Common use of Warranty and Liability Clause in Contracts

Warranty and Liability. (a) The Company warrants that on delivery, and for a period of 2 years from the date of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaser without the Company’s approval; (ii) That the Purchaser shall have followed all instructions issued by the Company in relation to the goods; (iii) That in the case of defects which would have been reasonably apparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchaser shall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That where in discharge of its obligations under the warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaser and the Company before the commencement of any such repair or remedial work. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. (a) The Company warrants that on delivery, and for a specified period of 2 years from the date of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).. The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 years (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaser without Purchaserwithout the Company’s approvalCompany’sapproval; (ii) That the Purchaser shall have followed all instructions issued by the Company in relation to the goodsthePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto thegoods; (iii) That in the case thecase of defects which would have been reasonably apparent reasonablyapparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchaser shall Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That where wherein dischargeofitsobligations underthewarrantygiven in discharge of its obligations under the warranty given in this Clause thisClause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaser and Purchaserand the Company before the commencement of commencementof any such repair or remedial workrepairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. (a) The Company warrants that on delivery, and for a period of 2 years from the date of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaser without Purchaserwithout the Company’s approvalCompany’sapproval; (ii) That the Purchaser shall Purchasershall have followed all followedall instructions issued by the Company in relation to the goodsthegoods; (iii) That in the case thecase of defects which would have been reasonably apparent reasonablyapparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchaser shall Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That where in discharge of its obligations under the warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaser and the Company before the Companybeforethe commencement of any such repair or remedial workrepairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 ▇▇▇ ▇▇▇▇ are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. (a) The Company hereby warrants that on the Goods have been produced from sound materials and are, at the date of delivery, free from any material defect in workmanship, and will remain free from any material defect in workmanship, for a period of 2 years 12 calendar months from the date of delivery (“warranty period”), to the goods shall: (i) conform in all material respects Customer and correspond with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in designwritten specification, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to but the Company's place liabilities under this warranty shall be limited to making available free of business charge the labour and materials required to make good any such defects or any failure to perform the Services with reasonable skill and care, or (at the Purchaser’s cost, the Company's option) replacing any defective Goods. The Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) further warrants that any Services shall be provided with reasonable skill and care. The warranty given in Clause 18(a) Company's liability under these Warranties is also subject to the following provisos, namelyconditions and limitations: (i) That the Company will not accept any liability for any defective or faulty Goods supplied, unless the Customer gives the Company written notice of the defect or defects shall in question within 7 days of delivery (save where the defect or defects are of a nature which would not have arisen through fair wear normally be apparent upon a reasonable inspection, in which case the notice of defect or defects must be given within 7 days of discovering the same); ii) the Goods having been properly stored, used and tearcared for by the Customer prior to the defect occurring; iii) if the Goods are left on site while other preparatory work is completed, willful damagesuch storage being secure, negligencedry and frost- free and the risk of damage or loss to the Goods will belong to the Customer; iv) the Goods not having been subjected to any incorrect, abnormal working conditionsor improper load use accident or unauthorised modification repair or application, misuse, alteration or repair of goods whether by the Purchaser without Customer or any third party; v) the Goods having been used in accordance with the Company’s approval's instructions whether written or oral; (iivi) That the Purchaser shall have followed all instructions issued Company having received the total price for the Goods or Services by the due date for payment; and vii) the Company or manufacturer’s trade mark or serial number not having been removed, defaced or altered. The warranty contained in relation this clause 10a) does not extend to cosmetic defects occurring after supply of the Goods or conclusion of the Contract for Services. Without prejudice to the goods; (iiiprovisions of clause 10a) That in above, all Goods that are returned to or replaced by the case Company, shall become the property of defects which would have been reasonably apparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchaser shall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That where in discharge of its obligations under the warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaser and the Company before the commencement of any such repair or remedial work. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (fb) Nothing in these General Conditions conditions excludes or limits the liability of Sale shall limit or exclude the Company’s liability Company for (i) death or personal injury caused by its the Company's negligence. c) Subject to clauses 10a) and 10b): i) the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any agreement, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatever (whether caused by the Company’s negligence or that of its employees, agents or subcontractors or otherwise) which arise out of or in connection with the supply of the Goods or Services (including any delay in supplying or any failure to supply the Goods or Services in accordance with any agreement or at all) or the use of the Goods by the Customer; ii) the entire liability of the Company in contract, tort (including negligence or breach of statutory duty), misrepresentation (unless fraudulent) or otherwise arising in connection with the supply of the Goods or resulting from their use or the performance or contemplated performance of the Services shall not exceed the £2,000,000 per claim, or series of claims arising from one occurrence, where the Supplier's liability for the loss or damage is covered by the Supplier's insurance cover. If for any reason the loss or damage is not covered by the Supplier's insurance cover then the entire liability of the Supplier in accordance with this sub-clause shall not exceed the Contract price and where there is a long-term contract in place for the provision of ongoing Goods or Services, the Contract price shall be the price for each individual Contract within the main Contract or, where the Contract is for Services only, the Contract price shall be equal to the Contract price divided by the number of years and part years of the duration of the Contract; and iii) The Customer is encouraged to take out insurance to cover itself against losses greater than the limits set out in these Conditions and for risks where the Customer has no rights of recourse against the Company. d) The Company will at the request and expense of the Customer use its reasonable endeavours to transfer to the Customer the benefit of any warranty, guarantee or undertaking given to the Company by the manufacturer, producer or processor of the Goods, in relation to any Goods or parts or materials. e) The Customer agrees to indemnify the Company against all claims relating to Goods sold to the Customer in respect of any loss damage or expense, whether direct or consequential, sustained by any third party save only in respect of death or personal injury caused by the negligence of the Company or any of its employees employees, agents or subcontractors; (iisub- contractors. f) fraud or fraudulent misrepresentation; or (iii) any other matter in In respect of which it would international supply contracts (as defined by Section 26 of the Unfair Contract Terms Act 1977 only) the Seller shall have no liability to the Customer in the event of Goods infringing or being alleged to infringe the rights of any third party. g) The Company shall be unlawful at liberty without prior authority to entrust to other companies, firms or individuals (“Sub- contractors”) the performance or part performance of any contract for the Company to exclude supply of Goods or restrict liabilityany installation repairs or adaptations the subject of any contract.

Warranty and Liability. (a) 4.1. The Company warrants that on deliverywarranty period shall be a minimum of 12 months calculated from date of acceptance as provided for in paragraph three herein above, and for a period of 2 years or 18 months from the date of the bill of consignment, whichever shall be the longer. The warranty period in respect of latent defects shall be the longer. The warranty period in respect of latent defects shall be 5 years calculated from the date of acceptance. All warranty periods are extended for the duration of any downtime resulting from necessary repair work or the delivery (“warranty period”), of spare parts for the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties question. Such repair work and spare parts shall in writing in advance; (ii) turn be free subject to the full warranty period referred to above. The supplier warrants that spare parts shall be available for delivery for a minimum period of Ten years calculated from material defects in design, material and workmanship; and (iii) be date of satisfactory quality (within the meaning of the Sale of Goods Act 1979)acceptance. (b) Subject to clause 18(c), if: (i) 4.2. The supplier expressly warrants the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all characteristics and performance of the goods do not comply with the warranty in question as set out in clause 18(a);the order. The goods shall also fully comply with all recognized and applicable technical standards. The supplier shall be liable jointly and severally to REHAU for the performance of any sub-supplier or sub-contractor which the supplier may have appointed. (ii) 4.3. In the Company is given event of the delivery of the goods or the goods being defective in any way, REHAU shall be entitled, and in its sole discretion, to elect to demand proper delivery or repair work to be effected or a reasonable opportunity of examining such goods; and (iii) reduction in the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the purchase price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject goods, alternatively REHAU shall be entitled to claim cancellation of the following provisos, namely: (i) That agreement together with a claim for restitution and damages arising out of the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods breach by the Purchaser without supplier, provided that in every event REHAU shall be entitled also to recover from the Company’s approval; (ii) That supplier all consequential damages arising therefrom. In the Purchaser shall have followed all instructions issued by event of the Company in relation to existence of a contract for the goods; (iii) That erection of a plant and in the case event of it further becoming apparent prior to completion thereof that performance will be defective or that completion will be delayed, REHAU shall be entitled without prejudice to its rights to grant the supplier a reasonable period within which to rectify any such defects which would have been reasonably apparent to and, in the Purchaser on reasonable examination event of the goods on deliverysupplier’s failure to do so, REHAU shall be entitled , in its sole discretion, to terminate the Purchaser shall notify the Company agreement, claim a reduction of the defects in writing within 14 working days of delivery; (iv) That in purchase price, or to instruct a third party to complete the case of any other defects, the Purchaser shall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That where in discharge of its obligations under the warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, order at the cost of such work the supplier. In addition thereto REHAU shall be agreed in writing between entitled to claim from the Purchaser and supplier all damages including consequential damages arising from the Company before the commencement of any such repair or remedial worksupplier’s default. (d) 4.4. The terms implied by sections 13 to 15 supplier indemnifies REHAU and holds REHAU harmless against any damages claims arising against REHAU as a consequence of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied defective delivery by the Company. (f) Nothing in these General Conditions of Sale supplier. REHAU shall limit be entitled to set off or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter to withhold payment in respect of all damages claims brought against REHAU, regardless of whether such claims are liquidated or not, and regardless of whether such claims are due and payable or not. 4.5. The supplier indemnifies REHAU and holds REHAU harmless against any damage claims arising out of any law or obligation governing product liability or related claims not arising in contract. This order has been placed on the basis and assumption that the supplier is comprehensively insured against all product liability claims which it would be unlawful for the Company may arise. The supplier shall provide proof of such insurance cover upon demand by REHAU. 4.6. The supplier warrants that all goods supplied in accordance with this agreement, and in so far as these have not been produced in accordance with REHAU drawings, do not infringe any domestic or foreign intellectual property rights including, but not being limited to exclude patents, copyrights, trademarks or restrict liabilityregistered designs.

Warranty and Liability. (a) The Company warrants that on delivery, and for a period of 2 years from the date of delivery delivery, or in the case of Lighting Controls systems 2 years from the date of final commissioning sign off (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaser without the Company’s approvalCompany’sapproval; (ii) That the Purchaser shall have followed all instructions issued by the Company in thePurchasershallhavefollowedallinstructionsissuedbythe Companyin relation to the goodsthegoods; (iii) That in Thatin the case of defects which would have been reasonably apparent to caseofdefectswhichwouldhavebeenreasonablyapparentto the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 2 working days of delivery; (iv) That in the case of any other defects, the Purchaser shall Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That where in discharge of its obligations under the warranty given in this Clause the whereindischargeofitsobligationsunder thewarrantygiveninthis Clausethe Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between ofsuchworkshall beagreedinwritingbetween the Purchaser and the Purchaserandthe Company before the beforethe commencement of any such repair or remedial workrepairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 ▇▇▇ ▇▇▇▇ are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. 1.1. The seller provides to the buyer a warranty on delivered goods for the period of 24 months from the day of its delivery to the buyer. 1.2. The seller shall provide a warranty that the goods are delivered duly, on time and completely and that the goods shall retain the properties agreed in the contract, specifications (aAnnexes nos. 1 and 2 hereto) and in respective applicable legal regulations and standards and that the goods shall not show any defects throughout the warranty period. 1.3. The Company warrants seller is also responsible for the fact that the delivered goods do not show any legal defects and that on delivery, and for a period the side of 2 years third parties there shall not be applied any claims from the date title of delivery (“warranty period”)violation of copyrights, industrial rights or other similar rights. 1.4. In case that the goods exhibits any defects, the goods shallbuyer has the right to claim against the seller the following claims from defects: (i) conform in all material respects with any applicable specification removal of defect by repairing the goods by the seller,; the defect can be also removed by repairing the goods by the buyer at the costs of the seller or have the right to removed it by a third party at the costs of the seller, and this after agreement between the contracting parties, or if the seller did not remove the defect within the reasonable period agreed by both parties in writing in advancethe seller and buyer for defect removal; (ii) be free from material elimination of defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the by delivering substitute goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace for the defective goods, or refund if the price removal of defect by repairing the defective goods in full. (c) The warranty given in Clause 18(a) is subject by the seller according to the following provisos, namely: sub-paragraph (i) That of this paragraph is not possible, or if the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair contracting parties agree on this way of goods by the Purchaser without the Company’s approval; (ii) That the Purchaser shall have followed all instructions issued by the Company in relation to the goodsdefect elimination; (iii) That in granting an adequate discount by the case seller from the contractual price for the goods, if neither remedy according to sub-paragraph (i) nor sub- paragraph (ii) of defects which would have been reasonably apparent to the Purchaser this paragraph is possible, or if contracting parties agree on reasonable examination this way of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of deliverydefect elimination; (iv) That withdrawal from the contract in consequence of a defect on the case of any other defectsgoods, the Purchaser shall notify the Company if none of the claims from defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That where in discharge of its obligations under the warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaser and the Company before the commencement of any such repair or remedial work. (d) The terms implied by sections 13 according to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for sub-paragraphs (i) death or personal injury caused by its negligence), or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it this paragraph does not lead or would not lead to effective remedy within a reasonable time. 1.5. The case when the same defect on the goods occurs repeatedly despite its removal by claiming for some of the claims according to sub-paragraphs (i), (ii) of the paragraph 1.4 of this Article shall be unlawful deemed the material breach of this contract by the seller. 1.6. Claims from defects on goods do not affect claims of the buyer for compensation for damage according to the Company contract or claims on contractual penalties according to exclude or restrict liabilitythe contract. It is the buyers right to choose between the claims from defects.

Warranty and Liability. The Purchaser shall notify the Vendor promptly in writing of any defects in the goods supplied or services performed by the Vendor. The Purchaser shall grant the Vendor sufficient opportunity and time to identify the causes of defects of which the Purchaser has complained and to prepare for and take the appropriate subsequent performance measures (a) The Company warrants that on delivery, and for a period repair of 2 years defect or production or delivery of goods free from defects). In the date case of delivery (“warranty period”)complaints, the Vendor shall be entitled to take samples on the Purchaser's premises and/or to inspect the shift logs of the Purchaser. In the event that the Vendor is subject to warranty obligations in respect of defects in goods shall: (i) conform in all material respects with any applicable specification agreed supplied or services performed by both parties in writing in advance; (ii) the Vendor, the Vendor shall be entitled, at its own option, either to repair the defects concerned or to supply new goods or services which are free from material defects defects. Any parts replaced in design, material and workmanship; and (iii) be the course of satisfactory quality (within such subsequent performance shall become or remain the meaning property of the Sale of Goods Act 1979). (b) Subject to clause 18(c), if: (i) Vendor. In the Purchaser gives notice in writing to event that the Company during the warranty period Vendor does not complete subsequent performance within a reasonable period of time of discovery that some granted by the Purchaser, or all of the goods do not comply with the warranty set out should subsequent performance fail in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) any other way, the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its own option, repair or replace be entitled to reduce the purchase price agreed for the defective part of the goods or services concerned or, always provided that the liability for defects does not relate to construction services, to rescind the Contract. The warranty claims of the Purchaser shall be forfeited unless made within two years except where such claims relate to the performance of design or supervision services for a structure or defects in a structure or in an object which has been used, in accordance with its normal use, as a structure and such use has caused the defects concerned. In the case of such exceptions, warranty claims shall be forfeited unless made within five years. The period for such forfeiture shall begin on the acceptance of the goods or services concerned by the Purchaser, provided however that, for the purpose of this provision, the refusal of acceptance shall be deemed to constitute acceptance. The expiry to no avail, for reasons for which the Vendor is not responsible, of a grace period granted by the Vendor for the dispatch or commissioning of the goods concerned shall also be deemed to constitute the acceptance thereof by the Purchaser. The Purchaser shall not be entitled to remedy any defect itself and to claim reimbursement of the expenses incurred by the Purchaser for such remedial action unless the Vendor has failed to complete subsequent performance within a reasonable period allowed by the Purchaser or remedial work must be performed immediately in view of operational safety hazards or to avoid unreasonable loss or damage. In any such case, the Purchaser shall promptly notify the Vendor in writing of the work performed and the reasons therefore. In the event that any defect in goods supplied or services performed by the Vendor was justifiably remedied by the Purchaser, the Vendor shall bear the reasonable cost of such remedial action. The Vendor shall not be liable for defects, loss or damage caused by the improper or unsuitable use of goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration assembly or repair commissioning of goods by the Purchaser or third parties, normal wear and tear, incorrect or careless handling or repair work, the use of consumables not fit for the purpose, the use of construction sites not fit for the purpose, defective construction work, infringements of statutory provisions including without limitation provisions concerning chemicals and hazardous substances and chemical, electrochemical and electrical effects for which the Company’s approval; (ii) That Vendor is not responsible. Beyond the Purchaser warranty obligations stated in this Section 7, the Vendor shall have followed all instructions issued by the Company in relation to the goods; (iii) That in the case of defects which would have been reasonably apparent not be liable to the Purchaser on reasonable examination for any loss or damage whatsoever, including loss or damage other than to the goods or services supplied by the Vendor. This exclusion of liability shall not apply to death, personal injury or damage to health caused by the wilful of negligent breach of its obligations by the Vendor or to any other loss or damage caused by the wilful or grossly negligent breach of its obligations by the Vendor or a statutory representative, servant, agent or employee of the vendor or for the wilful or grossly negligent breach by the Vendor of essential provisions of the Contract. This exclusion of liability shall also not apply to the strict liability of the Vendor under the Produkthaftungsgesetz (Product Liability Act) for personal injury or damage to property caused by defects in goods supplied. This exclusion of liability shall also not apply in the event that the Vendor has given the Purchaser a guarantee as to the properties of the goods on deliverysupplied the purpose of which was to protect the Purchaser against such loss or damage. In the event that the Purchaser is of the opinion that loss or damage which would be unreasonably high with reference to the remuneration under the Contract could occur, the Purchaser shall be obligated to notify the Company Vendor thereof prior to the conclusion of the defects in writing within 14 working days Contract. Should the Purchaser fail to so notify the Vendor, the liability of delivery; (iv) That the Vendor, with the exception of death, personal injury or damage to health or the wilful or grossly negligent breach of obligations, shall be limited to such loss or damage as could reasonably have been foreseen by the Vendor in the case of any other defectsspecific case, unless the Purchaser shall notify the Company Vendor was insured against such loss or damage. The liability of the defects Vendor for purely financial loss or damage (e.g. loss or damage caused by the stoppage or restriction of production, loss of use or loss of profit) shall be limited to such amount as is reasonable in writing within 7 working days view of the date when the defect becomes apparent remuneration agreed, unless insurance cover can be obtained for such loss or damage and the Purchaser shall not make use conclusion of such goods after giving notice; (v) That where in discharge of its obligations under the warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be insurance cover has been agreed in writing between the Purchaser and the Company before the commencement of any such repair or remedial workParties. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. (a) The Company warrants that on delivery, and for a period of 2 years from the date of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaser without the Company’s approvalCompany’sapproval; (ii) That the Purchaser shall Purchasershall have followed all followedall instructions issued by the Company in relation to the goodsthegoods; (iii) That in the case Thatin thecase of defects which would have been reasonably apparent reasonablyapparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchaser shall Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That where in discharge of its obligations under the warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaser and the Company before the beforethe commencement of any such repair or remedial workrepairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 ▇▇▇ ▇▇▇▇ are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. (a) The Company warrants that on delivery, and for a period of 2 years from the date of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaser without the Company’s approvalCompany’sapproval; (ii) That the Purchaser shall have followed all instructions issued by the Company in relation to the goodsthePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto thegoods; (iii) That in the case Thatin thecase of defects which would have been reasonably apparent reasonablyapparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchaser shall Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That where in discharge of its obligations under the warranty given in this Clause whereindischargeofitsobligations underthewarrantygiveninthisClause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in agreedin writing between the Purchaser and Purchaserand the Company before the commencement of any such repair or remedial workremedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 ▇▇▇ ▇▇▇▇ are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. (a) The Company warrants that on delivery, and for a period of 2 years from the date of delivery delivery, or in the case of Lighting Controls systems 2 years from the date of final commissioning sign off (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaser without Purchaserwithout the Company’s approvalCompany’sapproval; (ii) That the Purchaser shall have followed all instructions issued by the Company in relation to the goodsrelationto thegoods; (iii) That in the case of defects which would have been reasonably apparent to the Purchaser on Purchaseron reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working 2working days of delivery; (iv) That in the case of any other defects, the Purchaser shall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That where in discharge of its obligations under the warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaser and the Company before the Companybeforethe commencement of any such repair or remedial workrepairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 ▇▇▇ ▇▇▇▇ are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. (a) The Company warrants that on delivery, and for a period of 2 years from the date of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaser without Purchaserwithout the Company’s approvalCompany’sapproval; (ii) That the Purchaser shall Purchasershall have followed all followedall instructions issued by the Company in relation to the goodsthegoods; (iii) That in the case thecase of defects which would have been reasonably apparent reasonablyapparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchaser shall Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That where in discharge of its obligations under the warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaser and the Company before the Companybeforethe commencement of any such repair or remedial workrepairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. (a) The Company warrants that on delivery, and for a period of 2 years from the date of delivery delivery, or in the case of Lighting Controls systems 2 years from the date of final commissioning sign off (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaser without Purchaserwithout the Company’s approvalCompany’sapproval; (ii) That the Purchaser shall have followed all instructions issued by the Company in relation to the goodsrelationto thegoods; (iii) That in the case of defects which would have been reasonably apparent to the Purchaser on Purchaseron reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 2 working days of delivery; (iv) That in the case of any other defects, the Purchaser shall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That where in discharge of its obligations under the warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaser and the Company before the Companybeforethe commencement of any such repair or remedial workrepairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. 8.1 The Company warrants that within eighteen (18) months from the date of dispatch of the Goods or twelve (12) months from the date of first use of the Goods by the Buyer (whichever the earlier) the Goods shall be free of all material defects 8.2 The Company warrants that the Goods will conform to the Contract specification 8.3 Any defects in the Goods or failure to conform to the Contract specification which should be apparent upon reasonable inspection to the buyer on delivery of the Goods must be detailed on the delivery note by the Buyer or the Buyer’s representative. The Company shall have no liability to the Buyer in respect of any such alleged defects or failure unless so detailed 8.4 Any warranty given by the Company in respect of the Goods supplied shall be subject to the following conditions: (a) The Company warrants that on delivery, and for a period shall be under no liability in respect of 2 years from the date of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of Goods arising from drawing design or specification supplied by the Sale of Goods Act 1979).Buyer (b) Subject The Company shall be under no liability in respect of any defects arising from fair wear and tear the Buyer’s negligence abnormal working conditions failure to clause 18(c)follow the Company’s instructions (whether oral or in writing, if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty including as set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company’s service manual) returns such goods to misuse or alteration or repair of the Goods without the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in fullapproval. (c) The Company shall be under no liability under any warranty condition or guarantee if the Price and VAT has not been paid by the Due Date (d) No warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaser without the Company’s approval; (ii) That the Purchaser shall have followed all instructions issued Company extends to Goods not manufactured by the Company in relation respect of which the Buyer shall only be entitled to the goods; (iii) That in the case of defects which would have been reasonably apparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchaser shall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That where in discharge of its obligations under the warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaser and the Company before the commencement benefit of any such repair warranty or remedial work. (d) The terms implied guarantee as is given by sections 13 to 15 of the Sale of Goods Act 1979 are, manufacturer to the fullest extent permitted by law, excluded from the Contract.Company (e) Clause 18(a) to Clause 18(d) Unless agreed in writing the Company shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s be under no liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which any alleged defects in respect of any failure of the Goods to comply with any governmental statutory or other provisions relating to the Goods in the country of destination of the Goods and the Buyer acknowledges that it would shall be unlawful its responsibility to ensure that the Goods comply with such provisions as may apply to the Goods 8.5 The Company’s sole obligation for breach of the Company to exclude or restrict liability.warranties set out in clauses 7.1 and

Warranty and Liability. (a) The 14.1 Unless otherwise stated in these General Terms and Conditions of Sale, the Company disclaims any and all warranties or conditions with regard to the Products of any kind whatsoever. Further, the Company does not warrant that the Products will operate without interruption or that they will be error free, virus free or secure. 14.2 Notwithstanding article 14.1 of these General Terms and Conditions of Sale, the Company warrants that on delivery(i) in the event of defects in the construction of the Products and (ii) in the event that such Products are returned to the Company “CIP Zuidland, the Netherlands” in accordance with the relevant terms of the Incoterms 2010 or any later version thereof and for a period of 2 years within twelve (12) months from the Products being put into operation, but no longer than fifteen (15) months from the date of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free dispatch from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods ’s premises and with respect to the Company's place of business at the Purchaser’s costwhich timely notice was given, the Company it shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namelyown discretion: (iA) That either redeliver such Products at no cost; or, (B) repair such Products at no cost; or, (C) credit the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration Customer in as far as is reasonable in whole or repair in part for the invoice value of goods such Products. Damage resulting from inexpert use by the Purchaser without the Company’s approval; (ii) That the Purchaser shall have followed all instructions issued by the Company in relation to the goods; (iii) That in the case of defects which would have been reasonably apparent to the Purchaser on reasonable examination of the goods on deliveryCustomer and or any third parties, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchaser shall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall does not make use of such goods after giving notice; (v) That where in discharge of its obligations fall under the warranty given mentioned in this Clause article 14. Parts repaired or replaced shall be delivered “CIP Customer named place or terminal” in accordance with the relevant terms of the Incoterms 2010 or any later version thereof. Repair and replacement shall neither extend nor renew the agreed warranty period. The Company shall never be obligated to pay any substitute or additional compensation for damage, except if and insofar as exclusion of liability is prohibited by Dutch law. If and insofar as the Company agrees that is obligated to pay compensation for damages, notwithstanding the Purchaser may undertake any repair or remedial work on aforementioned, this shall never exceed, at its behalfown discretion, either the invoice value of the Products in connection with which the damages were caused or, if the damage is covered by an insurance of the Company, the cost of such work shall be agreed amount which is actually paid in writing between the Purchaser and matter by the Company before the commencement of any such repair or remedial workinsurer. (d) The terms implied by sections 13 to 15 of 14.3 Each claim against the Sale of Goods Act 1979 areCompany, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied except those acknowledged by the Company, shall lapse on account of the mere expiration of a period of 14.4 EXCEPT WHERE LOCAL MANDATORY LAW CREATES ADDITIONAL RIGHTS OR REMEDIES FOR CUSTOMER, CUSTOMER ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT IT HAS SELECTED THE PRODUCT(S) BASED ON ITS PROFESSIONAL JUDGMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE UPON ANY STATEMENTS MADE BY THE COMPANY OR ANY AGENT, REPRESENTATIVE OR EMPLOYEE OF THE COMPANY NOT EXPRESSLY STATED HEREIN. UNLESS OTHERWISE STATED IN THE AGREEMENT, THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE PRODUCTS AND SERVICES PROVIDED HEREUNDER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT GUARANTEE OR WARRANT THE PRODUCTS TO CUSTOMER IN ANY WAY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE RESPONSIBLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR UNANTICIPATED PROBLEMS, DELAYS OR OTHER EVENTS OUTSIDE OF ITS CONTROL. WITHOUT PREJUDICE TO THE AFORESAID, IN NO CIRCUMSTANCES WHATEVER SHALL THE LIABILITY OF THE COMPANY OR THE AMOUNT OF ANY DAMAGES OR COMPENSATION PAYABLE BY THE COMPANY ON ANY CLAIM WHATSOEVER CONCERNING OR RELATING, DIRECTLY OR INDIRECTLY, TO THE PRODUCTS AND INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED ON NEGLIGENCE, MISREPRESENTATION, BREACH OF CONTRACT OR WARRANTY EXCEED IN TOTAL THE COMPANY'S INVOICE PRICE OF THE EQUIPMENT OR PRODUCT(S) COMPLAINED OF. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.