Common use of Claims for defects Clause in Contracts

Claims for defects. 1. The risk of accidental loss is transferred to the customer with notification of the operational readiness by IPRO. 2. The defect rights of the customer require that the delivered products be checked immediately after delivery, where reasonable also with test use, and IPRO be immediately informed of open defects in writing, no later than two weeks after delivery of the products. IPRO must be notified in writing of any hidden defects immediately after their discovery. The customer must describe the defect in writing in their notification to IPRO. The claims for defects of the customer also require that, in installation, commissioning, operation and maintenance of the products the instructions, notes, directives and conditions are upheld in the technical notes and operating instructions and other documents of the products. 3. In the event of defects of the products, IPRO is entitled to rectification by elimination of the defect or delivery of a defect-free product at its own discretion. In the event of rectification, IPRO is obligated to bear all costs required for the purpose of rectification, particularly transportation, road, working and material costs, provided that these are not increased by the products being moved to a site other than the delivery address. Personnel and material costs that the customer claims in this context are to be calculated on a cost price basis. Replaced parts become the property of IPRO and are to be returned to IPRO. 4. If IPRO is not ready or in a position for rectification, the customer can choose to withdraw from the contract or reduce the delivery price without affecting any claims for compensation for damage or use. The same applies if the rectification fails, is unreasonable to the customer or is delayed beyond appropriate deadlines for reasons that IPRO has given. 5. If programmes are used on computers that were not purchased by IPRO, the guarantee does not cover such errors that are a result of the missing compatibility to the hardware recommended by IPRO. 6. If in an attempted improvement it transpires that there is an operation or compatibility error, IPRO can demand remuneration according to its usual rates for the amount of work provided, including travel and incidental costs. 7. The liability for defects does not comprise the guarantee for use or its success. Otherwise, this provision conclusively provides for the responsibility for defects rights. 8. The limitation period for the claims for defects of the customer is one year. If the defective products have been used for their normal use for a structure and caused their defectiveness or it is a question of a defect in a structure, then the limitation period is five years. It is also valid for claims from unauthorised use that is based on a defect of the products. The limitation period begins with the notification of the readiness for operation by IPRO or with the delivery of the products if no commissioning by IPRO is agreed upon. The reduction of limitation is not valid for the unlimited liability of IPRO for damages from the violation of a guarantee or from damage to life, body or health, for malice or gross negligence and for product errors or if IPRO has accepted a procurement risk. A statement by XXXX on a claim for defects made by the customer is not to be viewed as an entry into negotiations regarding the claim or the circumstances on which the claim is based, if the claim for defects is fully rejected by XXXX.

Claims for defects. The Supplier is liable for material defects and title defects to the exclusion of further claims, subject to Section VII., as follows: 1. The risk All parts proving to be defective as a result of accidental loss is transferred circum- stances occurring prior to the customer with notification transfer of risk shall be repaired or replaced defect-free at the Supplier's discre- tion. The discovery of such defects must be reported to the Supplier in writing without delay. Parts replaced shall become the property of the operational readiness by IPROSupplier. 2. The defect rights of Upon agreement with the customer require that Supplier, the delivered products Orderer shall provide the Supplier the time and opportunity deemed necessary by the Supplier to perform all repairs and replacement deliveries; otherwise the Supplier shall be checked immediately after deliveryexempted from liability for the resulting consequences. Only in urgent cases where operational safety is in danger or disproportionate damage has to be avoided, where reasonable also with test use, and IPRO be immediately informed of open defects in writing, no later than two weeks after delivery of which cases the products. IPRO must Supplier is to be notified in writing of any hidden defects immediately after their discovery. The customer must describe immediately, the Orderer shall be entitled to remove the defect in writing in their notification to IPRO. The claims itself or have the defect removed by a third party and claim compensation for defects of the customer also require that, in installation, commissioning, operation and maintenance of incurred expense from the products the instructions, notes, directives and conditions are upheld in the technical notes and operating instructions and other documents of the productsSup- plier. 3. In The Supplier shall assume the event of defects of direct costs arising from repair work or replacement deliveries, including the products, IPRO is entitled shipping costs insofar as the complaint proves to rectification by elimination of be justified and if this does not result in a disproportionate burden on the defect or Supplier. If the expenses increase due to the fact that the Orderer has taken the delivery of a defect-free product at its own discretion. In the event of rectification, IPRO is obligated to bear all costs required for the purpose of rectification, particularly transportation, road, working and material costs, provided that these are not increased by the products being moved item to a site place other than the delivery addressplace of performance after delivery, any additional costs incurred shall be borne by the Orderer. Personnel and material costs that When selling a newly manufactured item, the customer Supplier shall also reimburse the expenses incurred by the Orderer in the context of recourse claims in this context are the supply chain to be calculated on a cost price basis. Replaced parts become the property extent of IPRO and are to be returned to IPROits legal obligation. 4. If IPRO is not ready or in a position for rectificationWithin the framework of the statutory provisions, the customer can choose Orderer shall have the right to withdraw from revoke the contract if the Supplier lets expire without result a reasonable period of time set for it to remedy the defect or make a replace- ment delivery due to a material defect, taking into account the statutory exceptions. If there is only an insignificant defect, the Orderer is only entitled to a reduction of the contract price. The right to reduce the delivery contract price without affecting any is otherwise excluded. Further claims for compensation for damage or useshall be determined exclusively in accor- dance with Section VII.2. The same applies if the rectification fails, is unreasonable to the customer or is delayed beyond appropriate deadlines for reasons that IPRO has givenof these terms and conditions. 5. If programmes No liability shall be assumed in the following cases: Inappropriate or improper use, incorrect assembly or commissioning by the Orderer or a third party, normal wear and tear, incorrect or negligent handling, incorrect maintenance, unsuitable operating resources, defective construction work, unsuitable foundations, chemical, electrochemical or electrical influences insofar as these are used on computers that were not purchased by IPRO, the guarantee does not cover such errors that are a result responsibility of the missing compatibility to the hardware recommended by IPROSupplier. 6. If in an attempted improvement it transpires that there the Orderer or a third party carries out improper repairs, the Supplier is an operation or compatibility error, IPRO can demand remuneration according to its usual rates not liable for the amount consequences. The same shall apply to modifications to the delivery item carried out without the prior consent of work provided, including travel and incidental coststhe Supplier. 7. If the use of the delivery item leads to an infringement of industrial property rights or copyrights in Germany and if the Supplier is exclusively responsible for this, the Supplier shall, at its own expense, generally procure the right of further use to the Orderer or modify the delivery item in a manner acceptable to the Orderer in such a way that the infringement of property rights no longer exists. If this is not possible under economically reasonable conditions or within a reasonable period of time, the Orderer shall be entitled to revoke the contract. The liability for defects does not comprise Supplier shall also be entitled to revoke the guarantee for use contract under the aforementioned conditions. In addition, the Supplier shall indemnify the Orderer against undisputed or its success. Otherwise, this provision conclusively provides for legally established claims of the responsibility for defects respective owners of the property rights. 8. The limitation period Supplier's obligations stipulated in Section VI.7 are conclusive in the event of an infringement of property rights or copyrights, to Section VII.2. They shall apply only if • the Orderer notifies the Supplier without delay of any 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 claims for defects Supplier, • the title defect is not based on an instruction of the customer is one year. If Orderer and • the defective products have been infringement of rights was not caused by the fact that the Orderer has arbitrarily changed the delivery item or used for their normal use for a structure and caused their defectiveness or it is a question of a defect in a structure, then the limitation period is five years. It is also valid for claims from unauthorised use that is based on a defect of the products. The limitation period begins manner not in accordance with the notification of the readiness for operation by IPRO or with the delivery of the products if no commissioning by IPRO is agreed upon. The reduction of limitation is not valid for the unlimited liability of IPRO for damages from the violation of a guarantee or from damage to life, body or health, for malice or gross negligence and for product errors or if IPRO has accepted a procurement risk. A statement by XXXX on a claim for defects made by the customer is not to be viewed as an entry into negotiations regarding the claim or the circumstances on which the claim is based, if the claim for defects is fully rejected by XXXXcontract.

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 risk choice of accidental loss carrying out repairs or of replacing defective parts is transferred to at the customer with notification of the operational readiness by IPRO. 2Supplier's discretion. The defect rights of the customer require that the delivered products be checked immediately after delivery, where reasonable also with test use, and IPRO be immediately informed of open defects in writing, no later than two weeks after delivery of the products. IPRO Supplier must be notified informed immediately in writing of any hidden defects immediately after their discovery. The customer must describe the defect in writing in their notification to IPRO. The claims for defects of the customer also require that, in installation, commissioning, operation and maintenance of the products the instructions, notes, directives and conditions are upheld in the technical notes and operating instructions and other documents of the products. 3. In the event of defects of the products, IPRO is entitled to rectification by elimination of the defect or delivery of a defect-free product at its own discretion. In the event of rectification, IPRO is obligated to bear all costs required for the purpose of rectification, particularly transportation, road, working and material costs, provided that these are not increased by the products being moved to a site other than the delivery address. Personnel and material costs that the customer claims in this context are to be calculated on a cost price basisidentified defects. Replaced parts become the property of IPRO the Supplier. 2.) After notifying the Supplier, the Buyer must allow the Supplier sufficient time and are opportunity to perform all repairs or replacements considered necessary by the Supplier, otherwise the Supplier shall be returned released from his liability for any consequences ensuing. The Buyer may only rectify the defects himself or commission a third party to IPROrectify 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. If IPRO is not ready or in a position for rectification, .) The Buyer has the customer can choose 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 reduce replacement of the delivery defective parts to expire fruitlessly. If the defect is merely a non-serious defect, the Buyer is only entitled to xxxxx the contract price. The right to xxxxx the contract price without affecting 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 claims for compensation for damage or useconsequences resulting therefrom. The same applies if the rectification fails, is unreasonable to any alterations to the customer or is delayed beyond appropriate deadlines for reasons that IPRO has given. 5. If programmes are used on computers that were not purchased by IPRO, supplied article carried out without the guarantee does not cover such errors that are a result prior approval of the missing compatibility to the hardware recommended by IPRO. 6. If in an attempted improvement it transpires that there is an operation or compatibility error, IPRO can demand remuneration according to its usual rates for the amount of work provided, including travel and incidental costsSupplier. 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 liability for defects does 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 comprise explicitly designated as binding in the guarantee for use order confirmation. Defects of title 9.) If utilization of the supplied article leads to a violation of industrial or its successintellectual 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. OtherwiseIf this is not possible under reasonable economic conditions or within a reasonable period of time, this provision conclusively provides for the responsibility for defects 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. 8. 10.) The limitation period for Supplier’s obligations as mentioned in clause VI.9 are subject to the claims for defects provisions of the customer is one year. If the defective products have been used for their normal use for a structure and caused their defectiveness or it is a question of a defect in a structure, then the limitation period is five years. It is also valid for claims from unauthorised use that is based on a defect of the products. The limitation period begins with the notification of the readiness for operation by IPRO or with the delivery of the products if no commissioning by IPRO is agreed upon. The reduction of limitation is not valid for the unlimited liability of IPRO for damages from the violation of a guarantee or from damage to life, body or health, for malice or gross negligence and for product errors or if IPRO has accepted a procurement risk. A statement by XXXX on a claim for defects made by the customer is not to be viewed as an entry into negotiations regarding the claim or the circumstances on which the claim is based, if the claim for defects is fully rejected by XXXX.clause

Claims for defects. The supplier shall be held liable for material defects and defects of title on the delivery as follows (to the exclusion of further claims) – subject to Section VII: 1. The risk of accidental loss is transferred to Defective goods may be either repaired or replaced with defect-free goods, at the customer with notification discretion of the operational readiness by IPROsupplier. The replaced parts become the property of the supplier. 2. The defect rights of purchaser must allow the customer require that time and opportunity for the delivered products be checked immediately after deliverysupply to carry out all repairs and replacement deliveries which the latter shall deem necessary; otherwise the supplier is exempted from liability for the consequences. Only in urgent cases, where reasonable also with test useoperational safety is endangered or to avert disproportionate further damage, and IPRO in which case the supplier is to be immediately informed of open defects in writingimmediately, no later than two weeks after delivery of does the products. IPRO must be notified in writing of any hidden defects immediately after their discovery. The customer must describe purchaser have the right to rectify the defect in writing in their notification themselves or to IPRO. The claims have it rectified by a third party and to demand payment from the supplier for defects of the customer also require that, in installation, commissioning, operation and maintenance of the products the instructions, notes, directives and conditions are upheld in the technical notes and operating instructions and other documents of the productsnecessary expenses. 3. In Where the event of defects of complaint proves to be founded, the products, IPRO is entitled to rectification by elimination of supplier shall bear the defect immediate costs for repairs or delivery of a defect-free product at its own discretionreplacement, including delivery costs. In They shall also bear the event of rectificationcosts for removal and installation, IPRO is obligated to bear all as well as the costs for providing any required for the purpose of rectificationfitters and support staff, particularly transportation, road, working and material costsincluding travel, provided that these are this does not increased result in any disproportionate burden on the supplier. 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 products being moved to a site other than purchaser, since the delivery address. Personnel and material costs that prices of the customer claims in this context supplier are to be calculated on a cost price basis. Replaced parts become the property basis of IPRO and are to be returned to IPROdomestic business. 4. If IPRO is not ready or in The purchaser has a position for rectification, the customer can choose statutory right to withdraw from the contract contract, if the supplier is given a reasonable period for the repairs or reduce delivery of a replacement, due to a material defect – taking account of statutory exceptions – and allows it to elapse without result. If the delivery price without affecting defect is not significant, the purchaser shall only be entitled to a reduction in the contractually-agreed price. Except for these circumstances, there is no entitlement to a reduction in the contractually-agreed price. 5. Other claims are determined exclusively according to Section VII.2 of these conditions. 6. The supplier particularly excludes liability in the following cases: 7. If repairs are carried out improperly, either by the purchaser or a third party, the supplier shall not be held liable for any claims for compensation for damage or useconsequences. The same applies if to modifications undertaken on the rectification fails, is unreasonable to delivery item without prior approval from the customer or is delayed beyond appropriate deadlines for reasons that IPRO has given. 5supplier. If programmes are used on computers that were not purchased by IPRO, the guarantee does not cover such errors that are a result Defects of the missing compatibility to the hardware recommended by IPRO. 6. If in an attempted improvement it transpires that there is an operation or compatibility error, IPRO can demand remuneration according to its usual rates for the amount of work provided, including travel and incidental costs. 7. The liability for defects does not comprise the guarantee for use or its success. Otherwise, this provision conclusively provides for the responsibility for defects rights.title 8. The limitation period for If the claims for defects use of the customer delivery item leads to the infringement of industrial property rights or copyrights within Germany the supplier will generally grant to the purchaser the right to continued use or modify the delivery item in such a way as is one yearreasonable to the purchaser, so as to avoid property right infringement. If this is not possible under economically reasonable conditions or in a reasonable period of time, the defective products purchaser is entitled to withdraw from the contract. The stated preconditions also give the supplier entitlement to withdraw from the contract. Moreover, the supplier shall indemnify the purchaser against any claims of the respective holder of property rights which are uncontested or have been used for their normal use for established by law. 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) of infringements of - industrial property rights or copyright - the purchaser assists the supplier to a structure and reasonable extend in 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 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 their defectiveness by the purchaser making unauthorised changes to the delivery item or - using it is a question of a defect in a structure, then manner not intended under the limitation period is five years. It is also valid for claims from unauthorised use that is based on a defect of the products. The limitation period begins with the notification of the readiness for operation by IPRO or with the delivery of the products if no commissioning by IPRO is agreed upon. The reduction of limitation is not valid for the unlimited liability of IPRO for damages from the violation of a guarantee or from damage to life, body or health, for malice or gross negligence and for product errors or if IPRO has accepted a procurement risk. A statement by XXXX on a claim for defects made by the customer is not to be viewed as an entry into negotiations regarding the claim or the circumstances on which the claim is based, if the claim for defects is fully rejected by XXXXcontract.

Claims for defects. (1) The basis for our liability for defects is above all the agreement made about the condition of the article. The risk All the product descriptions that are the subject matter of accidental loss 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 transferred 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 customer with notification of the operational readiness by IPROdefect. 2. (5) The defect rights of Customer must give us the customer require necessary time and opportunity for the supplementary performance that the delivered products be checked immediately after delivery, where reasonable also with test use, and IPRO be immediately informed of open defects in writing, no later than two weeks after delivery of the products. IPRO must be notified in writing of any hidden defects immediately after their discovery. The customer must describe the defect in writing in their notification to IPRO. The claims for defects of the customer also require thatis due from us, in installation, commissioning, operation and maintenance of particular by handing over the products article about which the instructions, notes, directives and conditions are upheld in the technical notes and operating instructions and other documents of the products. 3complaint has been made for inspection purposes. In the event case of defects of replacement delivery, the products, IPRO is entitled Customer must hand the defective articles back to rectification by elimination of us in accordance with the defect or delivery of a defect-free product at its own discretion. In statutory provisions. (6) We will bear the event of rectification, IPRO is obligated to bear all costs required expenses necessary for the purpose purposes of rectificationinspection and supplementary performance, particularly transportationin particular the transport, road, working labour and material costs, provided that these are not increased if there is actually a defect. If however a request by the products being moved to a site other than Customer for the delivery address. Personnel and material costs that the customer claims in this context are rectification of defects turns out to be calculated on a cost price basis. Replaced parts become unjustified, we can request reimbursement by the property Customer of IPRO the costs arising from this. (7) Claims by the Customer for damages or the reimbursement of expenses incurred in vain exist only in accordance with Point 9 and are to be returned to IPROotherwise excluded. 4. If IPRO is not ready or in a position for rectification, the customer can choose to withdraw from the contract or reduce the delivery price without affecting any claims for compensation for damage or use. The same applies if the rectification fails, is unreasonable to the customer or is delayed beyond appropriate deadlines for reasons that IPRO has given. 5. If programmes are used on computers that were not purchased by IPRO, the guarantee does not cover such errors that are a result of the missing compatibility to the hardware recommended by IPRO. 6. If in an attempted improvement it transpires that there is an operation or compatibility error, IPRO can demand remuneration according to its usual rates for the amount of work provided, including travel and incidental costs. 7. The liability for defects does not comprise the guarantee for use or its success. Otherwise, this provision conclusively provides for the responsibility for defects rights. 8. (8) The limitation period for the claims for defects is 12 months, calculated from the transfer of the customer is one yearrisk. If the defective products have an acceptance has been used for their normal use for a structure and caused their defectiveness or it is a question of a defect in a structureagreed, then the limitation period is five years. It is also valid for claims from unauthorised use that is based on a defect of the products. commences with such acceptance. (9) The limitation period begins with in respect of statutory special regulations in the notification event of fraud by the readiness for operation by IPRO or with the delivery of the products if no commissioning by IPRO is agreed uponseller (Section 438 Para. The reduction of limitation is not valid for the unlimited liability of IPRO for damages from the violation of a guarantee or from damage to life, body or health, for malice or gross negligence (3) BGB) and for product errors or if IPRO has accepted claims for recourse against the supplier in the event of delivery to a procurement risk. A statement by XXXX on a claim for defects made by the customer is not to be viewed as an entry into negotiations regarding the claim or the circumstances on which the claim is based, if the claim for defects is fully rejected by XXXXconsumer (Section 479 BGB) remain unaffected.

Claims for defects. In the event of material defects or defects of title in the delivery, the supplier shall be liable, subject to the exclusion of further claims, with the exception of Section VII, for the following: 1. The risk All parts must be remedied free of accidental loss is transferred to charge at the customer with notification discretion of the operational readiness by IPRO. 2supplier, or they must be replaced without defects, which are found to be defective as a result of a circumstance occurring before the transfer of risk. The defect rights of the customer require that the delivered products be checked supplier must immediately after delivery, where reasonable also with test use, and IPRO be immediately informed of open defects in writing, no later than two weeks after delivery of the products. IPRO must be notified in writing of any hidden defects immediately after their discovery. The customer must describe the defect in writing in their notification to IPRO. The claims for defects of the customer also require that, in installation, commissioning, operation and maintenance of the products the instructions, notes, directives and conditions are upheld in the technical notes and operating instructions and other documents of the products. 3. In the event of defects of the products, IPRO is entitled to rectification by elimination of the defect or delivery of a defect-free product at its own discretion. In the event of rectification, IPRO is obligated to bear all costs required for the purpose of rectification, particularly transportation, road, working and material costs, provided that these are not increased by the products being moved to a site other than the delivery address. Personnel and material costs that the customer claims in this context are to be calculated on a cost price basissuch defects. Replaced parts become the property of IPRO the supplier. 2. For the execution of all subsequent improvements and are replacement deliveries deemed necessary by the supplier, the purchaser shall, after agreement with the supplier, give the supplier the necessary time and opportunity; otherwise, the supplier shall be released from liability for the resulting consequences. Only in urgent cases of endangering operational safety or to prevent disproportionate damage, whereby the supplier is immediately to be returned informed, the purchaser has the right to IPROrectify the defects itself or by a third party and to demand compensation from the supplier for the necessary expenses. 3. The supplier shall bear, insofar as the complaint proves to be justified, all the expenses required for the purpose of supplementary performance, insofar as this does not cause a disproportionate burden to the supplier. Insofar as the expenses increase as a result of the fact that the purchaser has taken the purchased item 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 newly manufactured object within the scope of its legal obligation. 4. If IPRO is not ready or in a position for rectification, The purchaser shall have the customer can choose right to withdraw from the contract within the scope of the statutory provisions if the supplier, taking the legal exceptions into account, allows a reasonable time limit set for the repair or replacement delivery to elapse unsuccessfully. If only a negligible defect is present, the purchaser shall only be entitled to a reduction in the contract price. The right to reduce the delivery contract price without affecting any claims for compensation for damage or use. The same applies if the rectification fails, is unreasonable to the customer or is delayed beyond appropriate deadlines for reasons that IPRO has givenotherwise excluded. 5. If programmes Further claims are used on computers that were not purchased governed exclusively by IPRO, the guarantee does not cover such errors that are a result Section VII. 2 of the missing compatibility to the hardware recommended by IPROthese terms and conditions. 6. If No liability is assumed in an attempted improvement it transpires that there is an operation particular in the following cases: Unsuitable or compatibility errorimproper use, IPRO can demand remuneration according to its usual rates for incorrect assembly or commissioning by the amount purchaser or third parties, natural wear and tear, faulty or negligent handling, improper maintenance, unsuitable operating equipment, defective construction work, unsuitable foundation, chemical, electrochemical or electrical influences - insofar as they are not the responsibility of work provided, including travel and incidental coststhe supplier. 7. The If the purchaser or a third party improperly undertakes remedial action, no liability for defects does not comprise of the guarantee for use or its success. Otherwise, this provision conclusively provides supplier exists for the responsibility for defects rightsresulting consequences. The same shall apply to any changes to the delivery item made without the prior consent of the supplier. 8. The limitation period If the use of the delivery item leads to the infringement of industrial property rights or copyrights in national territory, the supplier shall, at its own expense, procure the purchaser the right to continue using the goods or modify the delivery item in a reasonable manner for the purchaser so that the infringement of rights no longer exists. If this is not possible under economically reasonable conditions and within a reasonable period, the purchaser is entitled to withdraw from the contract. Under the above conditions, the supplier is also entitled to withdraw from the contract. In addition, the supplier shall release the purchaser from undisputed or legally established claims for defects of the customer property right owner. 9. The obligations of the supplier set forth in Section VI. 8 are, subject to Section VII.2, final for the case of the 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 one year. If not based on an instruction of the defective products have been purchaser and • the legal infringement was not caused by the purchaser having arbitrarily changed the delivery item or used for their normal use for a structure and caused their defectiveness or it is a question of a defect in a structure, then the limitation period is five years. It is also valid for claims from unauthorised use that is based on a defect of the products. The limitation period begins with the notification of the readiness for operation by IPRO or with the delivery of the products if no commissioning by IPRO is agreed upon. The reduction of limitation is not valid for the unlimited liability of IPRO for damages from the violation of a guarantee or from damage to life, body or health, for malice or gross negligence and for product errors or if IPRO has accepted a procurement risk. A statement by XXXX on a claim for defects made by the customer is not to be viewed as an entry into negotiations regarding the claim or the circumstances on which the claim is based, if the claim for defects is fully rejected by XXXXnon-contractual manner.

Claims for defects. The Supplier shall be liable for defects of quality and title of the delivery to the exclusion of further claims - subject to Section VII - as follows: 1. The risk All those parts which prove to be defective as a result of accidental loss is transferred a circumstance prior to the customer with notification transfer of risk shall be repaired or replaced free of defects at the discretion of the operational readiness by IPRO. 2Supplier. The defect rights of the customer require that the delivered products be checked Supplier must immediately after delivery, where reasonable also with test use, and IPRO be immediately informed of open defects in writing, no later than two weeks after delivery of the products. IPRO must be notified in writing of any hidden defects immediately after their discovery. The customer must describe the defect in writing in their notification to IPRO. The claims for defects of the customer also require that, in installation, commissioning, operation and maintenance of the products the instructions, notes, directives and conditions are upheld in the technical notes and operating instructions and other documents of the products. 3. In the event of defects of the products, IPRO is entitled to rectification by elimination of the defect or delivery of a defect-free product at its own discretion. In the event of rectification, IPRO is obligated to bear all costs required for the purpose of rectification, particularly transportation, road, working and material costs, provided that these are not increased by the products being moved to a site other than the delivery address. Personnel and material costs that the customer claims in this context are to be calculated on a cost price basissuch defects. Replaced parts become the property of IPRO the Supplier. 2. After consultation with the Supplier, the Purchaser shall give the Supplier the necessary time and are opportunity to carry out all subsequent improvements and replacement deliveries which the Supplier deems necessary; otherwise the Supplier shall be released from liability for the consequences arising from this. The Purchaser shall only be entitled to remedy the defect itself or have it remedied by third parties and to demand reimbursement of the necessary expenses from the Supplier in urgent cases, where operational safety is at risk, or so as to avert disproportionately large damages, whereby the Supplier must be notified immediately. 3. The Supplier shall - provided the complaint proves to be returned justified - bear the expenses necessary for the purpose of remedy, insofar as this does not result in a disproportionate expense for the Supplier. Insofar as the expenses are increased by the fact that the Purchaser has taken the delivery item to IPROa place other than the place of performance 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. If IPRO is not ready or in a position for rectificationWithin the framework of statutory provisions, the customer can choose Purchaser shall have the right to withdraw from the contract when the Supplier - taking into account the statutory exceptions - allows a reasonable deadline for the rectification of material defects or reduce replacement delivery to expire without result. If there is only an insignificant defect, the delivery Purchaser shall only be entitled to a reduction of the contract price. The right to a reduction of the contract price without affecting any claims is otherwise excluded. 5. Further entitlements are determined exclusively in accordance with Section VII. 2 of these conditions. 6. No liability is assumed, in particular, in the following cases: Unsuitable or improper use, faulty assembly or commissioning by the Purchaser or third parties, natural wear and tear, faulty or negligent treatment, improper maintenance, unsuitable operating materials, faulty construction work, unsuitable building ground, chemical, electrochemical or electrical influences - unless the Supplier is responsible for compensation them. 7. If the Purchaser or a third party carries out improper repairs, the Supplier shall not be liable for damage or usethe resulting consequences. The same applies if the rectification fails, is unreasonable to changes made to the customer or is delayed beyond appropriate deadlines for reasons that IPRO has given. 5. If programmes are used on computers that were not purchased by IPRO, delivery item without the guarantee does not cover such errors that are a result prior consent of the missing compatibility to the hardware recommended by IPRO. 6. If in an attempted improvement it transpires that there is an operation or compatibility error, IPRO can demand remuneration according to its usual rates for the amount of work provided, including travel and incidental costs. 7. The liability for defects does not comprise the guarantee for use or its success. Otherwise, this provision conclusively provides for the responsibility for defects rightsSupplier. 8. The limitation period for the claims for defects For assembly, repairs and other services, Clause V of the customer is one yearGeneral Terms and Conditions of Assembly shall apply instead of Clause 4. 1. If the defective products have been used use of the delivery item leads to an infringement of industrial property rights or copyrights in Germany, the Supplier shall, generally speaking, procure the right for their normal further use for a structure and caused their defectiveness the Purchaser or it is a question of a defect modify the delivery item in a structuremanner reasonable for the Purchaser such that the infringement of the property right no longer exists. If this is not possible, then for economically reasonable terms or within a reasonable period, the limitation period Purchaser shall be entitled to withdraw from the contract. The Supplier shall also be entitled to withdraw from the contract under the aforementioned conditions. In addition, the Supplier shall indemnify the 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 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 five years. It is also valid for claims from unauthorised use that is not based on a defect an instruction of the products. The limitation period begins Purchaser and • the infringement was not caused by the Purchaser modifying the delivery item on his own authority or using it in a manner not in accordance with the notification of the readiness for operation by IPRO or with the delivery of the products if no commissioning by IPRO is agreed upon. The reduction of limitation is not valid for the unlimited liability of IPRO for damages from the violation of a guarantee or from damage to life, body or health, for malice or gross negligence and for product errors or if IPRO has accepted a procurement risk. A statement by XXXX on a claim for defects made by the customer is not to be viewed as an entry into negotiations regarding the claim or the circumstances on which the claim is based, if the claim for defects is fully rejected by XXXXcontract.

Claims for defects. For material defects and defects of title, the Supplier provides the following guarantees, with the exclusion of further claims (subject to section VII): 1. The risk of accidental loss is transferred All such parts which prove defective due to circumstances prior to the customer passage of risk shall at the Supplier’s discretion be repaired or replaced with notification faultless parts, free of charge. The Supplier must be promptly notified in writing, if any such defects are ascertained. Replaced parts pass into the ownership of the operational readiness by IPROSupplier. 2. The defect rights Upon consultation of the customer require that Supplier, the delivered products be checked immediately after deliveryClient must grant the Supplier the time and opportunity for all such repair work and supplementary performance as the Supplier deems necessary; otherwise, where reasonable also with test use, and IPRO be immediately informed the Supplier is relieved from liability for the ensuing consequences. Only in urgent cases of open defects imminent danger to operational safety or in writing, no later than two weeks after delivery of order to prevent incommensurate damage is the products. IPRO must be notified in writing of any hidden defects immediately after their discovery. The customer must describe Client entitled to remove the defect by itself or commission a third party with its removal and to demand compensation of its costs from the Supplier; in writing in their notification to IPRO. The claims for defects of such cases, the customer also require that, in installation, commissioning, operation and maintenance of Client must promptly notify the products the instructions, notes, directives and conditions are upheld in the technical notes and operating instructions and other documents of the productsSupplier. 3. In Of the event of defects immediate costs incurred as a consequence of the productsrepair work or the supplementary performance, IPRO the Supplier bears the costs for the replaced parts and the costs of shipment, provided that the complaint proves justified. Further, the Supplier shall bear the cost of disassembly and installation and the costs for commissioning the necessary fitters and unskilled assistances including travel expenses, unless such compensation of costs would bring about an incommensurate burden for the Supplier. 4. Within the statutory limits, the Client may withdraw from the contract, if the Supplier fails to perform within a commensurate respite which it was granted for repair or supplementary performance, subject to statutory exemptions. If the defect is of an immaterial nature, then the Client is merely entitled to rectification by elimination a discount. For the rest, any claims for a reduction of the defect contractual price are hereby excluded. Further claims are governed by section VII.2 hereof. 5. No guarantee is provided, in particular, in the following cases: Improper or delivery of a defectunqualified usage; faulty assembly or commission by the Client or by third parties; natural wear and tear; faulty or negligent treatment; improper maintenance; unsuitable fuels; defective construction work; unsuitable substrate; chemical, electro-free product at its own discretionchemical, or electrical influences unless the Supplier is responsible for them. 6. In the event of rectificationthat the Client or a third party perform improper repair work, IPRO the Supplier is obligated to bear all costs required not liable for the purpose of rectification, particularly transportation, road, working and material costs, provided that these are not increased by the products being moved to a site other than the delivery address. Personnel and material costs that the customer claims in this context are to be calculated on a cost price basis. Replaced parts become the property of IPRO and are to be returned to IPRO. 4. If IPRO is not ready or in a position for rectification, the customer can choose to withdraw from the contract or reduce the delivery price without affecting any claims for compensation for damage or useensuing consequences. The same applies if the rectification fails, is unreasonable to the customer or is delayed beyond appropriate deadlines for reasons that IPRO has given. 5. If programmes are used on computers that were not purchased by IPRO, the guarantee does not cover such errors that are a result modifications of the missing compatibility to subject of delivery without the hardware recommended by IPROSupplier’s prior consent. 6. If in an attempted improvement it transpires that there is an operation or compatibility error, IPRO can demand remuneration according to its usual rates for the amount of work provided, including travel and incidental costs. 7. The liability for defects does not comprise the guarantee for use or its success. Otherwise, this provision conclusively provides for the responsibility for defects rights. 8. The limitation period for the claims for defects of the customer is one year. If the defective products have been used for their normal use for a structure and caused their defectiveness or it is a question of a defect in a structure, then the limitation period is five years. It is also valid for claims from unauthorised use that is based on a defect of the products. The limitation period begins with the notification of the readiness for operation by IPRO or with the delivery of the products if no commissioning by IPRO is agreed upon. The reduction of limitation is not valid for the unlimited liability of IPRO for damages from the violation of a guarantee or from damage to life, body or health, for malice or gross negligence and for product errors or if IPRO has accepted a procurement risk. A statement by XXXX on a claim for defects made by the customer is not to be viewed as an entry into negotiations regarding the claim or the circumstances on which the claim is based, if the claim for defects is fully rejected by XXXX.

Claims for defects. (1) In the event that any services performed or goods delivered by Seller are defective, Seller – at its sole discretion – shall have the right to either supply replacement goods or repair the defect. The risk Multiple corrections – typically two – shall be permissible within a reasonable period of accidental loss is transferred time. (2) Xxxxx’s right to assert claims due to defect shall be subject to a statute of limitations commencing – on a case by case basis – at the customer with notification time of the operational readiness passing of risk and expiring after twelve (12) months, unless a longer period is compulsory by IPROlaw. 2. The defect rights (3) Buyer shall only be able to assert claims for obvious defects of the customer require factory products or services after acceptance provided that the delivered products be checked immediately after deliveryBuyer communicates such defects to Seller without delay, where reasonable also with test use, and IPRO be immediately informed of open defects in writing, but no later than within two weeks after delivery following delivery. Furthermore, the provisions of Section 640, Paragraph 2, BGB, shall apply. In any other cases – e.g. in the products. IPRO must be notified event of hidden defects – Buyer shall inform Seller in writing of any hidden defects immediately without delay after their discovery. The customer must describe the defect in writing in their notification detection to IPRO. The preserve Buyer’s right to assert claims for defects (Notification Obligation according to Section 377, HGB – German Commercial Code). Buyer shall retain the defective items in the condition existing at the time of detecting the defects and make them available for Seller’s inspection. (4) Immaterial, reasonable deviations from dimensions and workmanship – particularly in the case of re-orders – shall not entitle Buyer to raise complaints unless the parties have agreed on absolute conformance. Technical improvements as well as any technical changes which may be required shall also be deemed to conform to the contract to the extent that they are reasonable and do not constitute any impairment of the customer also require that, in installation, commissioning, operation and maintenance of the products the instructions, notes, directives and conditions are upheld in the technical notes and operating instructions and other documents of the productsproduct’s fitness for use. 3. (5) In the event of defects that Buyer fails to comply with Seller’s operating, usage or maintenance instructions, performs alterations to the product, exchanges parts or uses consumables which do not correspond to the original specifications, Buyer shall not be entitled to any warranty if Buyer is unable to disprove Seller’s substantiated claim that only one of the productsafore-stated circumstances, IPRO is entitled acts or omissions has caused the defect. (6) Seller shall not be held liable for normal wear. (7) The above provisions of this paragraph shall not apply to rectification by elimination the sale of the defect or second-hand items. The delivery of a defect-free product at its own discretion. such items is subject to the exclusion of any claims for defects. (8) In the event that Seller, above and beyond its legal and contractual obligations, should agree to provide any information concerning the utilization of rectificationits product, IPRO is obligated to bear all costs required for Seller shall only be liable under the purpose provisions of rectification, particularly transportation, road, working and material costs, provided that these are not increased by this § 7 if the products being moved to a site other than the delivery address. Personnel and material costs that the customer claims in this context are to be calculated parties have agreed on a cost price basis. Replaced parts become the property of IPRO and are to be returned to IPROspecial remuneration for such information. 4. If IPRO is not ready or in a position for rectification, the customer can choose to withdraw from the contract or reduce the delivery price without affecting any claims for compensation for damage or use. The same applies if the rectification fails, is unreasonable to the customer or is delayed beyond appropriate deadlines for reasons that IPRO has given. 5. If programmes are used on computers that were not purchased by IPRO, the guarantee does not cover such errors that are a result of the missing compatibility to the hardware recommended by IPRO. 6. If in an attempted improvement it transpires that there is an operation or compatibility error, IPRO can demand remuneration according to its usual rates for the amount of work provided, including travel and incidental costs. 7. The liability for defects does not comprise the guarantee for use or its success. Otherwise, this provision conclusively provides for the responsibility for defects rights. 8. The limitation period for the claims for defects of the customer is one year. If the defective products have been used for their normal use for a structure and caused their defectiveness or it is a question of a defect in a structure, then the limitation period is five years. It is also valid for claims from unauthorised use that is based on a defect of the products. The limitation period begins with the notification of the readiness for operation by IPRO or with the delivery of the products if no commissioning by IPRO is agreed upon. The reduction of limitation is not valid for the unlimited liability of IPRO for damages from the violation of a guarantee or from damage to life, body or health, for malice or gross negligence and for product errors or if IPRO has accepted a procurement risk. A statement by XXXX on a claim for defects made by the customer is not to be viewed as an entry into negotiations regarding the claim or the circumstances on which the claim is based, if the claim for defects is fully rejected by XXXX.