Common use of Liability and compensation Clause in Contracts

Liability and compensation. 9.1 Insofar as nothing to the contrary is stipulated in sections 9.3 and 9.4 hereof, the Buyer’s claims due to material defects or defects in title- regardless of the legal reason – are hereby excluded. The Supplier shall not be liable for damage which has not arisen to the item supplied itself. In particular, the Supplier shall not be liable for lost profit or other pecuniary loss suffered by the Buyer. 9.2 Insofar as nothing to the contrary is stipulated in sections 9.3 and 9.4 hereof, the Buyer’s claims due to breach of an obligation arising out of the contractual relationship are hereby excluded. 9.3 The foregoing liability exemptions (sections 9.1 and 9.2 hereof) shall not apply insofar as the Supplier has mandatory statutory liability, for example (1) pursuant to the Product Liability Act, (2) due to loss of life, personal injury or damage to health which is due to a negligent or intentional breach of obligation by the Supplier or a legal representative or a vicarious agent of the Supplier, (3) insofar as the cause of damage or loss is due to intentional behaviour or gross negligence by the Supplier or a legal representative or a vicarious agent of the Supplier, (4) if the Buyer asserts rights due to a defect under a guarantee of quality or the specific duration of a quality, (5) the Supplier negligently breaches an essential contractual obligation which is what makes performance of the contract possible at all and on whose compliance the Buyer may usually rely (cardinal obligation), (6) recourse claims in the supply chain pursuant to § 445a of the BGB are concerned. 9.4 Insofar as the Supplier breaches a cardinal obligation, the compensation obligation is limited to the contract-typical, foreseeable damage and loss, insofar as no intentional behaviour or gross negligence is present or the Supplier is liable due to loss of life, personal injury or damage to health. 10.1 The delivery item shall remain the property of the Supplier until each and every claim the Supplier has against the Buyer on account of the business relationship has been fulfilled. 10.2 As long as the retention of title is effective, the Buyer may neither pledge the delivery item nor assign it as security. The delivery item may only be resold by resellers if this occurs in the course of ordinary business dealings and only on the condition that the Buyer receives payment of the equivalent value of the delivery item. Moreover, the Buyer shall agree with the Recipient that title shall only pass to the Recipient once the latter has fulfilled this payment obligation. 10.3 The Buyer shall be allowed to process the delivery item or to mix or combine it with other objects. The processing, mixing or combination (hereinafter jointly referred to as “processing” and with regard to the delivery item as “processed”) shall take place on behalf of the Supplier; the resulting object shall be referred to as "new goods". The Buyer shall store the new goods for the Supplier with the diligence of a prudent businessman. If processing is carried out with items not belonging to the Supplier, the Supplier shall acquire joint

Liability and compensation. 9.1 Insofar as nothing to the contrary is stipulated in sections 9.3 and 9.4 hereof, the Buyer’s claims due to material defects or defects in title- title – regardless of the legal reason – are hereby excluded. The Supplier shall is not be liable for damage which has not arisen to the item supplied itself. In particular, the Supplier shall is not be liable for lost profit or other pecuniary loss suffered by the Buyer. 9.2 Insofar as nothing to the contrary is stipulated in sections 9.3 and 9.4 hereof, the Buyer’s claims due to breach of an obligation arising out of the contractual relationship are hereby excluded. 9.3 The foregoing liability exemptions (sections 9.1 and 9.2 hereof) shall do not apply insofar as the Supplier has mandatory statutory liability, for example (1) pursuant to the Product Liability Act, (2) due to loss of life, personal injury or damage to health which is due to a negligent or intentional breach of obligation by the Supplier or a legal representative or a vicarious agent of the Supplier, (3) insofar as the cause of damage or loss is due to intentional behaviour or gross negligence by the Supplier or a GRG America LLC 0000 Xxxxxxxxxx Xx. Brighton, MI 48116, USA Phone: +0 (0) 000.000.0000 Fax: +0 (0) 000.000.0000 legal representative or a vicarious agent of the Supplier, (4) if the Buyer asserts rights due to a defect under a guarantee of quality or the specific duration of a quality, (5) the Supplier negligently breaches an essential contractual obligation which is what makes performance of the contract possible at all and on whose compliance the Buyer may usually rely (cardinal obligation), (6) recourse claims in the supply chain pursuant to § 445a of the BGB are concerned. 9.4 Insofar as the Supplier breaches a cardinal obligation, the compensation obligation is limited to the contract-typical, foreseeable damage and loss, insofar as no intentional behaviour or gross negligence is present or the Supplier is liable due to loss of life, personal injury or damage to health. 10.1 The delivery item shall remain the property of the Supplier until each and every claim the Supplier has against the Buyer on account of the business relationship has been fulfilled. 10.2 As long as the retention of title is effective, the Buyer may neither pledge the delivery item nor assign it as security. The delivery item may only be resold by resellers if this occurs in the course of ordinary business dealings and only on the condition that the Buyer receives payment of the equivalent value of the delivery item. Moreover, the Buyer shall agree with the Recipient that title shall only pass to the Recipient once the latter has fulfilled this payment obligation. 10.3 The Buyer shall be allowed to process the delivery item or to mix or combine it with other objects. The processing, mixing or combination (hereinafter jointly referred to as “processing” and with regard to the delivery item as “processed”) shall take place on behalf of the Supplier; the resulting object shall be referred to as "new goods". The Buyer shall store the new goods for the Supplier with the diligence of a prudent businessman. If processing is carried out with items not belonging to the Supplier, the Supplier shall acquire joint

Liability and compensation. 9.1 Insofar as nothing to the contrary is stipulated in sections 9.3 and 9.4 hereof, the Buyer’s claims due to material defects or defects in title- regardless of the legal reason – are hereby excluded. The Supplier shall not be liable for damage which has not arisen to the item supplied itself. In particular, the Supplier shall not be liable for lost profit or other pecuniary loss suffered by the Buyer. 9.2 Insofar as nothing to the contrary is stipulated in sections 9.3 and 9.4 hereof, the Buyer’s claims due to breach of an obligation arising out of the contractual relationship are hereby excluded. 9.3 The foregoing liability exemptions (sections 9.1 and 9.2 hereof) shall not apply insofar as the Supplier has mandatory statutory liability, for example (1) pursuant to the Product Liability Act, (2) due to loss of life, personal injury or damage to health which is due to a negligent or intentional breach of obligation by the Supplier or a legal representative or a vicarious agent of the Supplier, (3) insofar as the cause of damage or loss is due to intentional behaviour or gross negligence by the Supplier or a legal representative or a vicarious agent of the Supplier, (4) if the Buyer asserts rights due to a defect under a guarantee of quality or the specific duration of a quality, (5) the Supplier negligently breaches an essential contractual obligation which is what makes performance of the contract possible at all and on whose compliance the Buyer may usually rely (cardinal obligation), (6) recourse claims in the supply chain pursuant to § 445a of the BGB are concerned. 9.4 Insofar as the Supplier breaches a cardinal obligation, the compensation obligation is limited to the contract-typical, foreseeable damage and loss, insofar as no intentional behaviour or gross negligence is present or the Supplier is liable due to loss of life, personal injury or damage to health. 10.1 The delivery item shall remain the property of the Supplier until each and every claim the Supplier has against the Buyer on account of the business relationship has been fulfilled. 10.2 As long as the retention of title is effective, the Buyer may neither pledge the delivery item nor assign it as security. The delivery item may only be resold by resellers if this occurs in the course of ordinary business dealings and only on the condition that the Buyer receives payment of the equivalent value of the delivery item. Moreover, the Buyer shall agree with the Recipient that title shall only pass to the Recipient once the latter has fulfilled this payment obligation. 10.3 The Buyer shall be allowed to process the delivery item or to mix or combine it with other objects. The processing, mixing or combination (hereinafter jointly referred to as “processing” and with regard to the delivery item as “processed”) shall take place on behalf of the Supplier; the resulting object shall be referred to as "new goods". The Buyer shall store the new goods for the Supplier with the diligence of a prudent businessman. If processing is carried out with items not belonging to the Supplier, the Supplier shall acquire joint

Liability and compensation. 9.1 Insofar as nothing to the contrary is stipulated in sections 9.3 and 9.4 hereof, the Buyer’s claims due to material defects or defects in title- regardless of the legal reason – are hereby excluded. The Supplier shall not be liable for damage which has not arisen to the item supplied itself. In particular, the Supplier shall not be liable for lost profit or other pecuniary loss suffered by the Buyer. 9.2 Insofar as nothing to the contrary is stipulated in sections 9.3 and 9.4 hereof, the Buyer’s claims due to breach of an obligation arising out of the contractual relationship are hereby excluded. 9.3 The foregoing liability exemptions (sections 9.1 and 9.2 hereof) shall not apply insofar as the Supplier has mandatory statutory liability, for example (1) pursuant to the Product Liability Act, (2) due to loss of life, personal injury or damage to health which is due to a negligent or intentional breach of obligation by the Supplier or a legal representative or a vicarious agent of the Supplier, (3) insofar as the cause of damage or loss is due to intentional behaviour or gross negligence by the Supplier or a legal representative or a vicarious agent of the Supplier, (4) if the Buyer asserts rights due to a defect under a guarantee of quality or the specific duration of a quality, (5) the Supplier negligently breaches an essential contractual obligation which is what makes performance of the contract possible at all and on whose compliance the Buyer may usually rely (cardinal obligation), (6) recourse claims in the supply chain pursuant to § 445a of the BGB are concerned. 9.4 Insofar as the Supplier breaches a cardinal obligation, the compensation obligation is limited to the contract-typical, foreseeable damage and loss, insofar as no intentional behaviour or gross negligence is present or the Supplier is liable due to loss of life, personal injury or damage to health. 10.1 The delivery item shall remain the property of the Supplier until each and every claim the Supplier has against the Buyer on account of the business relationship has been fulfilled. 10.2 As long as the retention of title is effective, the Buyer may neither pledge the delivery item nor assign it as security. The delivery item may only be resold by resellers if this occurs in the course of ordinary business dealings and only on the condition that the Buyer receives payment of the equivalent value of the delivery item. Moreover, the Buyer shall agree with the Recipient that title shall only pass to the Recipient once the latter has fulfilled this payment obligation. 10.3 The Buyer shall be allowed to process the delivery item or to mix or combine it with other objects. The processing, mixing or combination (hereinafter jointly referred to as “processing” and with regard to the delivery item as “processed”) shall take place on behalf of the Supplier; the resulting object shall be referred to as "new goods". The Buyer shall store the new goods for the Supplier with the diligence of a prudent businessman. If processing is carried out with items not belonging to the Supplier, the Supplier shall acquire jointjoint title to the new goods based on the proportion of the value of the processed, mixed or combined delivery item to the value of the other processed goods at the time of processing. If the Buyer acquires sole ownership of the new goods, the Supplier and the Buyer shall agree that the Buyer shall grant the Supplier co-ownership of the new goods in the ratio of the value of the processed delivery item to the value of the other processed goods at the time of processing.