Common use of Guarantee and Liability Clause in Contracts

Guarantee and Liability. The guarantee conditions of the manufacturers apply to commercial goods. Unless otherwise agreed, the guarantee shall be limited to the quality of the products. The guarantee period begins on the day of invoicing. Notification of defects must be made in writing within eight working days from the invoice date and must be substantiated. As soon as a defect has been noted, immediate written notification must be made, otherwise the goods count as accepted also with respect to this defect. The claims of the purchaser invariably lapse if they are not asserted in court within 30 days of dispatch of the goods. The guarantee granted by us on our products comes into force only when the following conditions are satisfied: a) the customer has fulfilled all his payment obligations; b) the operating and installation directions have been observed; it is up to the customer especially to prevent harmful environmental effects. We reject any liability for damages resulting from such effects. We assume warranty for all faults occurring within the guarantee period as long as they have been shown to result from poor material or defective fabrication. The guarantee liability for electronic components such as semiconductors, semiconductor circuits and modules as well as electro-technical components lapses when they are soldered in place. Our liability is restricted, by our choice, to the replacement of defective products or parts or to reimbursement of the reduced market value of the goods as Our product specifications are based on experience, theoretical considerations or experimental results obtained in the laboratory under appropriate conditions. They are consequently not binding for us and should be checked by the customer under close-to- practice conditions. Every user or consumer of our products should check their suitability for his intended purpose before using them. He expressly accepts all risks associated with the use of the product and bears sole responsibility for any resulting damages. Defective products or constituents may be sent to us only after prior notification and with our agreement. Transport costs for products or parts that are sent to as defective shall be borne by the customer. With the defect notification we acquire the right to have the notified damage checked by an employee or expert of our choice. If the goods are not recognized by us as defective, the customer shall bear the costs for the necessary checks and examinations. Any parts to be replaced become our property and must be returned to us upon request. The purchaser is not entitled to demand a return of an entire consignment if only parts of it are defective. Products which are not in mint condition, with the exception of defective properties, or whose parts, manuals, software or original packaging are missing or damaged, shall not be taken back and are excepted from the warranty. In no case are we liable for the costs of dismantling or new assembly, for the associated travel and transport costs or for any damages resulting directly or indirectly from the delivered item or its use. Any modifications or repair work carried out without our written approval as well as the non-observance of our operating instructions invalidate our warranty obligation unless they concern measures taken by the customer within the scope of his obligation to mitigate damages. The operating instructions and circuit diagrams appended to the delivered products are subject to the general terms and conditions of the manufacturer. We assume no liability for the data specified in them if these diverge from the product data.

Guarantee and Liability. 1. The guarantee conditions of supplier shall assume the manufacturers apply risk that his supply or service has both the contractually agreed quality and the guaranteed properties, corresponds precisely to commercial goods. Unless otherwise agreedthe specifications and documents underlying the order, such as drawings, specification sheets, descriptions, samples etc., the guarantee shall be limited to the quality of the products. The guarantee period begins on the day of invoicing. Notification of defects must be made in writing within eight working days from the invoice date and must be substantiated. As soon as a defect has been noted, immediate written notification must be made, otherwise the goods count as accepted also with respect to this defect. The claims of the purchaser invariably lapse if they are not asserted in court within 30 days of dispatch of the goods. The guarantee granted by us on our products comes into force only when the following conditions are satisfied: a) the customer has fulfilled all his payment obligations; b) the operating and installation directions have been observed; it is up to the customer especially to prevent harmful environmental effects. We reject any liability for damages resulting from such effects. We assume warranty for all faults occurring within the guarantee period as long as they have been shown to result from poor material or defective fabrication. The guarantee liability for electronic components such as semiconductors, semiconductor circuits and modules as well as electro-technical components lapses when they are soldered in place. Our liability is restricted, by our choice, to the replacement of defective products or parts or to reimbursement of the reduced market value of the goods as Our product specifications are based on experience, theoretical considerations or experimental results obtained in the laboratory under appropriate conditions. They are consequently not binding for us and should be checked by the customer under close-to- practice conditions. Every user or consumer of our products should check their suitability for his intended purpose before using them. He expressly accepts all risks associated with the use of the product and bears sole responsibility for any resulting damages. Defective products or constituents may be sent to us only after prior notification and with our agreement. Transport costs for products or parts that are sent to as defective shall be borne by the customer. With the defect notification we acquire the right to have the notified damage checked by an employee or expert of our choice. If the goods are not recognized by us as defectiverelevant DIN standards, the customer shall bear the costs for the necessary checks and examinations. Any parts to be replaced become our property and must be returned to us upon request. The purchaser is not entitled to demand a return of an entire consignment if only parts of it are defective. Products which are not in mint condition, with the exception of defective properties, or whose parts, manuals, software or original packaging are missing or damaged, shall not be taken back and are excepted from the warranty. In no case are we liable for the costs of dismantling or new assembly, for the associated travel and transport costs or for any damages resulting directly or indirectly from the delivered item or its use. Any modifications or repair work carried out without our written approval latest accepted good engineering practice as well as the non-observance relevant prevailing statutory provisions and is free from material and legal defects, which cancel out or reduce the value of the suitability for the customary or contractually stipulated use. 2. We are entitled to the statutory warranty claims in full. Irrespective thereof, we are entitled to request that the supplier provide a remedy, either in the form of corrective action or replacement delivery, at our discretion. In this case, the supplier must bear any costs required for the purpose of corrective action. The right to claims for damages and withdrawal shall remain unaffected thereby. 3. Should the supplier also fail to rectify the fault within a reasonable period of grace set by us, we can withdraw from the contract or reduce the payment and, in addition, demand damages in each case. In urgent cases (in particular where operational safety is at risk or to avert unusually high damages), in order to remedy minor defects and in the case of a delay in remedying a defect, we are entitled, after giving advance notification and after expiration of an appropriately short extended deadline, to remedy the defects and any damage incurred as a result ourselves or to have them remedied by third parties at the supplier’s cost. This shall also apply if the supplier delivers or renders too late and we have to remedy defects immediately in order to avoid our own delivery delay. 4. If a claim is made against us for infringement of official safety regulations or of domestic or foreign product liability regulations or product liability laws due to defectiveness of our operating instructions invalidate our warranty obligation unless they concern measures taken products, and if this defectiveness is attributable to a defect in the item supplied by the customer supplier, the supplier shall release us from any third-party claims for damages upon our first written request. Moreover, the supplier shall release us from all claims for damages and warranty claims, insofar as the claims are based on defects in the supplied goods or services or fault on the part of the supplier; this shall also apply to consequential damages and costs and also includes inter alia the costs for any product recalls or similar measures to prevent, avert or reduce damage. 5. The supplier guarantees that the deliveries are free of third-party rights and that no patents or third-party industrial property rights are infringed by the deliveries and the use. If a claim is brought against us for infringing such rights, we are entitled to demand that the supplier pay compensation for the damage incurred by us in accordance with the provisions of the law applied against us (principles of liability), insofar as the damaged was caused by its supplies and services. 6. We will carry out an identity and quantity check and check the delivery for obvious damage in transit immediately following receipt of the delivery. We shall notify the supplier immediately should we discover any defects thereby. We will notify the supplier of any defects not discovered during these checks within a reasonable period of time, as soon as said defects are determined in the normal course of business. In this respect, the supplier shall waive any objection to a late notification of defects. 7. The supplier shall - unless we stipulate otherwise – carry out a quality control that in type and scope conforms with the latest state of the art. The supplier must constantly adjust the quality of his obligation goods to mitigate damages. The operating instructions and circuit diagrams appended be supplied to us in accordance with the delivered products are subject to the general terms and conditions latest state of the manufacturerart and inform us of any potential improvements or technical modifications. 8. We assume no liability Unless otherwise prescribed by law, the supplier shall be liable for the data specified in them if these diverge any defects occurring within 36 months from the product datadate we receive the delivery or from acceptance (if such an acceptance is legally or contractually determined). If the parties have individually and separately agreed a longer period of limitation, this period shall apply. 9. Our rights and claims shall otherwise remain unaffected.

Guarantee and Liability. (1) Buyer's right regarding material and legal defects ((including wrong and short delivery as well as improper assembly or faulty assembly instructions) are governed by statutory provisions, unless specified otherwise hereinafter. Special statutory provisions shall in any case remain unaffected in case of final deliveries of goods to a Consumer (Supplier recourse according to §§ 478, 479 BGB). (2) The guarantee conditions of basis for our defect liability is above all the manufacturers apply to commercial goods. Unless otherwise agreed, the guarantee shall be limited to agreements made regarding the quality of the productsgoods. The guarantee period begins An agreement on the day quality of invoicingthe goods is subject to all product descriptions which are the subject of the individual contract. Notification of defects We do not provide the customer with legal guarantees. (3) If there is no agreement on the quality, it must be made in writing within eight working days from the invoice date and must be substantiated. As soon judged according to legal regulation as to whether or not there is a defect has been noted(§ 434 para. 1 S. 2 and 3 BGB). However, immediate written notification must be madewe do not assume any liability for public statements made by the manufacturer or other third parties (e.g., otherwise the goods count as accepted also with respect to this defect. The advertising statements). (4) Defect claims of the purchaser invariably lapse if they are not asserted Buyer require that it has met its statutory inspection and complaint obligations (§§ 377, 381 HGB). If a defect is detected during or after the inspection, we must be informed immediately in court writing accordingly. The notification is deemed to have been made immediately when it is made within 30 days of two weeks, whereby the timely dispatch of the goodsnotification suffices. Regardless of this obligation to inspect and to give notice of defects, the Buyer must notify us in writing of any obvious defects (including incorrect delivery and short delivery) within two weeks of delivery, whereby the timely dispatch is sufficient to meet the deadline. If the Buyer fails in performing proper inspection and/or report defects, our liability for defects not notified is excluded. (5) If the delivered items are defective we can first decide whether we provide subsequent performance by remedying the defect (repair) or by delivery of faultless items (replacement delivery). Our right to refuse subsequent performance pursuant to statutory requirements remains unaffected. (6) We are entitled to make owed subsequent performance dependent on the Buyer paying the purchase price due. However, the Buyer is entitled to retain a reasonable portion of the purchase price in relation to the defect. (7) The guarantee granted Buyer has to provide us with the required time and opportunity for the due subsequent performance, in particular in order to hand over the rejected goods for verification purposes. In case of replacement delivery the Buyer must return the defective goods in accordance with statutory regulations. Subsequent performance entails neither the removal of the defective items, nor the installation, if we were not initially obligated for installation. (8) The expenses required for the purpose of testing and supplementary performance, in particular transport, travel, labor and material costs (not included: dismantling and installation costs), are borne by us on our products comes into force only when if in fact there is a defect. Otherwise, we may demand compensation from the following conditions are satisfied: a) Buyer for costs incurred in connection with the customer has fulfilled all his payment obligations; b) unjustified request for removal of defect (in particular inspection and transport costs), unless the operating and installation directions have been observed; it is up lack of defect was not apparent to the customer especially to prevent harmful environmental effects. We reject any liability for damages resulting from such effects. We assume warranty for all faults occurring within the guarantee period as long as they have been shown to result from poor material or defective fabrication. The guarantee liability for electronic components such as semiconductorsBuyer. (9) In urgent cases, semiconductor circuits and modules as well as electro-technical components lapses when they are soldered e.g. in place. Our liability is restricted, by our choice, to the replacement case of defective products or parts endangerment of operational safety or to reimbursement of avoid disproportionate damage, the reduced market value of the goods as Our product specifications are based on experience, theoretical considerations or experimental results obtained in the laboratory under appropriate conditions. They are consequently not binding for us and should be checked by the customer under close-to- practice conditions. Every user or consumer of our products should check their suitability for his intended purpose before using them. He expressly accepts all risks associated with the use of the product and bears sole responsibility for any resulting damages. Defective products or constituents may be sent to us only after prior notification and with our agreement. Transport costs for products or parts that are sent to as defective shall be borne by the customer. With the defect notification we acquire Buyer has the right to have remedy the notified damage checked by an employee or expert of our choice. If the goods are not recognized by defect on its own and to demand compensation from us as defective, the customer shall bear the costs for the objectively necessary checks and examinationsexpenses. Any parts We are to be replaced become our property and must be returned to us upon requestinformed immediately of such self-repair, if possible in advance. The purchaser is right to self-repair does not exist if we were entitled to demand refuse a return of an entire consignment if only parts of it are defective. Products which are not in mint condition, with the exception of defective properties, or whose parts, manuals, software or original packaging are missing or damaged, shall not be taken back and are excepted from the warranty. In no case are we liable for the costs of dismantling or new assembly, for the associated travel and transport costs or for any damages resulting directly or indirectly from the delivered item or its use. Any modifications or repair work carried out without our written approval as well as the non-observance of our operating instructions invalidate our warranty obligation unless they concern measures taken by the customer within the scope of his obligation to mitigate damages. The operating instructions and circuit diagrams appended corresponding supplementary performance according to the delivered products are subject to the general terms and conditions of the manufacturer. We assume no liability for the data specified in them if these diverge from the product datastatutory provisions.