has the right to back out of the Agreementcontract, i.e. rectification within the conditions set by law, if ▇▇▇▇▇▇▇ – taking account of defects the legally recognised exceptions – does not carry out corrective modifications or delivery provide replacement parts before the elapse of a substitute, as soon as it has been requested to do so reasonable time period set by the Buyer. If the defect is only slight, then the Buyer only has the right to claim a reduction in the contract price. The right to claim such a reduction is excluded in all other cases. 5. Further claims are defined in paragraph VII.2 of these Terms and Conditions. 6. No responsibility will be accepted particularly in the case of the following: inappropriate or improper use, incorrect assembly or commissioning by the Buyer or third parties, normal wear and tear, incorrect or negligent operation, wrong maintenance, use of inappropriate equipment, faulty building works, inappropriate foundations, detrimental chemical, electrochemical or electrical influences – inasmuch as these have not been caused by ▇▇▇▇▇▇▇. 7. Should the Buyer or a third party carry out inappropriate improvements to the equipment, ▇▇▇▇▇▇▇ is not responsible for the consequences of such. The same applies to any alterations carried out to the equipment supplied without the prior approval of ▇▇▇▇▇▇▇. 8. Should the use of the equipment supplied result in the infringement of industrial or intellectual property rights in Slovakia, ▇▇▇▇▇▇▇ will at their cost do whatever is necessary to assure that the Buyer has the basic right to continue to use the equipment or will modify the equipment in such a way - acceptable to the Buyer - that the infringement no longer exists. If this cannot be done within financially acceptable conditions or within a reasonable period of time, the Buyer shall have has the right to revoke the contract. Under these circumstances, ▇▇▇▇▇▇▇ also has the right to revoke the contract. Furthermore ▇▇▇▇▇▇▇ will absolve the Buyer from undisputed or legally binding claims of the owner of the industrial or intellectual property rights. 9. ▇▇▇▇▇▇▇’▇ obligations as described in urgent cases, paragraph VI.8 are subject to paragraph VII.2 in particular the case of infringement of industrial or intellectual property rights having been established. They are only valid if - the Buyer has made ▇▇▇▇▇▇▇ immediately aware of the fact that claims to avert danger industrial or avoid/limit damage, intellectual property rights have been enforced. - the Buyer supports ▇▇▇▇▇▇▇ to carry out the manner of remedy se- lected by the Buyeran appropriate extent in their defence against such claims as may have been enforced, or alternatively, assists ▇▇▇▇▇▇▇ in the execution of corrective modifications as described in paragraph VI.8. - all means of defence including out of court settlements remain available to have it carried out ▇▇▇▇▇▇▇ - the legal challenge was not instigated by a third par- ty, at the expense of the Seller. The Buyer shall have the same right if rectification of defects or delivery of a substi- tute fails or is refused. 8.5 If claims are asserted against information from the Buyer due to - the in- fringement of third-party rights in connection with the Sell- er’s delivery/service, the Seller shall be obliged to indemni- fy the Buyer against these claims upon written request. The Seller’s obligation to indemnify the Buyer shall relate to ex- penses necessarily incurred infringement was not caused by the Buyer from having made unauthorised changes to the equipment supplied or having used it in con- nection a way not compatible with the claims asserted against it by a third party. 8.6 Claims for defects shall become time-barred – except in cases of intention to deceive– in 36 months starting from the passage of risk, unless otherwise agreed. If the Seller meets its obligation to remedy a defect by supplying substi- tute goods, the period of limitation for said goods shall commence anew after they have been delivered.contract

Liability for defects. 8.1 The Seller warrants 1. Statements as to condition and durability and other statements shall only then be considered as independent guarantees if they as such have expressly been agreed and named. We do not assume liability for defects for the Buyer that the ordered goods or services are free of defects and legal imperfections in ti- tle at the time final products to be produced out of the passage components to be delivered by us. Specifically we shall not be liable as to functions and possibili- ties for use of risk. 8.2 If such products. Use, application and further production of these products occur outside of our possibilities of control and are therefore exclusively the Buyer informs the Seller responsibility of the intended use and place Buyer. Our consulting as to application technology oc- curs according to best knowledge, shall however only be considered as non-binding indication. Also as to potential intel- lectual property rights of use of the goods to be supplied, the Seller war- rants that its delivery and service are suitable for that use and place. 8.3 If a defect or imperfection in title exists, third parties the Buyer shall not be entitled to statutory warranty claims without reduction, unless otherwise agreedfreed from his own analysis whether the products delivered by us can be used for the intended procedures and purposes. 8.4 In principle2. The statute of limitation for defects in case of newly produced goods shall be one year. The sale of used goods shall always occur under complete exclusion of any liability for defects. 3. The claims of the Buyer to remove defects shall initially be restricted to a claim for additional performance, this means removal of the defect or delivery of another good. We have the right to choose between removal of the defect or delivery of another good. If the removal of the defect or the delivery of another good has failed the Buyer shall have the right to select either reduce the manner of remedypurchase price or to rescind the contract. If the Seller does not begin with subse- quent remedy as part The removal of the Agreementdefect shall be considered as having failed if and insofar as a reasonable time period granted to us for the additional performance has expired without result. The requirements to exercise the right to rescind the contract shall be governed by Sec. 323 German Civil Code. 4. We shall be liable according to the statutory provisions if the Buyer brings forward damage claims which are based on deceit, i.e. rectification intent or gross negligence, including deceit, intent or gross negligence of defects or delivery our auxiliary persons. Insofar as we are not confronted with an intentional violation of contract the liability shall be limited to the foreseeable, typically occurring damages. All other liability for damages shall be excluded; insofar we shall specifically not be liable for damages which do not occur to the good delivered, unless a violation of life, body and/or health is given. 5. In case of removal of the defect we shall bear all costs connected therewith, especially transportation cost, travel cost, labour cost and material cost unless the costs are increased by the fact that the good has been moved to another place than the place of delivery. 6. The claims of the Buyer for damages require that the Buyer meet his duties to inspect and give notice of a substitute, defect dis- covered as soon as it has been requested to do so by the Buyer, the Buyer shall have the right contained in urgent cases, Sec. 377 German Civil Code in particular to avert danger or avoid/limit damage, to carry out the manner of remedy se- lected by the Buyer, or to have it carried out by a third par- ty, at the expense of the Seller. The Buyer shall have the same right if rectification of defects or delivery of a substi- tute fails or is refusedan appropriate and timely manner. 8.5 If claims are asserted against the Buyer due to the in- fringement of third-party rights in connection with the Sell- er’s delivery/service, the Seller shall be obliged to indemni- fy the Buyer against these claims upon written request. The Seller’s obligation to indemnify the Buyer shall relate to ex- penses necessarily incurred by the Buyer from or in con- nection with the claims asserted against it by a third party. 8.6 Claims for defects shall become time-barred – except in cases of intention to deceive– in 36 months starting from the passage of risk, unless otherwise agreed. If the Seller meets its obligation to remedy a defect by supplying substi- tute goods, the period of limitation for said goods shall commence anew after they have been delivered.

Liability for defects. 8.1 1. The Seller warrants to shall deliver the Buyer that goods in normal quality or the ordered goods or services are free of defects and legal imperfections quality agreed in ti- tle at the time of the passage of riskpurchase agreement. 8.2 2. If the Buyer informs quantity or type of goods upon hand-over and take-over does not match the Seller of the intended use and place of use of purchase agreement or if the goods have obvious defects that it is possible to be supplied, the Seller war- rants that its delivery and service are suitable for that use and place. 8.3 If a defect or imperfection in title existsdetect with due attention, the Buyer shall be entitled and obliged to statutory warranty claims without reduction, unless otherwise agreedrecord such defects in the delivery note. 8.4 3. As the sale takes place between two entrepreneurs who specialise in the same market segment, liability for latent defects is excluded, which the Buyer expressly accepts. The Buyer shall inspect the goods and submit a written report to the Seller (by registered letter or by e-mail: ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇, ▇▇▇▇▇@▇▇▇▇▇.▇▇) concerning any defects without undue delay after the delivery of the goods to the Buyer (but no later than eight (8) days from the receipt of the delivery in the case of incorrect quantity, and no later than six (6) months from the receipt of the delivery in the event of other defects), otherwise the right of the Buyer arising from the liability for defects cannot be exercised in court proceedings. To the extent that it is not possible to exclude liability for latent defects, the provisions in the preceding sentence shall apply to latent defects of goods. 4. Normal wear and tear of the goods cannot be considered as defects. 5. Minor defects shall not result in any postponement of the Buyer’s obligation to take over the goods and pay the purchase price. 6. In principlethe event of defects, the Buyer shall have only be entitled to the right to select repair or replacement of parts approved by the manner of remedy. If the Seller does not begin with subse- quent remedy as part authorised representative of the Agreement, i.e. rectification of defects or delivery of a substitute, as soon as it has been requested to do so by the BuyerSeller. In particular, the Buyer shall have the right in urgent cases, in particular to avert danger not carry out any repairs itself or avoid/limit damage, hire a third party to carry out the manner repairs. Only parts that are defective due to construction or manufacturing flaws may be replaced free of remedy se- lected charge. The Buyer is entitled to a full replacement of the goods only if the authorised representative of the Seller recognises the goods as irreparable. The Seller will not accept any structural defects in the case of goods manufactured according to technical documenta- tion provided by the Buyer, . 7. The Seller shall determine the manner in which claims shall be settled. 8. The Seller reserves the right to modify the performance in part or in full or to have it carried out by replace the supplied goods, should the Seller consider this method a third par- ty, at the expense of the Sellermore appropriate way to remove defects. The Buyer shall have the same right if rectification of defects or delivery of a substi- tute fails or is refusedgives its consent thereto. 8.5 9. Any identified defects (specified in the delivery note) shall be removed without undue delay. If claims are asserted against the Buyer due then refuses to accept the in- fringement of third-party rights in connection with goods without a good reason, or if the Sell- er’s delivery/serviceBuyer refuses to sign the delivery note, the Seller shall record such a refusal in the delivery note and the goods shall be obliged to indemni- fy deemed handed over as of the moment of refusal of the Buyer against these claims upon written request. The Seller’s obligation to indemnify accept the Buyer shall relate to ex- penses necessarily incurred by goods or sign the Buyer from or in con- nection with the claims asserted against it by a third partydelivery note. 8.6 Claims for defects shall become time-barred – except in cases of intention to deceive– in 36 months starting from the passage of risk, unless otherwise agreed. If the Seller meets its obligation to remedy a defect by supplying substi- tute goods, the period of limitation for said goods shall commence anew after they have been delivered.

Liability for defects. 8.1 The Buyer is obliged to inspect the Goods and submit a written report of defects to the Seller warrants without undue delay after delivery of the Goods to the Buyer (but no later than eight (8) days from the receipt of the delivery in case of incorrect quantity and no later than six (6) months from the receipt of the delivery in the event of other defects), otherwise the right of the Buyer arising from the liability for defects cannot be exercised in court proceedings. Report of defects of the Goods shall contain: the name of the Buyer, address, telephone, e-mail (if available), tax document number, detailed description of the defect including a photo, if possible, and a description of how the defect occurred. 8.2 Upon receipt of the report of defects, the Seller shall inform the Buyer of the following procedure, depending on the type of Goods, and in particular where or whether shall the Buyer deliver the defective Goods. It is required, that the ordered goods Buyer presents a tax document (invoice) on the purchase of the defective Goods. In case the Goods need to be returned to the Seller, the Buyer shall secure the Goods in such a way to avoid damage during transport. The Buyer acknowledges that in case of failure to comply with this obligation, the claim may not be accepted. 8.3 The Seller is obliged to settle the claim without undue delay, at the latest within one month from the date of its delivery or services are free the date of the hand-over of the claimed Goods. Depending on the type of defects and legal imperfections the nature of the Goods, in ti- tle accordance with the laws in force in the Czech Republic, accepted complaints shall be resolved by repairing, replacing the Goods or returning the paid Purchase Price (respectively). Only parts that are defective due to construction or manufacturing flaws may be replaced free of charge. The Buyer is entitled to a full replacement of the Goods only if the authorized representative of the Seller recognizes the Goods as irreparable. The Seller shall not accept any structural defects in the case of Goods manufactured according to technical documentation provided by the Buyer. 8.4 If the claim is accepted, the Seller shall, within the period specified in the preceding paragraph, request the Buyer to collect the repaired or replaced Goods or send the Goods to the Buyer at its expense by mail to the address specified by the Buyer. If the claim is not accepted by the Seller, it shall notify the Buyer thereof within the time period specified in the previous paragraph. Together with the notice of non-acceptance of the passage claim, the Seller shall inform the Buyer of riskhow much the replacement or repair of the Goods would cost. 8.2 If 8.5 The Buyer shall notify the Seller without undue delay upon receipt of a notice of non- acceptance of the complaint whether it requests the replacement or repair of the Goods for consideration, otherwise, the Buyer informs is obliged to collect the Goods or inform the Seller of the intended use and place of use of address to which the goods to be supplied, the Seller war- rants that its delivery and service are suitable for that use and place. 8.3 If a defect or imperfection in title exists, the Buyer Goods shall be entitled delivered within the exact period. The cost of returning the Goods to statutory warranty claims without reductionthe Buyer, unless otherwise agreed. 8.4 In principlein this case, the Buyer shall have the right to select the manner of remedy. If the Seller does not begin with subse- quent remedy as part of the Agreement, i.e. rectification of defects or delivery of a substitute, as soon as it has been requested to do so be borne by the Buyer, the Buyer . 8.6 The Seller shall have the right in urgent cases, in particular to avert danger or avoid/limit damage, to carry out the manner of remedy se- lected by the Buyer, or to have it carried out by a third par- ty, at the expense not be liable for defects resulting from normal use and wear of the Seller. The Buyer shall have the same right if rectification of Goods, its functional properties or for defects caused by improper handling or delivery of a substi- tute fails or is refused. 8.5 If claims are asserted against the Buyer due to the in- fringement of third-party rights in connection with the Sell- er’s delivery/servicemaintenance, the Seller shall be obliged to indemni- fy the Buyer against these claims upon written request. The Seller’s obligation to indemnify the Buyer shall relate to ex- penses necessarily incurred as well as for defects caused exclusively by the Buyer from or in con- nection with external events. 8.7 Minor and insignificant defects shall not postpone the claims asserted against it obligation of the Buyer to take over the Goods and pay the Purchase Price. 8.8 The Buyer is not entitled to repair or provide a repair by a third party. 8.6 Claims for defects shall become time-barred – except in cases of intention to deceive– in 36 months starting from the passage of risk, unless otherwise agreed. If the Seller meets its obligation to remedy a defect by supplying substi- tute goods, the period of limitation for said goods shall commence anew after they have been delivered.

Liability for defects. 8.1 10.1 The Seller warrants shall, pursuant to the Buyer provisions of this Clause 10, by repair or replacement remedy any defect in the Goods resulting from faulty design, materials or workmanship. 10.2 The Seller’s liability is limited to defects which appear within a period of one year from the date of delivery of the Goods. Notwithstanding the above, in the event that the ordered goods Goods (i) are used more intensely than as set out in the Specification; or services (ii) in the absence of an agreed use in the Specification, are free of defects and legal imperfections in ti- tle used more intensely than could be reasonably foreseen at the time formation of the passage of riskContract, then in either case the warranty will be void. 8.2 10.3 The Buyer shall notify the Seller in writing of any defect without delay after the defect becomes apparent, and in no case later than two weeks after its discovery. The notice shall contain a description of how the defect manifests itself. Notice of a defect must be given immediately if there is reason to believe that the defect may cause damage or loss, and the Buyer agrees that it shall not be entitled to pursue any claim for loss resulting from its failure to notify the Seller of a defect. If the Buyer informs fails to notify the Seller of a defect in writing within the intended use and place of use time limits set forth in this Clause, he shall forfeit his right to make any claim in respect of the goods defect. 10.4 On receipt of the written notice according to be supplied, Clause 10.3 the Seller war- rants that its delivery and service are suitable for that use and place. 8.3 If a defect or imperfection in title exists, shall notify the Buyer shall be entitled whether remedy of the defect is to statutory warranty claims without reduction, unless otherwise agreed. 8.4 In principle, take place at the Buyer's premises or whether the Seller requires the Buyer shall have to return the right defective part or the Goods to select the manner of remedy. If the Seller does not begin with subse- quent remedy as part of the Agreement, i.e. rectification of defects for repair or delivery of a substitute, as soon as it has been requested to do so by the Buyer, the Buyer shall have the right in urgent cases, in particular to avert danger or avoid/limit damage, to carry out the manner of remedy se- lected by the Buyer, or to have it carried out by a third par- ty, replacement at the expense of the Seller's premises. The Buyer shall have carry out dismantling, and re-installation of the same right if rectification of defects or delivery of a substi- tute fails or is refusedpart. 8.5 10.5 If claims are asserted against the Buyer due to gives such notice as described in Clause 10.3 and no defect is found for which the in- fringement of third-party rights in connection with the Sell- er’s delivery/serviceSeller is liable, the Seller shall be obliged entitled to indemni- fy compensation for the work and costs which he has incurred as a result of the notice. 10.6 If dismantling or re-installation of the Goods necessitates intervention in other equipment than the Goods, the labour and costs resulting therefrom shall be the Buyer’s responsibility. 10.7 All commercially reasonable transport in connection with repair or replacement shall be at the Seller’s risk and expense, and such expense shall be limited to transport by road vehicle or such other form of transport as specified by the Seller. 10.8 The Buyer against these claims upon written requestshall bear the increase in costs for remedying a defect which the Seller incurs when the Goods are situated elsewhere than at the destination stated in the Contract or - if no destination has been stated - the place of delivery. 10.9 If the defect is substantial and not capable of repair, the Seller may at its option replace the defective part. 10.9.1 Defective parts which are replaced in accordance with Clause 10.1 shall be placed at the Seller’s disposal and shall become its property. 10.9.2 The Seller is not liable for defects arising out of materials provided or specified by, or a design stipulated or specified by the Buyer. 10.9.3 The Seller is only liable for defects which appear under the conditions of operation provided for in the Contract and under proper use of the Goods. The Seller’s obligation liability does not extend to indemnify defects which are caused by or on behalf of the Buyer shall relate to ex- penses necessarily incurred by the Buyer from Buyer. The Seller’s liability does not cover fair wear and tear or in con- nection with the claims asserted against it by a third party. 8.6 Claims for defects shall become time-barred – except in cases of intention to deceive– in 36 months starting from the passage of riskdeterioration, unless otherwise agreed. If and the Seller meets its obligation shall not be liable for any defect which arises as a result of the Buyer's action, inaction (including failure to remedy a defect by supplying substi- tute goodscomply with any Specification) or negligence including but not limited to, the period of limitation for said goods shall commence anew after they have been deliveredcorrosion, erosion or fouling.

Liability for defects. 8.1 The Seller warrants (1) Unless otherwise agreed the guarantee period will be twelve months from transfer of risk acc. to § 2, section 3. (2) If any of Seller's operating or maintenance instructions are not observed, products are changed, parts replaced or consumables used that do not comply with the original specifications, any guaran- tee will become null and void, unless Buyer disproves a corresponding substantiated statement saying that the ordered goods or services are free defect has been caused by one of those circumstances. (3) Claims for defects require that Buyer has properly fulfilled his obligations of inspection and legal imperfections in ti- tle at the time complaints acc. to § 377 of the passage of risk. 8.2 If German commercial code. Therefore ▇▇▇▇▇ will inform in writing Seller's customer service management about the Buyer informs the Seller defects immediately but not later than within one week from receipt of the intended use and place of use of the goods object to be supplied, the . Any defects that cannot be discovered within that term despite thorough inspection will be notified in writing to Seller war- rants that its delivery and service are suitable for that use and placeimmediately after their discov- ery. 8.3 If a defect or imperfection in title exists, (4) Inasmuch as the Buyer shall bought object is defective Seller will be entitled to statutory warranty claims without reduction, unless otherwise agreed. 8.4 In principle, the Buyer shall have the right to select the manner of remedy. If the Seller does not begin with subse- quent remedy as part of the Agreement, i.e. rectification of optionally deliver a new ob- ject free from defects or delivery to rework the faulty object. In case of a substitute, as soon as it has been requested reworking Seller will be entitled to do so by demand that - at his costs: a) the Buyer, faulty part and/or unit is sent to Seller for repair and subsequently returned; b) Buyer keeps available the faulty part and/or unit and one of Seller's service technicians is sent to Buyer shall have the right in urgent cases, in particular to avert danger or avoid/limit damage, to carry out the manner repair. If ▇▇▇▇▇ demands that remedies of remedy se- lected by the Buyer, or to have it deficiencies are carried out at a place defined by him Seller may agree to this demand and the parts being involved with fault liability will not be charged, whereas the working time and travelling expenses will be paid based on Seller's standard rates. (5) If rework is not carried out within a third par- ty, at the expense reasonable term Buyer may optionally demand reduction of payment or annulment of the Seller. The Buyer shall have the same right if rectification of defects or delivery of a substi- tute fails or is refusedcontract. 8.5 If claims are asserted against the Buyer due (6) Seller will be liable acc. to the in- fringement legal regulations if ▇▇▇▇▇ claims for damages that are based on wilful intent and gross negligence. If Seller cannot be made responsible for wilful breach of third-party rights in connection with con- tract, liability for damages will be limited to the Sell- er’s delivery/service, the Seller shall be obliged to indemni- fy the Buyer against these claims upon written request. The Seller’s obligation to indemnify the Buyer shall relate to ex- penses necessarily incurred by the Buyer from or in con- nection with the claims asserted against it by a third partytypically foreseeable damage. 8.6 Claims (7) Liability for defects shall become time-barred – except in cases culpable injury to life, limb or health will remain unaffected; this also applies to man- datory liability acc. to the product liability act. (8) If Buyer makes objects available to Seller for connection, mixture and/or processing and/or de- mands that defined Suppliers' objects are connected, mixed and/or processed, Buyer will exempt Seller upon first demand from any possible claims acc. to § 4 section 2 of intention to deceive– in 36 months starting from the passage of riskproduct liability act, unless Buyer proves that a possible defect is not causally related to his instructions. In such cases Buyer will waive to refer to § 278 of the German civil code vis-à-vis Seller. (9) Unless otherwise agreed. If the Seller meets its obligation to remedy a defect by supplying substi- tute goodsagreed as aforesaid, the period of limitation for said goods shall commence anew after they have been deliveredliability will be excluded.

Liability for defects. 8.1 The Seller warrants 1. Orderer shall be obliged to carefully examine the Buyer that completeness and accordance of the ordered goods or services are free item immediately after receipt. The notice of defects according to section 377 subsections 1 and legal imperfections in ti- tle at the time 2 HGB shall amount to 8 days; Supplier’s receipt of written (also by fax) notice of defect shall be decisive. 2. In case Orderer intends to assert claims arising from defects of the passage ordered item, he shall be obliged to hand over to Supplier ordered item or parts thereof for inspection, unless this is technically not possible or impossible (e.g. fixed large systems). Provided that notice of riskdefect is justified and in due time, Supplier shall at his option either remedy the defect or deliver a faultless item. Costs for removal of defects including costs for transport, toll, labor and material shall be borne by Supplier. This shall also apply for delivery and shipment costs according to sentence 1 in the ordinary scope. In case costs to remedy defect increase because Orderer placed ordered item at another than the place of delivery, Orderer shall bear additional costs. 8.2 If the Buyer informs the Seller of the intended use and place of use of the goods to be supplied, the Seller war- rants that its delivery and service are suitable for that use and place. 8.3 If a defect or imperfection in title exists, the Buyer 3. Supplier shall be entitled to statutory warranty claims without reductionrefuse subsequent performance according to the provision of the law. Orderer shall, in case of refusal of subsequent performance, its failure or impossibility for Orderer, be entitled to cancel the contract to or reduce the purchase price according subsequent section 4. 4. Orderer shall only be entitled to resign from the contract - provided that such cancellation is not illegal - or to reduce the purchase price after unsatisfied expiration of reasonable notice for remedy of defects determined by ▇▇▇▇▇▇▇, unless otherwise agreedthe fixing of such notice is disposable according to the provisions of law. In case of a cancellation of contract, Orderer shall not only be liable for deterioration, loss and non-derived profit for the own ordinary care, but also for each and every negligence and intended fault. 8.4 In principle, the Buyer 5. The provisions in section IX shall have the right to select the manner apply for any possible claims for damages and expenses of remedyOrderer. 6. If the Seller Supplier’s liability for defects does not begin apply if Orderer does not follow operating and service instructions, changes parts or uses consumables not complying with subse- quent remedy as part original specifications, unless Orderer provides evidence that defect is not based thereon. Liability for defects of the Agreement, i.e. rectification of defects ordered item or delivery of a substitute, as soon as it has been requested to do so by parts thereof originating from the Buyer, the Buyer shall have the right in urgent cases, in particular to avert danger or avoid/limit damage, to carry out the manner of remedy se- lected by the Buyer, or to have it carried out by a third par- ty, at the expense of the Sellerordinary wear is basically excluded. 7. The Buyer shall have the same right if rectification of defects or delivery of a substi- tute fails or is refused. 8.5 If claims are asserted against the Buyer due to the in- fringement of third-party rights in connection with the Sell- er’s delivery/service, the Seller shall be obliged to indemni- fy the Buyer against these claims upon written request. The Seller’s obligation to indemnify the Buyer shall relate to ex- penses necessarily incurred by the Buyer from or in con- nection with the claims asserted against it by a third party. 8.6 Claims for defects shall become time-barred – except in cases of intention to deceive– in 36 months starting from the passage of risk, unless otherwise agreed. If the Seller meets its obligation to remedy a defect by supplying substi- tute goods, the period of limitation for said goods all defects related claims shall commence anew after they have be one year as of the date on which the limitation period commences to run under law. The statutory period of limitation provided under BGB section 438 subsection 1 no. 2 and section 634a subsection 1 no. 2 shall, however, apply to any structure, and to any item that, according to its ordinary manner of use, has been deliveredused for such a structure and that has caused the defectiveness of that structure. In any case of intentional misconduct or intentional misrepresentation, and in any case provided for under BGB §§ 478, 479, the statutory periods shall apply as well.

Liability for defects. 8.1 The Seller warrants ( 1 ) Claims in respect of defects made by the purchaser require that he has com- plied with his responsibility to investigate and complain according to § 377 HGB. If the Buyer purchaser does not give us the opportunity to convince ourselves of the defect, especially as long as he does not provide us with samples of the goods complained of upon request, he cannot make a claim in respect of defects. ▇▇▇▇▇ complained of cannot be returned to us until a full investiga- tion and clarification of the claim as well as consultation with us have taken place. ( 2 ) A defect only exists if there is an objective discrepancy between the pur- chased goods and the specifications or designs that they are based on. A complaint cannot be made about product features that are not specified and therefore not guaranteed. ( 3 ) If a defect in the ordered purchased goods is found to exist, the purchaser is entitled to demand remedy either in form of a correction of the defect or services in form of the delivery of new goods free of defects, in which case the cheaper alternative should be chosen first. We are responsible for carrying all costs involved in the correction of the defect, particularly transport costs, labour costs and material costs, as long as these are not increased as a result of transportation of the purchased goods to a place other than the place of fulfilment. ( 4 ) If a correction of the defect or delivery of new goods free of defects fail to take place, the purchaser has the right to either withdraw from the contract or to demand a reduction. ( 5 ) We are liable according to legal regulations if the purchaser sets up a claim for damages that are caused by intention or by gross negligence, including those caused by intention or by gross negligence on the part of our repre- sentatives and employees. Unless we are guilty of intentional violation of the contract, liability for claims for damages is limited to the predictable, typically occurring damage . ( 6 ) We are liable according to legal imperfections regulations if we are guilty of violating an es- sential term of the contract; in ti- tle this case, however, liability for compensation is limited to the predictable, typically occurring damage. ( 7 ) Should the purchaser be entitled to compensation instead of delivery of the goods, liability by us is limited to the predictable, typically occurring dam- age. This includes cases outlined in ( 4 ). ( 8 ) Unless otherwise defined by the law, the predictable, typically occurring damage is fixed to a maximum of the value of the goods. ( 9 ) Liability for violation of life, of the body or of health remains unaffected; this is also valid for imperative liability according to the product liability law. ( 10 ) Unless otherwise stated in the above, liability is excluded. ( 11 ) The statutory period of limitation for claims for damages is 12 months, start- ing at the time of the passage devolution of risk. 8.2 If ( 12 ) In the Buyer informs event of a recourse concerning the Seller of the intended use and place of use of the goods to be supplieddelivery, the Seller war- rants that its delivery and service are suitable for that use and place. 8.3 If a defect or imperfection in title exists, the Buyer shall be entitled to statutory warranty claims without reduction, unless otherwise agreed. 8.4 In principle, the Buyer shall have the right to select the manner of remedy. If the Seller does not begin with subse- quent remedy as part of the Agreement, i.e. rectification of defects or delivery of a substitute, as soon as it has been requested to do so by the Buyer, the Buyer shall have the right in urgent cases, in particular to avert danger or avoid/limit damage, to carry out the manner of remedy se- lected by the Buyer, or to have it carried out by a third par- ty, at the expense of the Seller. The Buyer shall have the same right if rectification of defects or delivery of a substi- tute fails or is refused. 8.5 If claims are asserted against the Buyer due to the in- fringement of third-party rights in connection with the Sell- er’s delivery/service, the Seller shall be obliged to indemni- fy the Buyer against these claims upon written request. The Seller’s obligation to indemnify the Buyer shall relate to ex- penses necessarily incurred by the Buyer from or in con- nection with the claims asserted against it by a third party. 8.6 Claims for defects shall become time-barred – except in cases of intention to deceive– in 36 months starting from the passage of risk, unless otherwise agreed. If the Seller meets its obligation to remedy a defect by supplying substi- tute goods, the period of limitation for said according to §§ 478, 479 BGB remains unaffected; it amounts to 5 years, starting with the time of delivery of the defect goods. ( 13 ) As far as mass production goods shall commence anew after they have been deliveredare concerned, we are entitled to deliver up to 10 per cent more or 10 per cent less than the ordered quantity without having to adapt our selling price; it is also agreed that goods delivered on this basis are regarded as conforming to the contract.