Common use of Claims for defects Clause in Contracts

Claims for defects. The Supplier is liable for material defects and defects of title of the supplied goods to the exclusion of additional claims – subject to clause VII – as follows: Material defects 1.) All parts found to be defective due to circumstances occurring prior to the passing of risk must be repaired or replaced by parts free of defects. Such repairs and replacements are free of charge. The choice of carrying out repairs or of replacing defective parts is at the Supplier's discretion. The Supplier must be informed immediately in writing of any identified defects. Replaced parts become the property of the Supplier. 2.) After notifying the Supplier, the Buyer must allow the Supplier sufficient time and opportunity to perform all repairs or replacements considered necessary by the Supplier, otherwise the Supplier shall be released from his liability for any consequences ensuing. The Buyer may only rectify the defects himself or commission a third party to rectify the defects and demand that the Supplier shall reimburse the costs accruing in urgent cases where the operational safety is threatened or to prevent disproportionate damages; In such cases the Supplier must be notified immediately. 3.) With regard to the direct costs arising in connection with the repair or replacement - provided the complaint is legitimate - the Supplier will bear the costs of the replacement part including shipping costs. The Supplier will additionally also bear the costs of removal of the defective part and installation of the new part together with the cost of providing the necessary service technician and assistants including travelling expenses, as long as this does not constitute an unreasonable burden on the Supplier, and unless the costs do not increase because the purchased item has been brought to a location other than the place of performance. 4.) The Buyer has the right to withdraw from the contract in compliance with the legal regulations if the Supplier - after due consideration of the special statutory exemptions - allows a reasonable period of grace given to him for the rectification or replacement of the defective parts to expire fruitlessly. If the defect is merely a non-serious defect, the Buyer is only entitled to ▇▇▇▇▇ the contract price. The right to ▇▇▇▇▇ the contract price shall be excluded in all other cases. All further claims are determined in accordance with clause 7.2 of these terms and conditions. 5.) No warranty is given for the following cases: unsuitable or improper use or storage, faulty assembly or commissioning by the Buyer or a third party, disregard of danger warnings, natural wear and tear, faulty or careless handling, improper maintenance, the use of unsuitable equipment, faulty construction work, unsuitable foundations, chemical, electrochemical or electrical factors - provided that the Supplier is not responsible for them. 6.) If the Buyer or a third party carries out incorrect repairs, the Supplier will not be liable for any consequences resulting therefrom. The same applies to any alterations to the supplied article carried out without the prior approval of the Supplier. 7.) Claims for defects by the Buyer are subject to him having fulfilled the inspection and notification obligations properly in accordance with § 377 HGB (German Commercial Code). 8.) Guarantees referred to § 443 BGB require an explicit written agreement. The same applies to availability commitments. All the particulars provided by the Supplier on the item sold or service rendered in its catalogues, brochures and price lists are only descriptions, identification markings or reference values, as far as they are not explicitly designated as binding in the order confirmation. Defects of title 9.) If utilization of the supplied article leads to a violation of industrial or intellectual property rights within Germany, the Supplier will obtain the rights to allow the Buyer to basically continue utilizing the supplied article or the Supplier will modify the supplied article in an appropriate and reasonable manner such that it no longer violates the property rights; the costs of obtaining these rights or of modifying the article will be borne by the Supplier. If this is not possible under reasonable economic conditions or within a reasonable period of time, the Buyer is entitled to withdraw from the contract. Under these conditions the Supplier also has the right to withdraw from the contract. Moreover, the Supplier will release the Buyer from all indisputable claims or claims which have become final filed by the respective holder of the property rights. 10.) The Supplier’s obligations as mentioned in clause VI.9 are subject to the provisions of clause

Claims for defects. The Supplier is liable for material defects and For defects of title any type whatsoever in the delivery and excluding further claims -under reserve of the supplied goods to the exclusion of additional claims – subject to clause VII – Section VII- IBT GmbH warrants as follows: Material defects: 1.) All parts found . Those parts, which prove as a result of a factor existing before the transfer of risk to be defective due to circumstances occurring prior to the passing of risk must defective, shall be repaired or replaced by with parts free of defects. Such repairs and replacements are defects at the choice of IBT GmbH free of charge. The choice assessment of carrying out repairs or of replacing defective parts is at the Supplier's discretion. The Supplier such defects must be informed immediately notified in writing of any identified defects. without delay by the customer to IBT GmbH. Replaced parts shall become the property of the Supplier.IBT GmbH. 2.) . After notifying agreement with IBT the Supplier, customer must give the Buyer must allow the Supplier sufficient required time and opportunity for IBT GmbH to perform carry out all the repairs or replacements considered necessary by the Supplier, which appear necessary; otherwise the Supplier IBT GmbH shall be released from his liability for any the consequences ensuingarising therefrom. The Buyer may only rectify the defects himself or commission a third party to rectify the defects and demand that the Supplier shall reimburse the costs accruing Only in urgent cases where the operational operating safety is threatened endangered or to prevent disproportionate damages; In such disproportionately major damage, in which cases IBT GmbH must immediately be notified, does the Supplier must be notified immediatelycustomer have the right to remedy the defect himself or to have it remedied by a third party and to demand from IBT GmbH compensation for the expenses incurred. 3.) With regard to . Of the direct costs arising in connection with directly from the repair or delivery of a replacement - provided insofar as the complaint is legitimate - the Supplier will proves justified – IBT GmbH shall bear the costs of the replacement part item including shipping despatch costs. The Supplier will additionally They shall also bear the costs of removal the dis-assembly and installation as well as the costs of any provision of personnel which may be necessary including transport costs, unless this places a disproportionate burden on IBT GmbH. 4. The customer shall have the right under the provisions of the defective part and installation of the new part together with the cost of providing the necessary service technician and assistants including travelling expenses, as long as this does not constitute an unreasonable burden on the Supplier, and unless the costs do not increase because the purchased item has been brought to a location other than the place of performance. 4.) The Buyer has the right law to withdraw from the contract in compliance contract, where IBT GmbH, with due regard to the legal regulations if the Supplier - after due consideration of the special statutory exemptions - exceptions, allows to elapse a reasonable period of grace given to him deadline, which has been set for them, for the rectification subsequent improvement or replacement of the defective parts to expire fruitlesslyan item by reason of a material defect. If the issue concerns an insignificant defect is merely a non-serious defectonly, the Buyer customer is entitled only entitled to ▇▇▇▇▇ a reduction in the contract contractual price. The right to ▇▇▇▇▇ a reduction in the contract contractual price shall be remains excluded in all other cases. All further Further claims are shall be determined in accordance with clause 7.2 Section VII.2 of these terms and conditionsConditions. 5.) . No warranty is given for accepted in particular in the following cases: unsuitable Unsuitable or improper use or storageinappropriate use, faulty defective assembly or commissioning by the Buyer customer or a third party, disregard of danger warnings, natural normal wear and tear, faulty defective or careless negligent handling, improper maintenance, the use of unsuitable equipment, faulty construction workmaintenance not carried out in proper form, unsuitable foundationsoperational materials, defective construction works, unsuitable subsoil, chemical, electrochemical electro-chemical or electrical factors - provided that the Supplier influences, unless IBT GmbH is not responsible for themthese. 6.) . If the Buyer or customer of a third party carries out incorrect inappropriate repairs, the Supplier will IBT GmbH shall not be liable for any the consequences resulting arising therefrom. The same applies shall apply to any alterations modifications to the supplied article carried out delivery object, which have been undertaken without the prior approval agreement of IBT GmbH. 7. In the event that the use of the Supplier. 7.) Claims for defects by the Buyer are subject to him having fulfilled the inspection and notification obligations properly in accordance with § 377 HGB (German Commercial Code). 8.) Guarantees referred to § 443 BGB require an explicit written agreement. The same applies to availability commitments. All the particulars provided by the Supplier on the item sold or service rendered in its catalogues, brochures and price lists are only descriptions, identification markings or reference values, as far as they are not explicitly designated as binding in the order confirmation. Defects of title 9.) If utilization of the supplied article leads to a violation of industrial or delivery object infringes commercial intellectual property rights within Germanyor copyrights, IBT GmbH shall at their costs grant to the Supplier will obtain customer as a matter of principle the rights right to allow the Buyer to basically continue utilizing the supplied article further use or the Supplier will shall modify the supplied article delivery object in an appropriate and a manner reasonable manner such for the customer, so that it no longer violates the any breach of intellectual property rights; the costs of obtaining these rights or of modifying the article will be borne by the Supplieris thereby removed. If this is not possible under reasonable economic conditions or within a reasonable period of timeor to commercially appropriate conditions, the Buyer is customer shall be entitled to withdraw from the contract. Under these conditions the Supplier aforesaid provisions IBT GmbH also has the a right to withdraw from the contract. Moreover, the Supplier will IBT shall moreover release the Buyer customer from all indisputable undisputed claims or claims stipulated by law from the proprietor of the intellectual property rights affected. 8. The obligations of IBT GmbH referred to in Section VI. 7 are under reserve of Section VII. 2 conclusive in the case of a breach of intellectual property rights or copyrights. Claims shall arise only where the customer notifies IBT GmbH without delay of breaches of intellectual property rights or copyrights, which have become final filed been asserted, the customer shall support IBT GmbH to an appropriate extent in defending any claims asserted or IBT GmbH facilitates the performance of the modifications in accordance with Section VII.7, all defence measures including out-of-court provisions remain reserved to IBT GmbH, the defect of title does not rely on a directive of the customer and the infringement of the law has not been caused by any unauthorised modification of the delivery object by the respective holder customer or by the use of the property rightsdelivery object in a manner which is not as provided in the contract. 10.) The Supplier’s obligations as mentioned in clause VI.9 are subject to the provisions of clause

Claims for defects. The Supplier is liable for material defects and title defects of title of the supplied goods to the exclusion of additional claims – further claims, subject to clause VII – Section VII., as follows: Material defects: 1.) . All parts found proving to be defective due to circumstances as a result of circum- stances occurring prior to the passing transfer of risk must shall be repaired or replaced by parts defect-free of defects. Such repairs and replacements are free of charge. The choice of carrying out repairs or of replacing defective parts is at the Supplier's discretiondiscre- tion. The Supplier discovery of such defects must be informed immediately reported to the Supplier in writing of any identified defectswithout delay. Replaced parts Parts replaced shall become the property of the Supplier. 2.) After notifying . Upon agreement with the Supplier, the Buyer must allow Orderer shall provide the Supplier sufficient the time and opportunity deemed necessary by the Supplier to perform all repairs or replacements considered necessary by the Supplier, and replacement deliveries; otherwise the Supplier shall be released exempted from his liability for any consequences ensuingthe resulting consequences. The Buyer may only rectify the defects himself or commission a third party to rectify the defects and demand that the Supplier shall reimburse the costs accruing Only in urgent cases where the operational safety is threatened in danger or disproportionate damage has to prevent disproportionate damages; In such be avoided, in which cases the Supplier must is to be notified immediately, the Orderer shall be entitled to remove the defect itself or have the defect removed by a third party and claim compensation for the incurred expense from the Sup- plier. 3.) With regard to . The Supplier shall assume the direct costs arising in connection with the from repair work or replacement - provided deliveries, including the shipping costs insofar as the complaint is legitimate - the Supplier will bear the costs of the replacement part including shipping costs. The Supplier will additionally also bear the costs of removal of the defective part proves to be justified and installation of the new part together with the cost of providing the necessary service technician and assistants including travelling expenses, as long as if this does not constitute an unreasonable result in a disproportionate burden on the Supplier, and unless . If the costs do not expenses increase because due to the purchased fact that the Orderer has taken the delivery item has been brought to a location place other than the place of performanceperformance after delivery, any additional costs incurred shall be borne by the Orderer. When selling a newly manufactured item, the Supplier shall also reimburse the expenses incurred by the Orderer in the context of recourse claims in the supply chain to the extent of its legal obligation. 4.) The Buyer has . Within the framework of the statutory provisions, the Orderer shall have the right to withdraw from revoke the contract in compliance with the legal regulations if the Supplier - after due consideration of the special statutory exemptions - allows lets expire without result a reasonable period of grace given time set for it to him for remedy the rectification defect or replacement of make a replace- ment delivery due to a material defect, taking into account the defective parts to expire fruitlesslystatutory exceptions. If the defect there is merely a non-serious only an insignificant defect, the Buyer Orderer is only entitled to ▇▇▇▇▇ a reduction of the contract price. The right to ▇▇▇▇▇ reduce the contract price is otherwise excluded. Further claims shall be excluded determined exclusively in all other casesaccor- dance with Section VII.2. All further claims are determined in accordance with clause 7.2 of these terms and conditions. 5.) . No warranty is given for liability shall be assumed in the following cases: unsuitable Inappropriate or improper use or storageuse, faulty incorrect assembly or commissioning by the Buyer Orderer or a third party, disregard of danger warnings, natural normal wear and tear, faulty incorrect or careless negligent handling, improper incorrect maintenance, the use of unsuitable equipmentoperating resources, faulty defective construction work, unsuitable foundations, chemical, electrochemical or electrical factors - provided that influences insofar as these are not the Supplier is not responsible for themresponsibility of the Supplier. 6.) . If the Buyer Orderer or a third party carries out incorrect improper repairs, the Supplier will is not be liable for any consequences resulting therefromthe consequences. The same applies shall apply to any alterations modifications to the supplied article delivery item carried out without the prior approval consent of the Supplier. 7.) Claims for defects by . If the Buyer are subject use of the delivery item leads to him having fulfilled the inspection an infringement of industrial property rights or copyrights in Germany and notification obligations properly in accordance with § 377 HGB (German Commercial Code). 8.) Guarantees referred to § 443 BGB require an explicit written agreement. The same applies to availability commitments. All the particulars provided by if the Supplier on the item sold or service rendered in its catalogues, brochures and price lists are only descriptions, identification markings or reference values, as far as they are not explicitly designated as binding in the order confirmation. Defects of title 9.) If utilization of the supplied article leads to a violation of industrial or intellectual property rights within Germanyis exclusively responsible for this, the Supplier will obtain shall, at its own expense, generally procure the rights right of further use to allow the Buyer to basically continue utilizing the supplied article Orderer or the Supplier will modify the supplied article delivery item in an appropriate and reasonable a manner acceptable to the Orderer in such a way that it the infringement of property rights no longer violates the property rights; the costs of obtaining these rights or of modifying the article will be borne by the Supplierexists. If this is not possible under economically reasonable economic conditions or within a reasonable period of time, the Buyer is Orderer shall be entitled to withdraw from revoke the contract. Under these conditions The Supplier shall also be entitled to revoke the Supplier also has contract under the right to withdraw from the contractaforementioned conditions. MoreoverIn addition, the Supplier will release shall indemnify the Buyer from all indisputable Orderer against undisputed or legally established claims or claims which have become final filed by of the respective holder owners of the property rights. 10.) 8. The Supplier’s 's obligations as mentioned stipulated in clause VI.9 Section VI.7 are subject conclusive in the event of an infringement of property rights or copyrights, to Section VII.2. They shall apply only if • the provisions Orderer notifies the Supplier without delay of clauseany asserted violation of industrial property rights or copy- rights, • the Orderer supports the Supplier to a reasonable extent in the defence against the asserted claims, or enables the Supplier to perform modifications pursuant to Sec- tion VI.7, • the undertaking of all defence measures including out of court regulation are reserved for the Supplier, • the title defect is not based on an instruction of the Orderer and • the infringement of rights was not caused by the fact that the Orderer has arbitrarily changed the delivery item or used it in a manner not in accordance with the contract.

Claims for defects. The Supplier is supplier shall be held liable for material defects and defects of title of on the supplied goods delivery as follows (to the exclusion of additional claims further claims) – subject to clause VII – as follows: Material defectsSection VII: 1.) All parts found to . Defective goods may be defective due to circumstances occurring prior to the passing of risk must be either repaired or replaced by parts with defect-free goods, at the discretion of defects. Such repairs and replacements are free of chargethe supplier. The choice of carrying out repairs or of replacing defective parts is at the Supplier's discretion. The Supplier must be informed immediately in writing of any identified defects. Replaced replaced parts become the property of the Suppliersupplier. 2.) After notifying the Supplier, the Buyer . The purchaser must allow the Supplier sufficient time and opportunity for the supply to perform carry out all repairs or replacements considered necessary by and replacement deliveries which the Supplier, latter shall deem necessary; otherwise the Supplier shall be released supplier is exempted from his liability for any consequences ensuingthe consequences. The Buyer may only Only in urgent cases, where operational safety is endangered or to avert disproportionate further damage, in which case the supplier is to be informed immediately, does the purchaser have the right to rectify the defects himself defect themselves or commission to have it rectified by a third party and to rectify demand payment from the defects and demand that supplier for the Supplier shall reimburse the costs accruing in urgent cases where the operational safety is threatened or to prevent disproportionate damages; In such cases the Supplier must be notified immediatelynecessary expenses. 3.) With regard to the direct costs arising in connection with the repair or replacement - provided . Where the complaint is legitimate - proves to be founded, the Supplier will supplier shall bear the immediate costs for repairs or delivery of the replacement part a replacement, including shipping delivery costs. The Supplier will additionally They shall also bear the costs of for removal of the defective part and installation of the new part together with the cost of providing the necessary service technician and assistants including travelling expensesinstallation, as long well as the costs for providing any required fitters and support staff, including travel, provided that this does not constitute an unreasonable result in any disproportionate burden on the Suppliersupplier. The purchaser shall bear the remaining costs. Travel and hourly wages for fitters and support staff outside the Federal Republic of Germany shall be borne by the purchaser, and unless since the costs do not increase because prices of the purchased item has been brought to a location other than supplier are calculated on the place basis of performancedomestic business. 4.) . The Buyer purchaser has the a statutory right to withdraw from the contract in compliance with the legal regulations contract, if the Supplier - after due consideration of the special statutory exemptions - allows supplier is given a reasonable period of grace given to him for the rectification repairs or replacement delivery of the defective parts a replacement, due to expire fruitlesslya material defect – taking account of statutory exceptions – and allows it to elapse without result. If the defect is merely a non-serious defectnot significant, the Buyer is purchaser shall only be entitled to ▇▇▇▇▇ a reduction in the contract contractually-agreed price. The right Except for these circumstances, there is no entitlement to ▇▇▇▇▇ a reduction in the contract price shall be excluded in all other casescontractually-agreed price. 5. All further Other claims are determined in accordance with clause 7.2 exclusively according to Section VII.2 of these terms and conditions. 5.) No warranty is given for 6. The supplier particularly excludes liability in the following cases: unsuitable or improper use or storage: 7. If repairs are carried out improperly, faulty assembly or commissioning either by the Buyer purchaser or a third party, disregard of danger warnings, natural wear and tear, faulty or careless handling, improper maintenance, the use of unsuitable equipment, faulty construction work, unsuitable foundations, chemical, electrochemical or electrical factors - provided that the Supplier is not responsible for them. 6.) If the Buyer or a third party carries out incorrect repairs, the Supplier will supplier shall not be held liable for any consequences resulting therefromconsequences. The same applies to any alterations to modifications undertaken on the supplied article carried out delivery item without the prior approval of from the Supplier. 7.) Claims for defects by the Buyer are subject to him having fulfilled the inspection and notification obligations properly in accordance with § 377 HGB (German Commercial Code). 8.) Guarantees referred to § 443 BGB require an explicit written agreement. The same applies to availability commitments. All the particulars provided by the Supplier on the item sold or service rendered in its catalogues, brochures and price lists are only descriptions, identification markings or reference values, as far as they are not explicitly designated as binding in the order confirmationsupplier. Defects of title 9.) 8. If utilization the use of the supplied article delivery item leads to a violation the infringement of industrial or intellectual property rights or copyrights within Germany, Germany the Supplier supplier will obtain generally grant to the rights purchaser the right to allow the Buyer to basically continue utilizing the supplied article continued use or the Supplier will modify the supplied article delivery item in an appropriate and such a way as is reasonable manner such that it no longer violates to the purchaser, so as to avoid property rights; the costs of obtaining these rights or of modifying the article will be borne by the Supplierright infringement. If this is not possible under economically reasonable economic conditions or within in a reasonable period of time, the Buyer purchaser is entitled to withdraw from the contract. Under these conditions The stated preconditions also give the Supplier also has the right supplier entitlement to withdraw from the contract. Moreover, the Supplier will release supplier shall indemnify the Buyer from all indisputable purchaser against any claims or claims which have become final filed by of the respective holder of the property rightsrights which are uncontested or have been established by law. 10.9. The obligations of the supplier listed in section VI.8 shall be exhaustive, with the exception of section VII.2, in the event of industrial property or copyrights being violated. They shall only apply if: - the purchaser notifies the supplier without delay (no more than 7 days after becoming aware) The Supplier’s obligations as mentioned of infringements of - industrial property rights or copyright - the purchaser assists the supplier to a reasonable extend in clause VI.9 warding off claims or allows the supplier to perform the modification measures according to section VI. 8, - all defence measures including out-of-court settlements are subject retained by the supplier - the defect of title is not based on an instruction given by the purchaser - the legal infringement has not been caused by the purchaser making unauthorised changes to the provisions of clausedelivery item or - using it in a manner not intended under the contract.

Claims for defects. The Supplier Licensee, provided that it is liable for material defects and defects not a consumer, must examine the Software immediately after its delivery by the Licensor or its download, insofar as this is feasible, in accordance with the proper course of title business and, if a defect is revealed, notify the Licensor of this immediately. If the Licensee refrains from this notification, the goods shall be deemed approved, unless it is a case of a defect that could not be identified in the investigation. If such a defect is revealed, the notification must be made immediately after the discovery; otherwise, the goods shall be deemed approved in view of this defect too. The timely despatch of the supplied goods notification shall be sufficient for the preservation of the rights of the Licensee. The foregoing provisions shall not apply if and insofar as the Licensor has fraudulently concealed a defect. In other respects, any form of warranty for defects for Freeware shall be excluded. A defect in the Software shall only be deemed to exist if the Software does not have the agreed condition at the time of the transfer of risks. The agreed condition shall be documented in the software system documentation for the respective release stage in the version valid at the time of the conclusion of the Agreement. Minor deviations from the relevant system documentation shall not be deemed a defect. Warranty claims of the Licensee shall not exist if the latter does not use the Software as intended or the Licensee has interfered with the Software itself or through third parties. The exclusion of additional claims – subject warranty shall not take effect if the Licensee proves that the reported defect occurred during use of the Software as intended or is not connected with an interference with the Software. If a defect occurs, the Licensor is entitled, at its own discretion, to clause VII – as follows: Material defects 1.) All parts found remove the defect or to be defective due to circumstances occurring prior to provide a replacement for the passing of risk must be repaired or replaced by parts free of defects. Such repairs and replacements are free of chargeSoftware (supplementary performance). The choice of carrying out repairs or of replacing defective parts is at the Supplier's discretion. The Supplier must be informed immediately in writing of any identified defects. Replaced parts become the property of the Supplier. 2.) After notifying the Supplier, the Buyer must allow the Supplier sufficient time and opportunity to perform all repairs or replacements considered necessary by the Supplier, otherwise the Supplier shall be released from his liability for any consequences ensuing. The Buyer may only rectify the defects himself or commission a third party to rectify the defects and demand that the Supplier shall reimburse the costs accruing in urgent cases where the operational safety is threatened or to prevent disproportionate damages; In such cases the Supplier must be notified immediately. 3.) With regard to the direct costs arising in connection with the repair or replacement - provided the complaint is legitimate - the Supplier will bear the costs of the replacement part including shipping costs. The Supplier will additionally also bear the costs of removal of the defective part and installation of defect may also take place through instructions to the new part together with Licensee in writing or by telephone. In such cases, the cost of providing Licensee is obliged to put the necessary service technician and assistants including travelling expensesinstructions into practice, as long insofar as this does is feasible for it. A workaround shall also be deemed a removal of defects, provided that the contractually agreed use is not constitute an unreasonable burden on materially impaired by this. The supplementary performance shall be deemed to have failed after the Supplier, and unless the costs do not increase because the purchased item has been brought to a location other than the place of performance. 4.) The Buyer has the right to withdraw from the contract in compliance with the legal regulations if the Supplier - after due consideration of the special statutory exemptions - allows a reasonable period of grace given to him for the rectification or replacement of the defective parts to expire fruitlesslythird unsuccessful attempt. If the defect is merely a non-serious defectsupplementary performance fails, the Buyer is only entitled to ▇▇▇▇▇ the contract price. The right to ▇▇▇▇▇ the contract price shall be excluded in all other cases. All further claims are determined in accordance with clause 7.2 of these terms and conditions. 5.) No warranty is given for the following cases: unsuitable or improper use or storage, faulty assembly or commissioning by the Buyer or a third party, disregard of danger warnings, natural wear and tear, faulty or careless handling, improper maintenance, the use of unsuitable equipment, faulty construction work, unsuitable foundations, chemical, electrochemical or electrical factors - provided that the Supplier is not responsible for them. 6.) If the Buyer or a third party carries out incorrect repairs, the Supplier will not be liable for any consequences resulting therefrom. The same applies to any alterations to the supplied article carried out without the prior approval of the Supplier. 7.) Claims for defects by the Buyer are subject to him having fulfilled the inspection and notification obligations properly in accordance with § 377 HGB (German Commercial Code). 8.) Guarantees referred to § 443 BGB require an explicit written agreement. The same applies to availability commitments. All the particulars provided by the Supplier on the item sold or service rendered in its catalogues, brochures and price lists are only descriptions, identification markings or reference values, as far as they are not explicitly designated as binding in the order confirmation. Defects of title 9.) If utilization of the supplied article leads to a violation of industrial or intellectual property rights within Germany, the Supplier will obtain the rights to allow the Buyer to basically continue utilizing the supplied article or the Supplier will modify the supplied article in an appropriate and reasonable manner such that it no longer violates the property rights; the costs of obtaining these rights or of modifying the article will be borne by the Supplier. If this is not possible under reasonable economic conditions or within a reasonable period of time, the Buyer Licensee is entitled to withdraw from the contractAgreement. Under these conditions If the Supplier Licensor is at fault, the Licensee is entitled to demand compensation or the reimbursement of the futile expenses. A reduction shall be excluded. The period of limitation for claims for defects shall amount to one year, provided that the Licensee is not a consumer. It shall start with the delivery of the Software to the Licensee. The legal requirements shall apply for consumers. Claims for defects shall also has be excluded if the right to withdraw defects result from the contract. Moreoverfollowing: (a) the failure of the Licensee to perform troubleshooting procedures, although this was possible for it and it has a corresponding obligation, (b) the Supplier will release failure to install and maintain on-going Updates and/or Upgrades that are provided by OPERTIS or third-party suppliers, (c) a customer environment that does not comply with the Buyer from all indisputable claims applicable laws, regulations and the relevant mandatory industry standards, (d) an inadequate, incorrect or claims which have become final filed incomplete creation or maintenance of the customer environment by the respective holder Licensee or a third party commissioned by it, or (e) infringements by the Licensee or a third party commissioned by it of provisions of the property rightspresent Agreement, insofar as these cause the defect. The Licensor shall make no guarantee. Employees of the Licensor are not entitled to a guarantee promise. The Licensee may only refer to a guarantee promise of the Licensor if it has been confirmed in writing by the Licensor itself or its legal representatives. 10.) The Supplier’s obligations as mentioned in clause VI.9 are subject to the provisions of clause

Claims for defects. The Supplier is liable for For material defects and defects of title of title, the supplied goods to Supplier provides the following guarantees, with the exclusion of additional further claims – (subject to clause VII – as follows: Material defectssection VII): 1.) . All such parts found to be which prove defective due to circumstances occurring prior to the passing passage of risk must shall at the Supplier’s discretion be repaired or replaced by parts free of defects. Such repairs and replacements are with faultless parts, free of charge. The choice of carrying out repairs or of replacing defective parts is at the Supplier's discretion. The Supplier must be informed immediately promptly notified in writing of writing, if any identified defectssuch defects are ascertained. Replaced parts become pass into the property ownership of the Supplier. 2.) After notifying . Upon consultation of the Supplier, the Buyer Client must allow grant the Supplier sufficient the time and opportunity to perform for all repairs or replacements considered necessary by the Supplier, otherwise such repair work and supplementary performance as the Supplier shall be released deems necessary; otherwise, the Supplier is relieved from his liability for any consequences ensuingthe ensuing consequences. The Buyer may only rectify Only in urgent cases of imminent danger to operational safety or in order to prevent incommensurate damage is the defects himself Client entitled to remove the defect by itself or commission a third party with its removal and to rectify demand compensation of its costs from the defects Supplier; in such cases, the Client must promptly notify the Supplier. 3. Of the immediate costs incurred as a consequence of the repair work or the supplementary performance, the Supplier bears the costs for the replaced parts and demand the costs of shipment, provided that the complaint proves justified. Further, the Supplier shall reimburse the costs accruing in urgent cases where the operational safety is threatened or to prevent disproportionate damages; In such cases the Supplier must be notified immediately. 3.) With regard to the direct costs arising in connection with the repair or replacement - provided the complaint is legitimate - the Supplier will bear the costs of the replacement part including shipping costs. The Supplier will additionally also bear the costs of removal of the defective part and installation of the new part together with the cost of providing disassembly and installation and the costs for commissioning the necessary service technician fitters and assistants unskilled assistances including travelling travel expenses, as long as this does not constitute unless such compensation of costs would bring about an unreasonable incommensurate burden on for the Supplier, and unless the costs do not increase because the purchased item has been brought to a location other than the place of performance. 4.) The Buyer has . Within the right to statutory limits, the Client may withdraw from the contract in compliance with the legal regulations contract, if the Supplier - after due consideration of the special fails to perform within a commensurate respite which it was granted for repair or supplementary performance, subject to statutory exemptions - allows a reasonable period of grace given to him for the rectification or replacement of the defective parts to expire fruitlesslyexemptions. If the defect is of an immaterial nature, then the Client is merely a non-serious defect, the Buyer is only entitled to ▇▇▇▇▇ a discount. For the contract pricerest, any claims for a reduction of the contractual price are hereby excluded. The right to ▇▇▇▇▇ the contract price shall be excluded in all other cases. All further Further claims are determined in accordance with clause 7.2 of these terms and conditionsgoverned by section VII.2 hereof. 5.) . No warranty guarantee is given for provided, in particular, in the following cases: unsuitable Improper or improper use or storage, unqualified usage; faulty assembly or commissioning commission by the Buyer Client or a by third party, disregard of danger warnings, parties; natural wear and tear, ; faulty or careless handling, negligent treatment; improper maintenance, the use of ; unsuitable equipment, faulty fuels; defective construction work, ; unsuitable foundations, substrate; chemical, electrochemical electro-chemical, or electrical factors - provided that influences unless the Supplier is not responsible for them. 6.) If . In the Buyer event that the Client or a third party carries out incorrect repairsperform improper repair work, the Supplier will is not be liable for any consequences resulting therefromthe ensuing consequences. The same applies to any alterations to modifications of the supplied article carried out subject of delivery without the prior approval of the Supplier. 7.) Claims for defects by the Buyer are subject to him having fulfilled the inspection and notification obligations properly in accordance with § 377 HGB (German Commercial Code). 8.) Guarantees referred to § 443 BGB require an explicit written agreement. The same applies to availability commitments. All the particulars provided by the Supplier on the item sold or service rendered in its catalogues, brochures and price lists are only descriptions, identification markings or reference values, as far as they are not explicitly designated as binding in the order confirmation. Defects of title 9.) If utilization of the supplied article leads to a violation of industrial or intellectual property rights within Germany, the Supplier will obtain the rights to allow the Buyer to basically continue utilizing the supplied article or the Supplier will modify the supplied article in an appropriate and reasonable manner such that it no longer violates the property rights; the costs of obtaining these rights or of modifying the article will be borne by the Supplier. If this is not possible under reasonable economic conditions or within a reasonable period of time, the Buyer is entitled to withdraw from the contract. Under these conditions the Supplier also has the right to withdraw from the contract. Moreover, the Supplier will release the Buyer from all indisputable claims or claims which have become final filed by the respective holder of the property rights. 10.) The Supplier’s obligations as mentioned in clause VI.9 are subject to the provisions of clauseprior consent.

Claims for defects. The Supplier is shall be liable for material defects and defects of quality and title of the supplied goods delivery to the exclusion of additional further claims – - subject to clause Section VII – - as follows: Material defects: 1.) . All those parts found which prove to be defective due to circumstances occurring as a result of a circumstance prior to the passing transfer of risk must shall be repaired or replaced by parts free of defects. Such repairs and replacements are free of charge. The choice of carrying out repairs or of replacing defective parts is defects at the discretion of the Supplier's discretion. The Supplier must immediately be informed immediately notified in writing of any identified such defects. Replaced parts become the property of the Supplier. 2.) . After notifying consultation with the Supplier, the Buyer must allow Purchaser shall give the Supplier sufficient the necessary time and opportunity to perform carry out all repairs or replacements considered necessary by subsequent improvements and replacement deliveries which the Supplier, Supplier deems necessary; otherwise the Supplier shall be released from his liability for any the consequences ensuingarising from this. The Buyer may Purchaser shall only rectify be entitled to remedy the defects himself defect itself or commission a have it remedied by third party parties and to rectify demand reimbursement of the defects and demand that necessary expenses from the Supplier shall reimburse the costs accruing in urgent cases cases, where the operational safety is threatened at risk, or so as to prevent disproportionate avert disproportionately large damages; In such cases , whereby the Supplier must be notified immediately. 3.) With regard to the direct costs arising in connection with the repair or replacement . The Supplier shall - provided the complaint is legitimate proves to be justified - the Supplier will bear the costs expenses necessary for the purpose of the replacement part including shipping costs. The Supplier will additionally also bear the costs of removal of the defective part and installation of the new part together with the cost of providing the necessary service technician and assistants including travelling expensesremedy, as long insofar as this does not constitute an unreasonable burden on result in a disproportionate expense for the Supplier, and unless . Insofar as the costs do not increase because expenses are increased by the purchased fact that the Purchaser has taken the delivery item has been brought to a location place other than the place of performanceperformance after delivery, any additional costs incurred as a result shall be borne by the Purchaser. If a newly produced object is sold, the Supplier shall, within the scope of his statutory obligation, compensate for any costs incurred by the Purchaser in the course of pursuing his rights of recourse along the supply chain. 4.) The Buyer has . Within the framework of statutory provisions, the Purchaser shall have the right to withdraw from the contract in compliance with the legal regulations if when the Supplier - after due consideration of taking into account the special statutory exemptions exceptions - allows a reasonable period of grace given to him deadline for the rectification of material defects or replacement of the defective parts delivery to expire fruitlesslywithout result. If the defect there is merely a non-serious only an insignificant defect, the Buyer is Purchaser shall only be entitled to ▇▇▇▇▇ a reduction of the contract price. The right to ▇▇▇▇▇ a reduction of the contract price shall be excluded in all other casesis otherwise excluded. 5. All further claims Further entitlements are determined exclusively in accordance with clause 7.2 Section VII. 2 of these terms and conditions. 5.) 6. No warranty liability is given for assumed, in particular, in the following cases: unsuitable Unsuitable or improper use or storageuse, faulty assembly or commissioning by the Buyer Purchaser or a third party, disregard of danger warningsparties, natural wear and tear, faulty or careless handlingnegligent treatment, improper maintenance, the use of unsuitable equipmentoperating materials, faulty construction work, unsuitable foundationsbuilding ground, chemical, electrochemical or electrical factors influences - provided that unless the Supplier is not responsible for them. 6.) 7. If the Buyer Purchaser or a third party carries out incorrect improper repairs, the Supplier will shall not be liable for any consequences the resulting therefromconsequences. The same applies to any alterations changes made to the supplied article carried out delivery item without the prior approval consent of the Supplier. 7.) Claims for defects by 8. For assembly, repairs and other services, Clause V of the Buyer are subject to him having fulfilled the inspection General Terms and notification obligations properly in accordance with § 377 HGB (German Commercial Code)Conditions of Assembly shall apply instead of Clause 4. 8.) Guarantees referred to § 443 BGB require an explicit written agreement1. The same applies to availability commitments. All If the particulars provided by the Supplier on the item sold or service rendered in its catalogues, brochures and price lists are only descriptions, identification markings or reference values, as far as they are not explicitly designated as binding in the order confirmation. Defects of title 9.) If utilization use of the supplied article delivery item leads to a violation an infringement of industrial or intellectual property rights within or copyrights in Germany, the Supplier will obtain shall, generally speaking, procure the rights to allow right for further use for the Buyer to basically continue utilizing the supplied article Purchaser or the Supplier will modify the supplied article delivery item in an appropriate and a manner reasonable manner for the Purchaser such that it the infringement of the property right no longer violates the property rights; the costs of obtaining these rights or of modifying the article will be borne by the Supplierexists. If this is not possible under possible, for economically reasonable economic conditions terms or within a reasonable period of timeperiod, the Buyer is Purchaser shall be entitled to withdraw from the contract. Under these conditions the The Supplier shall also has the right be entitled to withdraw from the contractcontract under the aforementioned conditions. MoreoverIn addition, the Supplier will release shall indemnify the Buyer from all indisputable Purchaser against undisputed or legally established claims of the relevant property right owners. 2. Subject to Section VII.2, in the event of infringement of industrial property rights or copyrights, the obligations of the Supplier, as specified in Section VI.8, are final. They only exist when • the Purchaser immediately notifies the Supplier of asserted infringements of industrial property rights or copyrights, • the Purchaser supports the Supplier to an appropriate extent in the defence of the asserted claims or claims which have become final filed enables the Supplier to carry out the modification measures in accordance with Section VI.8, • all defensive measures, including out-of-court settlements, are reserved to the Supplier, • the defect of title is not based on an instruction of the Purchaser and • the infringement was not caused by the respective holder of Purchaser modifying the property rightsdelivery item on his own authority or using it in a manner not in accordance with the contract. 10.) The Supplier’s obligations as mentioned in clause VI.9 are subject to the provisions of clause

Claims for defects. (1) The Supplier basis for our liability for defects is liable for material defects and defects of title above all the agreement made about the condition of the supplied goods article. All the product descriptions that are the subject matter of the individual contract are deemed to be an agreement about the condition of the article; it makes no difference whether the product description originates from the Customer or from us. Insofar as the condition of the article was not agreed, there shall be an assessment of whether there is a defect or not in accordance with the statutory regulations (Section 434 Para. I Sections 2 and 3 BGB). (2) Claims by the Customer for defects presuppose that the Customer has properly complied with his obligations of examination and notification of defects in accordance with Sections 377, 381 of the Commercial Code (HGB). (3) Insofar as the article has a defect, we can initially choose whether we render supplementary performance by rectifying the defect (remediation) or by supplying an article which is free from defects (replacement delivery). Our right to refuse supplementary performance under the statutory requirements remains unaffected. (4) We are entitled to make the supplementary performance due from us dependent on the Customer paying the price that is due for payment. However the Customer is entitled to retain a portion of the price that is appropriate in relation to the exclusion of additional claims – subject to clause VII – as follows: Material defects 1.) All parts found to be defective due to circumstances occurring prior to the passing of risk must be repaired or replaced by parts free of defects. Such repairs and replacements are free of charge. The choice of carrying out repairs or of replacing defective parts is at the Supplier's discretion. The Supplier must be informed immediately in writing of any identified defects. Replaced parts become the property of the Supplierdefect. 2.(5) After notifying The Customer must give us the Supplier, the Buyer must allow the Supplier sufficient necessary time and opportunity for the supplementary performance that is due from us, in particular by handing over the article about which the complaint has been made for inspection purposes. In the case of replacement delivery, the Customer must hand the defective articles back to perform all repairs or replacements considered necessary by us in accordance with the Supplier, otherwise the Supplier shall be released from his liability for any consequences ensuing. The Buyer may only rectify the defects himself or commission a third party to rectify the defects and demand that the Supplier shall reimburse the costs accruing in urgent cases where the operational safety is threatened or to prevent disproportionate damages; In such cases the Supplier must be notified immediatelystatutory provisions. 3.(6) With regard to the direct costs arising in connection with the repair or replacement - provided the complaint is legitimate - the Supplier We will bear the costs expenses necessary for the purposes of inspection and supplementary performance, in particular the replacement part including shipping transport, road, labour and material costs, if there is actually a defect. The Supplier will additionally also bear If however a request by the costs of removal of the defective part and installation of the new part together with the cost of providing the necessary service technician and assistants including travelling expenses, as long as this does not constitute an unreasonable burden on the Supplier, and unless the costs do not increase because the purchased item has been brought to a location other than the place of performance. 4.) The Buyer has the right to withdraw from the contract in compliance with the legal regulations if the Supplier - after due consideration of the special statutory exemptions - allows a reasonable period of grace given to him Customer for the rectification or replacement of defects turns out to be unjustified, we can request reimbursement by the Customer of the defective parts to expire fruitlessly. If costs arising from this. (7) Claims by the defect is merely a non-serious defect, Customer for damages or the Buyer is reimbursement of expenses incurred in vain exist only entitled to ▇▇▇▇▇ the contract price. The right to ▇▇▇▇▇ the contract price shall be excluded in all other cases. All further claims are determined in accordance with clause 7.2 of these terms Point 9 and conditionsare otherwise excluded. 5(8) The limitation period for claims for defects is 12 months, calculated from the transfer of risk. If an acceptance has been agreed, the limitation period commences with such acceptance. (9) No warranty is given for The limitation period in respect of statutory special regulations in the following cases: unsuitable or improper use or storage, faulty assembly or commissioning event of fraud by the Buyer or a third party, disregard of danger warnings, natural wear seller (Section 438 Para. (3) BGB) and tear, faulty or careless handling, improper maintenance, for claims for recourse against the use of unsuitable equipment, faulty construction work, unsuitable foundations, chemical, electrochemical or electrical factors - provided that the Supplier is not responsible for them. 6.) If the Buyer or a third party carries out incorrect repairs, the Supplier will not be liable for any consequences resulting therefrom. The same applies to any alterations to the supplied article carried out without the prior approval of the Supplier. 7.) Claims for defects by the Buyer are subject to him having fulfilled the inspection and notification obligations properly in accordance with § 377 HGB (German Commercial Code). 8.) Guarantees referred to § 443 BGB require an explicit written agreement. The same applies to availability commitments. All the particulars provided by the Supplier on the item sold or service rendered in its catalogues, brochures and price lists are only descriptions, identification markings or reference values, as far as they are not explicitly designated as binding supplier in the order confirmation. Defects event of title 9.) If utilization of the supplied article leads delivery to a violation of industrial or intellectual property rights within Germany, the Supplier will obtain the rights to allow the Buyer to basically continue utilizing the supplied article or the Supplier will modify the supplied article in an appropriate and reasonable manner such that it no longer violates the property rights; the costs of obtaining these rights or of modifying the article will be borne by the Supplier. If this is not possible under reasonable economic conditions or within a reasonable period of time, the Buyer is entitled to withdraw from the contract. Under these conditions the Supplier also has the right to withdraw from the contract. Moreover, the Supplier will release the Buyer from all indisputable claims or claims which have become final filed by the respective holder of the property rightsconsumer (Section 479 BGB) remain unaffected. 10.) The Supplier’s obligations as mentioned in clause VI.9 are subject to the provisions of clause

Claims for defects. The Supplier is liable for In the event of material defects and or defects of title of in the supplied goods delivery, the supplier shall be liable, subject to the exclusion of additional claims – subject to clause VII – as follows: Material defectsfurther claims, with the exception of Section VII, for the following: 1.) . All parts must be remedied free of charge at the discretion of the supplier, or they must be replaced without defects, which are found to be defective due to circumstances as a result of a circumstance occurring prior to before the passing transfer of risk must be repaired or replaced by parts free of defects. Such repairs and replacements are free of chargerisk. The choice of carrying out repairs or of replacing defective parts is at the Supplier's discretion. The Supplier supplier must immediately be informed immediately notified in writing of any identified such defects. Replaced parts become the property of the Suppliersupplier. 2.) After notifying . For the Supplier, the Buyer must allow the Supplier sufficient time execution of all subsequent improvements and opportunity to perform all repairs or replacements considered replacement deliveries deemed necessary by the Suppliersupplier, otherwise the Supplier purchaser shall, after agreement with the supplier, give the supplier the necessary time and opportunity; otherwise, the supplier shall be released from his liability for any consequences ensuingthe resulting consequences. The Buyer may only rectify Only in urgent cases of endangering operational safety or to prevent disproportionate damage, whereby the defects himself or commission a third party supplier is immediately to be informed, the purchaser has the right to rectify the defects itself or by a third party and to demand that compensation from the Supplier shall reimburse supplier for the costs accruing in urgent cases where the operational safety is threatened or to prevent disproportionate damages; In such cases the Supplier must be notified immediatelynecessary expenses. 3.) With regard to the direct costs arising in connection with the repair or replacement - provided . The supplier shall bear, insofar as the complaint is legitimate - proves to be justified, all the Supplier will bear expenses required for the costs purpose of the replacement part including shipping costs. The Supplier will additionally also bear the costs of removal of the defective part and installation of the new part together with the cost of providing the necessary service technician and assistants including travelling expensessupplementary performance, as long insofar as this does not constitute an unreasonable cause a disproportionate burden on to the Supplier, and unless supplier. Insofar as the costs do not expenses increase because as a result of the fact that the purchaser has taken the purchased item has been brought to another location after delivery, the resulting additional costs shall be borne by the purchaser. The supplier shall also reimburse the expenses incurred by the purchaser in the context of claims for recourse in the supply chain in the sale of a location other than newly manufactured object within the place scope of performanceits legal obligation. 4.) . The Buyer has purchaser shall have the right to withdraw from the contract in compliance with within the scope of the statutory provisions if the supplier, taking the legal regulations if the Supplier - after due consideration of the special statutory exemptions - exceptions into account, allows a reasonable period of grace given to him time limit set for the rectification repair or replacement of the defective parts delivery to expire fruitlesslyelapse unsuccessfully. If the only a negligible defect is merely a non-serious defectpresent, the Buyer is purchaser shall only be entitled to ▇▇▇▇▇ a reduction in the contract price. The right to ▇▇▇▇▇ reduce the contract price shall be excluded in all other casesis otherwise excluded. 5. All further Further claims are determined in accordance with clause 7.2 governed exclusively by Section VII. 2 of these terms and conditions. 5.) 6. No warranty liability is given for assumed in particular in the following cases: unsuitable Unsuitable or improper use or storageuse, faulty incorrect assembly or commissioning by the Buyer purchaser or a third party, disregard of danger warningsparties, natural wear and tear, faulty or careless negligent handling, improper maintenance, the use of unsuitable operating equipment, faulty defective construction work, unsuitable foundationsfoundation, chemical, electrochemical or electrical factors influences - provided that insofar as they are not the Supplier is not responsible for themresponsibility of the supplier. 6.) 7. If the Buyer purchaser or a third party carries out incorrect repairsimproperly undertakes remedial action, no liability of the Supplier will not be liable supplier exists for any consequences the resulting therefromconsequences. The same applies shall apply to any alterations changes to the supplied article carried out delivery item made without the prior approval consent of the Supplier. 7.) Claims for defects by the Buyer are subject to him having fulfilled the inspection and notification obligations properly in accordance with § 377 HGB (German Commercial Code)supplier. 8.) Guarantees referred to § 443 BGB require an explicit written agreement. The same applies to availability commitments. All If the particulars provided by the Supplier on the item sold or service rendered in its catalogues, brochures and price lists are only descriptions, identification markings or reference values, as far as they are not explicitly designated as binding in the order confirmation. Defects of title 9.) If utilization use of the supplied article delivery item leads to a violation the infringement of industrial or intellectual property rights within Germanyor copyrights in national territory, the Supplier will obtain supplier shall, at its own expense, procure the rights purchaser the right to allow continue using the Buyer to basically continue utilizing the supplied article goods or the Supplier will modify the supplied article delivery item in an appropriate and a reasonable manner such for the purchaser so that it the infringement of rights no longer violates the property rights; the costs of obtaining these rights or of modifying the article will be borne by the Supplierexists. If this is not possible under economically reasonable economic conditions or and within a reasonable period of timeperiod, the Buyer purchaser is entitled to withdraw from the contract. Under these conditions the Supplier above conditions, the supplier is also has the right entitled to withdraw from the contract. MoreoverIn addition, the Supplier will supplier shall release the Buyer purchaser from all indisputable undisputed or legally established claims or claims which have become final filed by the respective holder of the property rightsright owner. 10.) 9. The Supplier’s obligations as mentioned of the supplier set forth in clause VI.9 are Section VI. 8 are, subject to Section VII.2, final for the provisions case of clausethe intellectual property or copyright infringement. They only exist if • the purchaser informs the supplier immediately of asserted protective or copyright infringements, • the purchaser assists the supplier adequately in defending the asserted claims or enables the supplier to carry out the modification measures according to Section VI. 8, • the supplier reserves the right to all defensive measures, including out of court settlements, • the defect of title is not based on an instruction of the purchaser and • the legal infringement was not caused by the purchaser having arbitrarily changed the delivery item or used it in a non-contractual manner.