Common use of Liability for defects Clause in Contracts

Liability for defects. 1. In the event of the delivered goods showing defects that were already in existence at the time of risk transfer, the Supplier shall repair or deliver replacement goods as long as a complaint about the defect has been submitted on time. The Supplier shall be granted sufficient opportunity to repair the goods within a reasonable period or grace. Depending on the type of products, their weight, number of metres, number of units and dimensions may deviate by up to 10% upon delivery, both with regard to the final total and individual partial deliveries. The DIN tolerances shall apply to complaints regarding DIN standard goods. 2. In the event of a mutual trading transaction, the Buyer shall submit written complaints about any defects that are recognisable during an inspection during the proper course of business immediately, but no later than after five working days. Failure to do so shall result in the delivery being deemed to have been approved. In the event of a defect being detected at a later date, a complaint shall be submitted and any processing and/or finishing work discontinued immediately. Should the Buyer use the goods despite the defect or should the Buyer fail to submit a complaint immediately, the Supplier shall generally assume that the goods are suitable, which shall exclude a justified defect. 3. The actual processing of a complaint about defects shall not justify non-compliance with the provisions in sections 1 to 2. 4. If the complaint proves to be justified, the Supplier shall subsequently fulfil the Agreement by rectifying the defect or delivering non-defective goods free of charge and free of shipping costs, as requested by the Buyer, and depending on the type of product, also according to weight (metre for metre, etc.). Sections 1 to 3 shall apply to the approval of the replacement goods. Expenses incurred by the Buyer for installation and removal of items within the scope of the subsequent fulfilment shall be limited to the value of the goods if the Buyer performs, or engages a third party to perform, the installation and removal. Should a defect occur, the Buyer shall give the Supplier the opportunity to remove and re-install the defective item, unless the Buyer receives a justified claim by way of supplier recourse (Section 445a BGB). Defect claims shall not arise in the case of defects caused after the risk transfer due to incorrect or negligent handling, overuse, unsuitable or insufficient processing or particular external effects that have not been stated in the Agreement. Should the Buyer or third party perform unprofessional maintenance work or modifications, no claims for defects shall arise thereof or from the consequences of such unprofessional work. 5. Claims for damages by the Buyer on the grounds of violations of duty or prohibited actions shall be excluded, unless they are based on actions of malicious intent or gross negligence, or violations of material contractual obligations by us or one of our vicarious agents or if we are liable for injury to life, limb and health. In the event of us being liable to pay damages, such liability shall always be limited to the damage foreseeable on the date of the conclusion of this Agreement. Claims on the grounds of a violation of duty arising from the debt relationship, except material contractual obligations, shall expire by limitation within the same period as the warranty rights. Claims on the grounds of the negligent failure to provide information on negative properties of our products shall be excluded, unless they cause physical defects and unless we have assumed additional and explicit consulting services for the Buyer. This shall not affect our liability in accordance with product liability law. 6. The Supplier may refuse to rectify defects if the Buyer fails to meets its obligations. This shall not affect the Buyer’s right to be reimbursed for a pro-rata share of the price. 7. Technical advice and recommendations issued by the Supplier are based on diligent checks and shall not relieve the Buyer from performing its own checks for their suitability for the intended methods and purposes.

Liability for defects. (1) The supplier must provide a one-year warranty for his products and services. The warranty period shall begin with the transfer of risk (Item III, Para. 1). In the event of product deliveries to locations where the delivered goods showing defects that were already in existence at the time purchaser is conducting projects outside of risk transferhis factories or facilities, the Supplier warranty period shall repair begin with the acceptance by the party for whom the purchaser is conducting the project or deliver replacement goods as long as a complaint about the defect has been submitted on timeprojects. The Supplier warranty period shall be granted sufficient opportunity to repair the goods within a reasonable period or grace. Depending on the type of products, their weight, number of metres, number of units and dimensions may deviate by up to 10% upon delivery, both with regard to the final total and individual partial deliveries. The DIN tolerances shall apply to complaints regarding DIN standard goods. 2. In the event of a mutual trading transaction, the Buyer shall submit written complaints about any defects that are recognisable during an inspection during the proper course of business immediately, but end no later than after five working days. Failure to do so shall result in the delivery being deemed to have been approved. In the event two years following transfer of a defect being detected at a later date, a complaint shall be submitted and any processing and/or finishing work discontinued immediately. Should the Buyer use the goods despite the defect or should the Buyer fail to submit a complaint immediately, the Supplier shall generally assume that the goods are suitable, which shall exclude a justified defectrisk. 3. The actual processing (2) If defects are determined before or upon transfer of a complaint about defects shall not justify non-compliance with risk or appear during the provisions in sections 1 to 2. 4. If warranty period, then the complaint proves to be justified, supplier must bear the Supplier shall subsequently fulfil the Agreement by rectifying costs for either eliminating the defect or delivering a new non-defective goods free of charge and free of shipping costsproduct or service, as requested by based upon the Buyer, and depending on the type of product, also according to weight (metre for metre, etc.). Sections 1 to 3 shall apply to the approval of the replacement goods. Expenses incurred by the Buyer for installation and removal of items within the scope of the subsequent fulfilment shall be limited to the value of the goods if the Buyer performs, or engages a third party to perform, the installation and removal. Should a defect occur, the Buyer shall give the Supplier the opportunity to remove and re-install the defective item, unless the Buyer receives a justified claim by way of supplier recourse (Section 445a BGB). Defect claims shall not arise in the case of defects caused after the risk transfer due to incorrect or negligent handling, overuse, unsuitable or insufficient processing or particular external effects that have not been stated in the Agreement. Should the Buyer or third party perform unprofessional maintenance work or modifications, no claims for defects shall arise thereof or from the consequences of such unprofessional work. 5. Claims for damages by the Buyer on the grounds of violations of duty or prohibited actions shall be excluded, unless they are based on actions of malicious intent or gross negligence, or violations of material contractual obligations by us or one of our vicarious agents or if we are liable for injury to life, limb and health. In the event of us being liable to pay damages, such liability shall always be limited to the damage foreseeable on the date of the conclusion of this Agreement. Claims on the grounds of a violation of duty arising from the debt relationship, except material contractual obligations, shall expire by limitation within the same period as the warranty rights. Claims on the grounds of the negligent failure to provide information on negative properties of our products shall be excluded, unless they cause physical defects and unless we have assumed additional and explicit consulting services for the Buyerpurchaser's choice. This shall not affect our liability also apply to product deliveries in accordance with product liability lawwhich inspection is limited to random samples. The purchaser shall make a decision based upon his own reasonable discretion. 6. The Supplier may refuse to rectify defects if (3) If the Buyer supplier fails to meets its obligationsremedy the defect or provide a new product delivery or service within an appropriate time period determined by the purchaser, then the purchaser shall have the right to withdraw fully or partially from the Contract without compensation, or to require a reduction of the price, or to demand that the supplier perform or have performed at his own cost repairs or new product deliveries, or to demand compensation for nonperformance. This shall not affect also apply if the Buyer’s right supplier declares that he is unable to be reimbursed for remedy the defect or to deliver a pro-rata share new product or service within an appropriate period of the pricetime. (4) Repairs may be performed at supplier's cost without the specification of a time period if delivery is made following the onset of a delay and the purchaser has an interest in immediate repair in order to avoid a delay or for other reasons of urgency. (5) The rights described above shall expire one year after the defect is reported. (6) More extensive legal rights, especially regarding reimbursement of costs for useless work or processing, shall remain unaffected. (7. Technical advice ) Complaints regarding defects may be raised within one month of product delivery or performance of service or, if the defect is noticed only during work, processing or utilization, with one month from the time that the defect is detected. (8) The aforementioned arrangements shall apply similarly for services performed to remedy defects. (9) The supplier shall bear the costs and recommendations issued by the Supplier are based on diligent checks and shall not relieve the Buyer from performing its own checks for their suitability risks for the intended methods and purposesreturn of defective delivered products.

Liability for defects. As a prerequisite for ▇▇▇▇▇▇▇´s defects liability, the Purchaser shall be obligated to immediately carefully check the delivery item for completeness and correctness. Notification of any defects has to be in writing and without delay. This applies also for subsequently detected defects. Subject to Art. VII. ▇▇▇▇▇▇▇ shall provide a warranty for defects of material and defects of title as follows to the exclusion of all further claims: 1. In the event of the delivered goods showing defects that were already in existence at the time of risk transfer, the Supplier ▇▇▇▇▇▇▇ shall be obligated to repair or deliver replacement goods as long as a complaint about replace all parts free of charge that turn out to be unusable or impaired if the defect has been submitted on timecircumstances causing the defects occurred before pass of risk. The Supplier ▇▇▇▇▇▇▇ shall be granted sufficient opportunity to repair the goods within a reasonable period or graceinformed immediately in writing. Depending on the type Replaced parts shall become property of products, their weight, number of metres, number of units and dimensions may deviate by up to 10% upon delivery, both with regard to the final total and individual partial deliveries. The DIN tolerances shall apply to complaints regarding DIN standard goods▇▇▇▇▇▇▇. 2. In Upon consultation with ▇▇▇▇▇▇▇ the event Purchaser shall ▇▇▇▇▇ ▇▇▇▇▇▇▇ reasonable time and opportunity for all repair and replacement delivery necessary; otherwise ▇▇▇▇▇▇▇ shall be exempt from liability for any and all consequences arising therefrom. Only in urgent cases of a mutual trading transactionthreats to the operational safety and in order to prevent excessively great damages, the Buyer Purchaser shall submit written complaints about any defects that are recognisable during an inspection during have to right to remedy the proper course of business immediately, but no later than after five working days. Failure damage by himself or a third party and then to do so shall result in claim the delivery being deemed to have been approved. In expenses for the event of a defect being detected at a later date, a complaint shall be submitted and any processing and/or finishing work discontinued immediately. Should the Buyer use the goods despite the defect or should the Buyer fail to submit a complaint immediately, the Supplier shall generally assume that the goods are suitable, which shall exclude a justified defectcorrections from ▇▇▇▇▇▇▇. 3. The actual processing costs arising from the repair or replacement delivery including shipping costs are borne by ▇▇▇▇▇▇▇, provided that the complaint proves justified. In addition it shall bear the costs of a complaint about defects shall disassembly and assembly as well as the costs of providing the required mechanics and assistants including travel expenses, provided this is not justify non-compliance with the provisions in sections 1 to 2an unreasonable burden imposed on ▇▇▇▇▇▇▇. 4. If The Purchaser shall only be entitled to withdraw from the complaint proves to be justifiedcontract – if withdrawal is not excluded by law – after the unsuccessful expiry of a reasonable period of grace granted by him for supplementary performance. In case of only a minor deficiency, the Supplier Purchaser shall subsequently fulfil merely have the Agreement by rectifying right to reduce the defect or delivering non-defective goods free of charge and free of shipping costs, as requested by contractual price. For the Buyer, and depending on remainder the type of product, also according right to weight (metre for metre, etc.). Sections 1 to 3 shall apply to demand a reduction in the approval of the replacement goods. Expenses incurred by the Buyer for installation and removal of items within the scope of the subsequent fulfilment contractual price shall be limited to the value of the goods if the Buyer performs, or engages a third party to perform, the installation and removalexcluded. Should a defect occur, the Buyer shall give the Supplier the opportunity to remove and re-install the defective item, unless the Buyer receives a justified claim by way of supplier recourse (Section 445a BGB). Defect All other claims shall not arise be determined in the case accordance with Art. VII. 2 – 4 of defects caused after the risk transfer due to incorrect or negligent handling, overuse, unsuitable or insufficient processing or particular external effects that have not been stated in the Agreement. Should the Buyer or third party perform unprofessional maintenance work or modifications, no claims for defects shall arise thereof or from the consequences of such unprofessional workthese terms and conditions. 5. Claims for damages In particular, no liability shall be accepted in the following circumstances: Unsuitable or unqualified use, imperfect assembly respectively initial operation by the Buyer on the grounds of violations of duty customer or prohibited actions shall be excludeda third party, normal wear and tear, incorrect or negligent treatment, improper maintenance, unsuitable expendables and replacement materials, defective construction work, unsuitable construction ground, chemical, electrochemical or electric influences, unless they are based can be traced back to negligence on actions part of malicious intent or gross negligence, or violations of material contractual obligations by us or one of our vicarious agents or if we are liable for injury to life, limb and health. In the event of us being liable to pay damages, such liability shall always be limited to the damage foreseeable on the date of the conclusion of this Agreement. Claims on the grounds of a violation of duty arising from the debt relationship, except material contractual obligations, shall expire by limitation within the same period as the warranty rights. Claims on the grounds of the negligent failure to provide information on negative properties of our products shall be excluded, unless they cause physical defects and unless we have assumed additional and explicit consulting services for the Buyer. This shall not affect our liability in accordance with product liability law▇▇▇▇▇▇▇. 6. The Supplier may refuse to rectify defects if If the Buyer fails to meets its obligations. This customer or a third party effects improper improvement, ▇▇▇▇▇▇▇ shall not affect be liable for the Buyer’s right consequences arising therefrom. The same shall apply for modifications to be reimbursed for a pro-rata share the delivery item made without prior consent of the price▇▇▇▇▇▇▇. 7. Technical advice and recommendations issued by the Supplier are based on diligent checks and Subsequent performance – irrespective of its extent – shall not relieve the Buyer from performing its own checks for their suitability be considered as an acknowledgement of any asserted defects by ▇▇▇▇▇▇▇. Only legal representatives and authorized representatives are entitled to provide acknowledgements. 8. In so far as a complaint of a defect proves unjustified, ▇▇▇▇▇▇▇ shall claim compensation for the intended methods and purposesnecessary expenses arising therefrom.

Liability for defects. a) The Seller shall guarantee that the delivery item does not have any defects impairing its value or fitness and that it conforms with the terms and conditions and quality descriptions set forth in the contract. The Seller shall further guarantee that the delivery item complies with government regula- tions and statutory provisions, particularly the relevant health and safety regulations and regulations for the prevention of accidents, even if it is has been manufactured to the customer’s specifications. b) If deliveries or performances do not meet the requirements pursuant to item 10 a), the Pur- chaser shall, at its option, be entitled to demand that the defect be remedied or that it be supplied with an object free from defects – if necessary by using other designs or other combinations of materials – or to rescind the contract or to reduce the purchase price. Damage claims for defective deliveries or performances according to the statutory provisions shall remain unaffected. c) If the Seller defaults in remedying a defect or in delivering a thing free from defects or if it is necessary to remedy a defect immediately to safeguard the Purchaser’s interests, the Purchaser may at the Seller’s expense – in the latter case after informing the Seller – remedy the defect itself or have the defect remedied by third parties or arrange for the delivery of an object free from defects. In any event, the Purchaser may remedy minor defects itself or arrange for the same to be remedied, i.e. without the conditions mentioned in sentence 1; the Seller shall be sent a report and a statement of costs concerning this after a defect has been remedied or an object free from defects has been deliv- ered. d) All costs of remedying a defect or of delivering an object free from defects shall invariably be borne by the Seller. e) After a failed attempt at remedying a defect and in the event of default in delivering an object free from defects, the Purchaser shall be entitled to rescind the contract or reduce the purchase price. Claims for damages, particularly damages in lieu of performance, remain reserved. f) The Purchaser shall not be under any obligation to carry out an inspection or give notice of defects before the Seller has effected deliveries or performed in full. The Purchaser shall properly carry out a receiving inspection by taking samples on a reasonable scale with regard to the identity, weight, measurements and appearance of the item delivered without undue delay after receipt, within five working days at the latest. The Purchaser shall not be obliged to carry out technical operational tests and other inspections until the putting into operation (e.g. trial run). The Purchaser shall give notice of obvious defects of the delivery item without undue delay, within 7 (seven) days of receipt of the delivery item at the latest. Notices of other defects shall be given within 7 (seven) days of discov- ery of the defects. g) The limitation period shall amount to 36 (thirtysix) months, calculated from the passing of risk; the limitation period may not be shortened without the Purchaser’s express written consent. The limi- tation period shall be prolonged by the period of measures taken by the Seller to remedy defects and to deliver an object free from defects as from receipt of the Purchaser’s notice of defects, until the Seller has declared in writing the measures to be completed or refuses to remedy a defect further or to deliver an object free from defects. In the event of the delivered goods showing Purchaser remedying a defect itself or arrang- ing for the delivery of an object free from defects that were already in existence at the time of risk transferpursuant to Section 10 c), the Supplier shall repair or deliver replacement goods as long as a complaint about the defect has been submitted on time. The Supplier limitation period shall be granted sufficient opportunity to repair prolonged by the goods within a reasonable period until the completion of the remedying of the defects or grace. Depending on the type delivery of products, their weight, number of metres, number of units and dimensions may deviate by up to 10% upon delivery, both with regard to the final total and individual partial deliveries. The DIN tolerances shall apply to complaints regarding DIN standard goodsan object free from defects. 2. In h) The Seller shall give a separate warranty for the event of a mutual trading transaction, the Buyer shall submit written complaints about any defects that are recognisable during an inspection during the proper course of business immediately, but no later than after five working days. Failure to do so shall result in the delivery being deemed to have been approved. In the event remedying of a defect being detected at a later dateand delivery of an ob- ject free from defects to the extent and in the periods applicable to the primary obligation, a complaint whereby the limitations periods shall be submitted and any processing and/or finishing work discontinued immediately. Should each begin to run as from the Buyer use completion of the goods despite remedying of defects or the delivery of an object free from defects. i) The Seller shall indemnify the Purchaser against all claims of third parties based on product defects to the extent that the Seller is answerable for the defect or should the Buyer fail giving rise to submit a complaint immediatelyliability. Furthermore, the Supplier Seller shall generally assume that bear the goods are suitable, which shall exclude a justified defectcosts of any recall campaign. 3. The actual processing of a complaint about defects shall not justify non-compliance with the provisions in sections 1 to 2. 4. If the complaint proves to be justified, the Supplier shall subsequently fulfil the Agreement by rectifying the defect or delivering non-defective goods free of charge and free of shipping costs, as requested by the Buyer, and depending on the type of product, also according to weight (metre for metre, etc.). Sections 1 to 3 shall apply to the approval of the replacement goods. Expenses incurred by the Buyer for installation and removal of items within the scope of the subsequent fulfilment shall be limited to the value of the goods if the Buyer performs, or engages a third party to perform, the installation and removal. Should a defect occur, the Buyer shall give the Supplier the opportunity to remove and re-install the defective item, unless the Buyer receives a justified claim by way of supplier recourse (Section 445a BGB). Defect claims shall not arise in the case of defects caused after the risk transfer due to incorrect or negligent handling, overuse, unsuitable or insufficient processing or particular external effects that have not been stated in the Agreement. Should the Buyer or third party perform unprofessional maintenance work or modifications, no claims for defects shall arise thereof or from the consequences of such unprofessional work. 5. Claims for damages by the Buyer on the grounds of violations of duty or prohibited actions shall be excluded, unless they are based on actions of malicious intent or gross negligence, or violations of material contractual obligations by us or one of our vicarious agents or if we are liable for injury to life, limb and health. In the event of us being liable to pay damages, such liability shall always be limited to the damage foreseeable on the date of the conclusion of this Agreement. Claims on the grounds of a violation of duty arising from the debt relationship, except material contractual obligations, shall expire by limitation within the same period as the warranty rights. Claims on the grounds of the negligent failure to provide information on negative properties of our products shall be excluded, unless they cause physical defects and unless we have assumed additional and explicit consulting services for the Buyer. This shall not affect our liability in accordance with product liability law. 6. The Supplier may refuse to rectify defects if the Buyer fails to meets its obligations. This shall not affect the Buyer’s right to be reimbursed for a pro-rata share of the price. 7. Technical advice and recommendations issued by the Supplier are based on diligent checks and shall not relieve the Buyer from performing its own checks for their suitability for the intended methods and purposes.

Liability for defects. 1. In the event of the delivered goods showing defects that were already in existence at the time of risk transfer, the Supplier shall repair or deliver replacement goods as long as a complaint about the defect has been submitted on time. The Supplier shall be granted sufficient opportunity to repair the goods within a reasonable period or grace. Depending on the type of products, their weight, number of metres, number of units and dimensions may deviate by up to 10% upon delivery, both with regard to the final total and individual partial deliveries. The DIN tolerances shall apply to complaints regarding DIN standard goods. 2. In the event of a mutual trading transaction, the Buyer shall submit written complaints about any defects that are recognisable during an inspection during the proper course of business immediately, but no later than after five working days. Failure to do so shall result in the delivery being deemed to have been approved. In the event of a defect being detected at a later date, a complaint shall be submitted and any processing and/or finishing work discontinued immediately. Should the Buyer use the goods despite the defect or should the Buyer fail to submit a complaint immediately, the Supplier shall generally assume that the goods are suitable, which shall exclude a justified defect. The customer shall only be entitled to claims if § 377 HGB (German Commercial Code) was observed upon delivery of the goods. 3. The actual processing of a complaint about defects shall not justify non-compliance with the provisions in sections 1 to 2. 4. If the complaint proves to be justified, the Supplier shall subsequently fulfil the Agreement by rectifying the defect or delivering non-defective goods free of charge and free of shipping costs, as requested by the Buyer, and depending on the type of product, also according to weight (metre for metre, etc.). Sections 1 to 3 shall apply to the approval of the replacement goods. Expenses incurred If the delivered goods are defective, the Supplier shall be entitled to choose whether to provide subsequent fulfilment by remedying the defect (subsequent improvement) or by delivering a defect-free item (subsequent delivery). In the event that the type of subsequent fulfilment chosen by the Buyer for installation and removal of items within Supplier is refused by the scope of Purchaser in an individual case, the Supplier reserves the right to refuse subsequent fulfilment shall be limited to under the value of the goods if the Buyer performs, or engages a third party to perform, the installation and removal. statutory conditions. Should a defect occur, the Buyer shall give the Supplier the opportunity to remove and re-install the defective item, unless the Buyer receives a justified claim by way of supplier recourse (Section 445a BGB). Defect claims shall not arise in the case of defects caused after the risk transfer due to incorrect or negligent handling, overuse, unsuitable or insufficient processing or particular external effects that have not been stated in the Agreement. Should the Buyer or third party perform unprofessional maintenance work or modifications, no claims for defects shall arise thereof or from the consequences of such unprofessional work. Expenses which are necessary for inspection purposes and for subsequent performance (transport, labour and material costs as well as any dismantling and installation costs) shall be reimbursed by the Supplier in accordance with the statutory provisions and these General Terms and Conditions in the event that a defect is present. However, the Supplier may demand reimbursement from the Purchaser for costs incurred due to an unjustified defect rectification procedure if the Purchaser knew or could have recognised that there was no defect. 5. Claims for damages by the Buyer on the grounds of violations of duty or prohibited actions shall be excluded, unless they are based on actions of malicious intent or gross negligence, or violations of material contractual obligations by us or one of our vicarious agents or if we are liable for injury to life, limb and health. In the event of us being liable to pay damages, such liability shall always be limited to the damage foreseeable on the date of the conclusion of this Agreement. Claims on the grounds of a violation of duty arising from the debt relationship, except material contractual obligations, shall expire by limitation within the same period as the warranty rights. Claims on the grounds of the negligent failure to provide information on negative properties of our products shall be excluded, unless they cause physical defects and unless we have assumed additional and explicit consulting services for the Buyer. This shall not affect our liability in accordance with product liability law. 6. The Supplier may refuse to rectify defects if the Buyer fails to meets its obligations. This shall not affect the Buyer’s right to be reimbursed for a pro-rata share of the price. 7. Technical advice and recommendations issued by the Supplier are based on diligent checks and shall not relieve the Buyer from performing its own checks for their suitability for the intended methods and purposes.

Liability for defects. 1. In The Buyer is entitled to apply the event of the delivered goods showing defects that were already in existence at the time of risk transfer, the Supplier shall repair or deliver replacement goods as long as a complaint about right from the defect has been submitted on time. The Supplier shall be granted sufficient opportunity to repair that of the goods within twenty-four months of receipt. The costs arising from usual operational wear of the components of the goods shall be borne by the Buyer. Replacement of those parts that are subject to normal operational wear and tear resulting from the use of the goods are considered to be such costs. Prerequisite to Buyers claims arising from a reasonable period or grace. Depending on defective goods, shall be that the type Buyer has properly fulfilled the requirement to inspect and give notice of products, their weight, number of metres, number of units and dimensions may deviate by up to 10% upon delivery, both with regard defects to the final total and individual partial deliveriesSeller within the time period set in par. The DIN tolerances 1 of this article. If there shall apply to complaints regarding DIN standard be a defect of the goods. 2. In the event of a mutual trading transaction, the Buyer Seller shall submit written complaints about any defects that first try to solve the problem by means of remote communication. As far as the goods are recognisable during an inspection during defective, the proper course of business immediately, but no later than after five working days. Failure to do so Seller shall result provide remedy either in the delivery being deemed to have been approved. In the event form of a defect being detected at a later date, a complaint shall be submitted and any processing and/or finishing work discontinued immediately. Should the Buyer use the goods despite removal of the defect or should the Buyer fail to submit a complaint immediately, the Supplier shall generally assume that the goods are suitable, which shall exclude a justified defect. 3by way of delivery of new faultless goods. The actual processing In case of a complaint about defects shall not justify non-compliance with the provisions in sections 1 to 2. 4. If the complaint proves to be justified, the Supplier shall subsequently fulfil the Agreement by rectifying the notice of defect or delivering non-defective goods free of charge and free of shipping costs, as requested by the Buyer, and depending on the type of product, also according to weight (metre for metre, etc.). Sections 1 to 3 shall apply to the approval of the replacement goods. Expenses incurred by the Buyer for installation and removal of items within which proves legitimate, the scope of the subsequent fulfilment Seller shall be limited bound to bear all expenses incurred for the value purpose of removing the defect, particularly transport, travel, labor and material costs, in as far as these are not increased on account of the goods if having been transported to a location other than the place of designated use according to the contract. If subsequent performance of the contract should be unsuccessful, then the Buyer performs, is entitled to choose to demand either withdrawal from the Contract or engages a third party to perform, an appropriate reduction of the installation and removalPurchase Price. Should a defect occur, the Buyer shall give the Supplier the opportunity to remove and re-install the defective item, unless the Buyer receives a justified claim by way The period of supplier limitation for recourse (Section 445a BGB). Defect claims shall not arise in the case of defects caused delay in delivery according remains unaffected; it shall be five years from delivery of the defective goods. The Seller undertakes to provide the Buyer with service of the goods for at least five years after the risk transfer due to incorrect or negligent handling, overuse, unsuitable or insufficient processing or particular external effects that have not been stated expiry of the warranty period stipulated in the Agreementparagraph 1 of this Article. Should the Buyer or third party perform unprofessional maintenance work or modifications, no claims for defects shall arise thereof or from the consequences The price of such unprofessional work. 5. Claims for damages this service will be governed by the Buyer on terms and conditions and the grounds of violations of duty or prohibited actions shall be excluded, unless they are based on actions of malicious intent or gross negligence, or violations of material contractual obligations by us or one of our vicarious agents or if we are liable for injury to life, limb and health. In the event of us being liable to pay damages, such liability shall always be limited to the damage foreseeable on the date valid price list of the conclusion of this Agreement. Claims on the grounds of a violation of duty arising from the debt relationship, except material contractual obligations, shall expire by limitation within the same period as the warranty rights. Claims on the grounds of the negligent failure to provide information on negative properties of our products shall be excluded, unless they cause physical defects and unless we have assumed additional and explicit consulting services for the Buyer. This shall not affect our liability in accordance with product liability lawSeller. 6. The Supplier may refuse to rectify defects if the Buyer fails to meets its obligations. This shall not affect the Buyer’s right to be reimbursed for a pro-rata share of the price. 7. Technical advice and recommendations issued by the Supplier are based on diligent checks and shall not relieve the Buyer from performing its own checks for their suitability for the intended methods and purposes.

Liability for defects. (1. In the event of the delivered ) The supplied goods showing defects that were already in existence at the time of risk transfer, the Supplier shall repair or deliver replacement goods as long as a complaint about the defect has been submitted on time. The Supplier shall will be granted sufficient opportunity to repair the goods checked by us within a reasonable period or graceof time for deviations in quality and quantity. Depending on the type of productsFor quantities, their weightweights, number of metres, number of units size and dimensions may deviate by the values determined during the incoming goods inspection and or during checking of the goods delivered are decisive. Defects that are recognizable during a normal inspection can be reported up to 10% upon delivery10 calendar days from the receipt of the goods, both with regard hidden defects within 10 working days after detection. Payment shall not signify acknowledgement that the delivery or performance is as stipulated in the contract and free of defects. (2) The Supplier assumes full liability that the contractual performance is free of defects and corresponds to the final total latest technical knowledge, the contractually agreed properties, the legal regulations as well as safety, work and accident prevention regulations. If individual partial deliveriessamples of a consignment are faulty, we can reject the entire consignment. Delivered goods must conform to the drawings and correspond to our respective specifications as well as be packaged correctly and secured for transport. Any instructions regarding installation and maintenance as well as operating instructions must be included in the delivery. Concerning title defects, the Supplier is obliged to indemnify us from claims by any third party unless the claim is outside the supplier’s responsibility. (3) If defects are remedied by the Supplier, the warranty period is extended by the period from the complaint to the acceptance or repair. For corrective measures or replacement parts the respective warranty period commences anew. (4) If the services provided are defective, we are entitled according to legal regulations to demand supplementary performance through repair or replacement at our option at the supplier’s expense. All return shipments shall be made at the expense and risk of the Supplier. If we incur costs (e.g. labor or material costs) as a result of defective performance, these will also be borne by the Supplier. If the Supplier cannot fulfill the supplementary performance or fails to do so within a reasonable period to be set by us, or if he unjustly refuses this, then we can reduce the price, withdraw from the contract and/or demand compensation instead of the performance. The DIN tolerances shall latter does not apply to complaints regarding DIN standard if the Supplier proves that he is not responsible for the defectiveness of the goods. 2. In the event (5) Moreover we are entitled after expiry of a mutual trading transaction, reasonable period of time to remedy the Buyer shall submit written complaints about any defects that are recognisable during an inspection during defect at the proper course of business immediately, but no later than after five working days. Failure Supplier’s expense or to do so shall result have this remedied by a third party or to make covering purchases. (6) If we withdraw from the contract due to a defect in the delivery being deemed to have been approved. In the event of a defect being detected at a later dategoods, a complaint shall be submitted and any processing and/or finishing work discontinued immediately. Should the Buyer use the goods despite the defect or should the Buyer fail to submit a complaint immediately, then the Supplier shall generally assume that is also obliged to pay the goods are suitable, which shall exclude a justified contract costs even if he is not responsible for the defect. 3(7) The statutes of limitation shall apply. The actual processing of a complaint about defects shall not justify non-compliance These commence with the provisions in sections 1 to 2. 4. If the complaint proves to be justified, the Supplier shall subsequently fulfil the Agreement by rectifying the defect or delivering non-defective goods free of charge and free of shipping costs, as requested by the Buyer, and depending on the type of product, also according to weight (metre for metre, etc.). Sections 1 to 3 shall apply to the approval of the replacement goods. Expenses incurred by the Buyer for installation and removal of items within the scope of the subsequent fulfilment shall be limited to the value delivery of the goods if at the Buyer performs, location defined or engages a third party to perform, with the installation and removal. Should a defect occur, the Buyer shall give the Supplier the opportunity to remove and re-install the defective item, unless the Buyer receives a justified claim by way of supplier recourse (Section 445a BGB). Defect claims shall not arise in the case of defects caused after the risk transfer due to incorrect or negligent handling, overuse, unsuitable or insufficient processing or particular external effects that have not been stated in the Agreement. Should the Buyer or third party perform unprofessional maintenance work or modifications, no claims for defects shall arise thereof or from the consequences of such unprofessional work. 5. Claims for damages by the Buyer on the grounds of violations of duty or prohibited actions shall be excluded, unless they are based on actions of malicious intent or gross negligence, or violations of material contractual obligations by us or one of our vicarious agents or if we are liable for injury to life, limb and health. In the event of us being liable to pay damages, such liability shall always be limited to the damage foreseeable on the date acceptance of the conclusion of this Agreement. Claims on the grounds of a violation of duty arising from the debt relationship, except material contractual obligations, shall expire by limitation within the same period as the warranty rights. Claims on the grounds of the negligent failure to provide information on negative properties of our products shall be excluded, unless they cause physical defects and unless we have assumed additional and explicit consulting services for the Buyer. This shall not affect our liability in accordance with product liability lawperformance. 6. The Supplier may refuse to rectify defects if the Buyer fails to meets its obligations. This shall not affect the Buyer’s right to be reimbursed for a pro-rata share of the price. 7. Technical advice and recommendations issued by the Supplier are based on diligent checks and shall not relieve the Buyer from performing its own checks for their suitability for the intended methods and purposes.

Liability for defects. 1. In The Purchaser's claims for material defects only exist if the event goods or services provided by the Supplier deviate from the quality agreed in a written specification upon transfer of risk and cannot, therefore, be used for the delivered agreed purpose and the Supplier is responsible therefor. The Purchaser is solely responsible for the correctness and completeness of all order information, the specification for the intended use and the decision to use the goods showing defects that were already and services ordered. Unless expressly stipulated in existence writing in the specification, the Supplier does not assume any quality or durability guarantee. This shall also apply if the DIN/ISO/EN standards valid at the time of risk transferthe order are also used to fill in loopholes in the specification. 2. The Purchaser must immediately inform the Supplier in writing of any defects and provide the Supplier with all information it deems necessary, in particular regarding storage, use and compliance with agreed or customary operating and maintenance conditions. Goods that are an object of claim shall be given or made accessible to the Supplier to check and determine the cause of the error. If the Purchaser does not comply with the obligation to notify and offer proof, any claims for material defects shall be excluded. If defects for which the Supplier is responsible are found, the Supplier shall bear the costs of determining the defects. If defects are not found, the costs of the examinations shall be borne by the Purchaser. 3. In the case of defects identified in accordance with Paragraph 1, the Supplier fulfils its obligation to provide supplementary performance when, at its discretion, it either repairs the goods or delivers goods free of defects. To conduct supplementary performance, the Purchaser must give the Supplier the opportunity to sort out and to repair or deliver replacement to make a subsequent (replacement) delivery. If this type of supplementary performance is unreasonable for the Purchaser or if the Supplier does not comply therewith within a reasonable time, the Purchaser may withdraw from the contract and send the goods as long as back in their original packaging at the risk of the Supplier. In urgent cases, it may, after consultation with the Supplier, carry out the repair work itself or have it carried out by a complaint about the defect has been submitted on timethird party. The Supplier bears costs arising hereby. 4. If the same goods are again delivered with defects, the Purchaser is entitled, after a written warning, even for the unfulfilled scope of delivery. 5. If the defect is only discovered after the start of production despite compliance with the obligation in accordance with Section X (notification of defects), the Supplier shall be granted sufficient opportunity to repair bear the goods within a reasonable period or gracenecessary expenses in accordance with Section 439 para. Depending on 2 BGB if the type of products, their weight, number of metres, number of units and dimensions may deviate by up to 10% upon delivery, both with regard to Purchaser does not reduce the final total and individual partial deliveriespurchase price. The DIN tolerances shall apply Purchaser is obligated to complaints regarding DIN standard goodstake all measures to minimize damage. 26. In the event of a mutual trading transactionculpable breach of duties exceeding the supply of defective goods (e.g. in the event of an obligation of information, consultancy or examination), the Buyer Purchaser may demand indemnification for the subsequent damage resulting from the defect as well as the subsequent damage resulting from the defect reimbursed by the Purchaser to its Purchaser pursuant to the provisions of Section XII. Subsequent damage resulting from the defect shall submit written complaints about any defects that are recognisable during an inspection during be deemed the proper course of business immediately, but no later damage which the Purchaser has suffered arising from damage to objects other than after five working days. Failure the goods themselves due to do so shall result in the delivery being deemed of defective goods. The Purchaser shall only have further- reaching claims for expenses and damages due to have the delivery of defective goods if this has been approvedcontractually agreed. Section XVI no. 1 applies accordingly. 7. At Supplier's request and expense, the parts to be replaced by it shall be made available to it by the Purchaser without delay in a manner to be agreed. 8. Claims for defects become statute-barred 24 months after delivery unless otherwise agreed and the normal useful service life of the delivered goods is not shorter. Recourse claims according to Section 478 BGB shall be settled at the Supplier's discretion in particular through deliveries, discounts or credit notes. 9. Claims for defects shall not exist if the defect is attributed to a breach of the operating, maintenance or installation instructions; unsuitable or improper use; defective or negligent treatment or wear and tear, or to third-party intervention on the delivered items. 10. In the event of a defect being detected defective deliveries, the Purchaser's claims from the Product Liability Act, tort and management without commission shall remain unaffected by the present Section XI. 11. If the Supplier has rejected in writing claims for defects that were asserted within the period in accordance with no. 9, their assertion is excluded six months after receipt of the rejection, at a later date, a complaint shall be submitted and any processing and/or finishing work discontinued immediatelythe latest one year after their assertion (Section 309 Section 8 lit. Should b et seq. BGB). By negotiating the Buyer use the goods despite the defect or should the Buyer fail to submit a complaint immediatelycomplaint, the Supplier shall generally assume does not waive the objection that the goods are suitablecomplaint was submitted late, which shall exclude a justified defectinadequately or in the correct form. 312. The actual processing of a complaint about defects shall not justify non-compliance with the provisions in sections 1 to 2. 4. If the complaint proves to be justified, above conditions also apply accordingly if the Supplier shall subsequently fulfil the Agreement by rectifying the defect or delivering non-defective processes goods free of charge and free of shipping costs, as requested by the Buyer, and depending on the type of product, also according to weight (metre for metre, etc.). Sections 1 to 3 shall apply to the approval behalf of the replacement goodsPurchaser – regardless of whether these were provided. Expenses incurred In this case, a new delivery will be replaced by reworking. However, all payment claims against the Buyer Supplier, regardless of what type and for installation and removal of items within the scope of the subsequent fulfilment shall be whatever legal reason, are limited to the value amount of the goods if the Buyer performs, or engages a third party to perform, the installation and removal. Should a defect occur, the Buyer shall give the Supplier the opportunity to remove and re-install the defective item, unless the Buyer receives a justified claim by way of supplier recourse (Section 445a BGB). Defect claims shall not arise in the case of defects caused after the risk transfer due to incorrect or negligent handling, overuse, unsuitable or insufficient agreed processing or particular external effects that have not been stated in the Agreement. Should the Buyer or third party perform unprofessional maintenance work or modifications, no claims for defects shall arise thereof or from the consequences of such unprofessional workcosts. 513. Claims for damages by the Buyer on the grounds of violations of duty or prohibited actions shall be excluded, unless they are based on actions of malicious intent or gross negligence, or violations of material contractual obligations by us or one of our vicarious agents or if we are liable for injury to life, limb and health. In the event of us being It is only liable to pay damages, such liability shall always be limited to the damage foreseeable on the date of the conclusion of this Agreement. Claims on the grounds of a violation of duty arising from the debt relationship, except material contractual obligations, shall expire by limitation within the same period as the warranty rights. Claims on the grounds of the negligent failure to provide information on negative properties of our products shall be excluded, unless they cause physical defects and unless we have assumed additional and explicit consulting services Purchaser for the Buyer. This shall not affect our liability in accordance with product liability law. 6. The Supplier may refuse to rectify defects if the Buyer fails to meets its obligations. This shall not affect the Buyer’s right to be reimbursed for a pro-rata share of the price. 7. Technical advice and recommendations issued sub- supplied goods used by the Supplier are based on diligent checks and shall not relieve the Buyer from performing its own checks if it is responsible for their suitability for the intended methods and purposesa selection error or other essential inspection obligation.

Liability for defects. 1. The supplier shall ensure that the goods comply with our specifications, including their package design and labeling. Our order or our commission shall be executed in a professional and proper manner and in accordance with the state of the art. 2. The statutory provisions relating to material defects and defects in title shall apply, to the extent that nothing is agreed to the contrary hereinafter. 3. We shall be required to inform the supplier immediately of any defects in or the defective execution of a delivery, as soon as they are identified in the context of a standard commercial procedure. In the event of the delivered delivery of defective goods showing the supplier shall be given the opportunity to rectify the defects that were already in existence (by reworking/redelivery). We shall be entitled to select one of these options at our discretion. Subject to the time conditions of risk transferSection 439(2) of the German Civil Code (Bürgerliches Gesetzbuch), the Supplier supplier shall repair be entitled to reject the mode of rectification selected by us. In urgent cases we shall be entitled to rectify any defect ourselves, or deliver replacement goods as long as to have such defect rectified by a complaint about third party. In particular, an urgent case shall arise where to avoid severe risk or significant damage it becomes impossible or unreasonable to inform the defect has been submitted on timesupplier of the damage and to set the supplier a deadline, albeit a short one, to take remedial action. The Supplier shall supplier must be granted sufficient opportunity to repair the goods within informed immediately of such a reasonable period or grace. Depending on the type of products, their weight, number of metres, number of units and dimensions may deviate by up to 10% upon delivery, both with regard to the final total and individual partial deliveriesprocedure. The DIN tolerances supplier shall apply reimburse to complaints regarding DIN standard goodsus any costs incurred in connection therewith. 24. In the event that compensation is paid in respect of damage suffered, the supplier shall be obliged to compensate us for any damage which we suffer directly and/or indirectly as the result of a mutual trading transaction, the Buyer defect. This shall submit written complaints about any defects that are recognisable during an inspection during the proper course also include compensation in respect of business immediately, but no later than after five working days. Failure to do so shall result in the delivery being deemed to have been approved. In the event of a defect being detected at a later date, a complaint shall be submitted and any processing and/or finishing work discontinued immediately. Should the Buyer use the goods despite the defect or should the Buyer fail to submit a complaint immediately, the Supplier shall generally assume that the goods are suitable, which shall exclude a justified defect. 3. The actual processing of a complaint about defects shall not justify non-compliance with the provisions in sections 1 to 2. 4. If the complaint proves to be justified, the Supplier shall subsequently fulfil the Agreement by rectifying the defect or delivering non-defective goods free of charge and free of shipping costs, as requested by the Buyer, and depending on the type of product, also according to weight (metre for metre, etc.). Sections 1 to 3 shall apply to the approval of the replacement goods. Expenses incurred by the Buyer for installation and removal of items within the scope of the subsequent fulfilment shall be limited to the value of the goods if the Buyer performs, or engages a third party to perform, the installation and removal. Should a defect occur, the Buyer shall give the Supplier the opportunity to remove and re-install the defective item, unless the Buyer receives a justified claim by way of supplier recourse (Section 445a BGB). Defect claims shall not arise in the case of defects caused after the risk transfer due to incorrect or negligent handling, overuse, unsuitable or insufficient processing or particular external effects that have not been stated in the Agreement. Should the Buyer or third party perform unprofessional maintenance work or modifications, no claims for defects shall arise thereof or from the consequences of such unprofessional workconsequential damage. 5. Claims for damages by Should any procurement risk be assumed and/or a guarantee given, the Buyer on the grounds of violations of duty or prohibited actions supplier shall be excluded, unless they are based on actions liable regardless of malicious intent or gross negligence, or violations of material contractual obligations by us or one of our vicarious agents or if we are liable for injury to life, limb and health. In the event of us being liable to pay damages, such liability shall always be limited to the damage foreseeable on the date of the conclusion of this Agreement. Claims on the grounds of a violation of duty arising from the debt relationship, except material contractual obligations, shall expire by limitation within the same period as the warranty rights. Claims on the grounds of the negligent failure to provide information on negative properties of our products shall be excluded, unless they cause physical defects and unless we have assumed additional and explicit consulting services for the Buyer. This shall not affect our liability in accordance with product liability lawculpability. 6. The Supplier may refuse to rectify defects if warranty period shall as a rule be three years from the Buyer fails to meets its obligations. This shall not affect the Buyer’s right to be reimbursed for a pro-rata share date of the pricedelivery of the goods (transfer of risk). Such warranty period shall be extended correspondingly whenever we are obliged to grant our customers longer warranty periods. Should any claim be brought against us on the basis of any right of recourse within the meaning of Section 478 BGB, the periods stipulated in that section shall apply. 7. Technical advice In the case of any defects of title for which he is responsible, the supplier shall indemnify us in respect of any third-party claims. 8. As regards parts delivered as replacements during the warranty period, the statute of limitations shall regularly begin to run again from the date of such a substitute delivery. For parts repaired within the warranty period, the restart of the statute of limitations shall only apply to the original defect and recommendations issued by the Supplier are based on diligent checks and consequences of the reworking. It shall not relieve apply where the Buyer from performing its own checks for their suitability for supplier expressly and rightfully reserves the intended methods right to perform the repair solely out of goodwill, to avoid disputes or with a view to upholding the supply relationship. 9. Should we incur costs as the result of any defective delivery or other defective performance, and purposesin particular transport costs, material costs, labor costs, replacement costs or the cost of an incoming inspection exceeding the ordinary scope, the supplier shall be obliged to reimburse such costs to us.

Liability for defects. Complaints (making a claim from defects of the Goods or from quality guarantee), Withdrawal from the Agreement. 1. In The Seller is obliged to deliver the event of Goods in the delivered goods showing defects that were already in existence at quantity, quality and version determined by these GBTC (Purchasing) and the time of risk transfer, the Supplier shall repair or deliver replacement goods as long as a complaint about the defect has been submitted on time. The Supplier shall be granted sufficient opportunity to repair the goods within a reasonable period or grace. Depending on the type of products, their weight, number of metres, number of units and dimensions may deviate by up to 10% upon delivery, both with regard to the final total and individual partial deliveries. The DIN tolerances shall apply to complaints regarding DIN standard goodsPurchase Agreement. 2. In The Seller is obliged to pack and secure the event of a mutual trading transaction, the Buyer shall submit written complaints about any defects that are recognisable during an inspection during the proper course of business immediately, but no later than after five working days. Failure to do so shall result Goods for transport in the delivery being deemed to have been approved. In manner specified by these GBTC (Purchasing) and the event of a defect being detected at a later date, a complaint shall be submitted and any processing and/or finishing work discontinued immediately. Should the Buyer use the goods despite the defect or should the Buyer fail to submit a complaint immediately, the Supplier shall generally assume that the goods are suitable, which shall exclude a justified defectPurchase Agreement. 3. The actual processing If the Seller breaches obligations laid down in Article XI Paragraphs 1 and 2 of a complaint about defects shall not justify non-compliance with these General Business Terms and Conditions (Purchasing), the provisions in sections 1 to 2Goods suffer of defects. 4. If Defects of the Goods shall also include delivery of Goods other than determined by the Purchase Agreement and defects of documents as specified by law, these GBTC (Purchasing) and the Purchase Agreement. 5. The Goods suffer of legal defects if the sold Goods are burdened with a right of a third party. 6. Claims from the defects as well as from the quality guarantee shall be governed by provisions of the Civil Code. 7. A complaint proves regarding the supplied quantity may be filed within 1 month as of the Goods acceptance by the Buyer. 8. The Buyer has to make claims from rights of defective performance as well as from the quality guarantee with the Seller in writing without undue delay after their detection. The written form of making a claim shall be justifiedconsidered observed by the parties in case of a notice served in writing by fax or e-mail. The Seller is obliged, at his own expense and without undue delay, to deliver perfect or missing Goods, to repair the Supplier Goods or to take measures so that continuity of the Buyer’s production is not endangered. The Buyer is entitled to choose the remedy from those specified in the foregoing sentence. The action must be taken immediately after receiving the Buyer’s complaint regarding a defect. The Seller shall subsequently fulfil be responsible to the Agreement Buyer for damage occurred as a result of any breach of this obligation. The deadline by rectifying which the defect or delivering non-defective goods Goods under complaint should be evaluated by the Seller may not exceed 3 (three) business days from the date of notifying the Seller of the complaint. Once the deadline expires the Buyer has the right to send the Goods to the Seller at the Seller’s expense, including the costs of their storage. 9. Complaints regarding hidden defects of the Goods (products), i.e. defects detected during the guarantee period, shall be sent to the Seller in writing and without undue delay after their detecting. The Seller is obliged to remove those defects free of charge or to provide perfect Goods not later than within 5 (five) business days after being notified thereof by the Buyer and free he shall do so at his own expense. In the same time the Seller is obliged to reimburse the Buyer for the incurred costs connected with installation and dismounting of shipping costsdefective products and costs connected with processes necessary to detect defects of the Goods (measuring, as analyses or other tests). Costs of installation and dismounting of defective Goods shall be charged separately by the Buyer and the Seller shall reimburse such costs on the basis of an invoice due in 30 (thirty) days from the date of sending. 10. In case the Seller receives a notice of defects (except for a quantity-related defect), if requested by the Buyer, the Seller is obliged - to analyse the cause of the defect and depending on to inform the type ▇▇▇▇▇ of productadopted immediate remedies within 5 (five) business days; - to carefully check the delivery of perfect Goods and to mark it in the manner agreed with the Buyer. 11. The Buyer is entitled to withdraw from the Agreement if the Seller is in delay in delivery of the Goods for more than 10 days, also according to weight (metre if the Seller is in delay in removal of defects for metremore than 5 days or if insolvency proceedings have been initiated against the Seller. The notice of withdrawal must be executed in writing and sent by fax, etc.). Sections 1 to 3 shall apply e-mail or recorded delivery letter to the approval of Seller’s known addresses. Withdrawal from the replacement goods. Expenses incurred by the Buyer for installation and removal of items within the scope of the subsequent fulfilment shall be limited to the value of the goods if the Buyer performs, or engages a third party to perform, the installation and removal. Should a defect occur, the Buyer shall give the Supplier the opportunity to remove and re-install the defective item, unless the Buyer receives a justified claim by way of supplier recourse (Section 445a BGB). Defect claims Agreement shall not arise in the case affect claims following from any breach of defects caused after the risk transfer due to incorrect or negligent handling, overuse, unsuitable or insufficient processing or particular external effects that have not been stated in the Agreement. Should the Buyer or third party perform unprofessional maintenance work or modifications, no claims for defects shall arise thereof or from the consequences of such unprofessional work. 5. Claims for damages by the Buyer on the grounds of violations of duty or prohibited actions shall be excluded, unless they are based on actions of malicious intent or gross negligence, or violations of material contractual obligations by us or one of our vicarious agents or if we are liable for injury to life, limb and health. In the event of us being liable to pay damages, such liability shall always be limited to the damage foreseeable on Seller until the date of the conclusion of this Agreement. Claims on the grounds of a violation of duty arising withdrawing from the debt relationship, except material contractual obligations, shall expire by limitation within the same period as the warranty rights. Claims on the grounds of the negligent failure to provide information on negative properties of our products shall be excluded, unless they cause physical defects and unless we have assumed additional and explicit consulting services for the Buyer. This shall not affect our liability in accordance with product liability lawAgreement. 6. The Supplier may refuse to rectify defects if the Buyer fails to meets its obligations. This shall not affect the Buyer’s right to be reimbursed for a pro-rata share of the price. 7. Technical advice and recommendations issued by the Supplier are based on diligent checks and shall not relieve the Buyer from performing its own checks for their suitability for the intended methods and purposes.