Common use of LIABILITY FOR DEFECTS AND WARRANTY Clause in Contracts

LIABILITY FOR DEFECTS AND WARRANTY. The buyer must immediately inspect and check the goods without unnecessary delay and, in writing, claim for any defects in detail to the seller of goods and must also stop using the goods. If the buyer doesn’t notify the seller in time, they will lose the right to withdraw from the contract. The buyer will notify the seller of his chosen right when notifying of a defect or without delay after notifying of the defect. The seller is however entitled to refuse the chosen type of reimbursement, only if it presents the seller with unreasonable costs and or a different kind of reimbursement is available without substantial harm to the buyer. The consumer-buyer cannot change the chosen reimbursement without the agreement of the seller; this does not apply a situation when a buyer is requesting a repair of a malfunction, that cannot be repaired. If the seller fails to repair the malfunctions in a reasonable period or should he inform the buyer that they will not repair the malfunction, the buyer is then eligible to ask for a reasonable discount from the purchasing price instead of the repair, or they can withdraw from the contract. Upon delivery of a new item, the buyer will return the previous item on their own expense to the seller. Should the consumer buyer apply the right of faulty performance, the seller will confirm this in a written form, there will be stated: the date of the application, as well as the duration of the repair and the details of it. The buyer has to provide the seller with reasonable time to repair any malfunctions; otherwise claims for any defects expire. If it’s not possible, within the period for malfunction removal, set reasonably in all circumstances, to produce any kind of remedy, the buyer can withdraw from the contract or can ask for a discount of the Purchase price. The buyer is not allowed to withdraw from the contract, in a case of only minor defects. Transportation costs and other costs for replacement or refund of goods apply to the buyer. It is expressly agreed, that in case of a defect of an item, the buyer is not allowed to ask for compensation for transportation costs of goods to and from the seller. The seller is also not responsible for the buyer’s lost profits, or for any indirect losses due to the defects of the goods. The seller offers a statutory warranty - liability for defects to the consumer buyer for the period of 24 months from the date of the issuance of the sales receipt. The conditions of warranty and guarantee are listed in the “Warranty conditions”. The buyer is obliged to strictly adhere to the operating instructions supplied with the goods. In the event of non- compliance with the manual, a responsibility of the seller is non-existent. The agreed properties of the goods or services, which the seller is obliged to ensure, stem solely from contractual agreements with the consumer buyer, not from praise of the subject of the purchase, advertisment, fliers etc.

LIABILITY FOR DEFECTS AND WARRANTY. The seller offers a statutory warranty - liability for defects for 6 months from the date of issuance of the sales receipt, in a one-shift operation. Beyond the statutory liability for defects, the seller also provides the buyer with a voluntary additional warranty of 18 months from the date of issuance of the receipt. That is 24 months of warranty in total from the date of receipt issuance. The conditions of the warranty are listed in the “Warranty conditions”. The buyer must immediately inspect and check the goods without unnecessary delay and, in writing, claim for any defects in detail to the seller of goods and must also stop using the goods. If the buyer doesn’t notify the seller in time, they will lose the right to withdraw from the contract. The buyer will notify In the event of a defect, the seller of his chosen right when notifying of a defect will resolve the buyer’s claim as they deem fit and that either by repairing, exchanging goods (or without delay after notifying of its faulty parts) or by lowering the defectprice. The seller is however entitled to refuse the chosen type of reimbursement, only if it presents the seller with unreasonable costs and or a different kind of reimbursement is available without substantial harm Any goods returned to the buyer. The consumer-buyer cannot change the chosen reimbursement without the agreement of the seller; this does not apply a situation when a buyer is requesting a repair of a malfunction, that which cannot be repaired. If the seller fails to repair the malfunctions in a reasonable period or should he inform the buyer that they will not repair the malfunction, the buyer is then eligible to ask for a reasonable discount from the purchasing price instead of the repair, or they can withdraw from the contract. Upon delivery of a new item, the buyer will return the previous item on their own expense belong to the seller. Should the consumer buyer apply the right of faulty performance, the seller will confirm this in a written form, there will be stated: the date of the application, as well as the duration of the repair and the details of itAny claims for damages are excluded. The buyer has to provide the seller with reasonable time to repair any malfunctions; otherwise claims for any defects expire. If it’s not possible, within the period for malfunction removal, set reasonably in all circumstances, to produce any kind of remedy, the buyer can withdraw from the contract or can ask for a discount of the Purchase purchase price. The buyer is not allowed to withdraw from the contract, in a case of only minor defects. Transportation costs and other costs for replacement or refund of goods apply to the buyer. It is expressly agreed, that in case of a defect of an item, the buyer is not allowed to ask for compensation for transportation costs of goods to and from the seller. The seller is also not responsible for the buyer’s lost profits, or for any indirect losses due to the defects of the goods. The seller offers a statutory warranty - liability for defects to the consumer buyer for the period of 24 months from the date of the issuance of the sales receipt. The conditions of warranty and guarantee are listed in the “Warranty conditions”. The buyer is obliged to strictly adhere to the operating instructions supplied with the goods. In the event of non- compliance with the manual, a responsibility of the seller is non-existent. The agreed properties of the goods or services, which the seller is obliged to ensure, stem solely from contractual agreements with the consumer buyer, not from praise of the subject of the purchase, advertismentadvertisement, fliers etc. In case of an unauthorized claim, the buyer is obliged to pay all costs that the seller incurred as a result of an unjustified claim, including payment for work of the seller’s technicians in the amount corresponding with the price of services according to the current price list of the seller.

LIABILITY FOR DEFECTS AND WARRANTY. The buyer must immediately inspect and check the goods without unnecessary delay and, and in writing, writing claim for any defects in detail to the seller of goods and must also stop using the goods. If The seller will in case of defects satisfy the demands of the commercial buyer doesn’t notify according to the seller in timeseller’s choice, they will lose either by performing a repair, by exchange of the right goods (or its faulty part) or by a discount. Any goods returned to withdraw from the contractseller, impossible to repair, become the property of the seller. Claims for compensation are excluded. The Consumer buyer will notify the seller of his chosen right when notifying of a defect or without delay after notifying notification of the defect. The seller is however entitled to refuse the chosen type of reimbursement, only if it presents the seller with unreasonable costs and or a different kind of reimbursement is available without substantial harm to the buyer. The consumer-consumer buyer cannot change the chosen reimbursement without the agreement of the seller; this does not apply a situation situation, when a buyer is requesting a repair of a malfunction, that cannot be repaired. If the seller fails to repair the malfunctions in a reasonable period or should he inform the buyer that they will not repair the malfunction, the buyer is then eligible to ask for a reasonable discount from the purchasing price instead of the repair, or they can withdraw from the contract. Upon delivery of a new itemthing, the buyer will return the previous item thing on their his own expense to the seller. Should the consumer buyer apply the right of faulty performance, the seller will confirm this in a written form, there where will be stated: the date of the application, as well as the duration of the repair and the details of it. Should the buyer not inform of the malfunction on time, they lose the right to withdraw from the contract. The buyer has to provide the seller with reasonable time to repair any malfunctions; otherwise claims for any defects expire. If it’s not possible, within the period for malfunction removal, set reasonably in all circumstances, to produce any kind of remedy, the buyer can withdraw from the contract or can ask for a discount of the Purchase price. The buyer is not allowed to withdraw from the contract, in a case of only minor defects. Transportation costs and other costs for replacement or refund of goods apply to the buyer. It is expressly agreed, that in case of a defect of an itema thing, the buyer is not allowed to ask for compensation for transportation costs of goods to and from the seller. The seller is also not responsible for the buyer’s lost profits, or for any indirect losses due to the defects of the goods. The seller offers a statutory warranty - liability for defects to the consumer buyer for the period of 24 months and for the commercial buyer for the period of 6 months from the date of the issuance of the sales receipt, in a one-shift service. Beyond the scope of liability for defects, the seller also provides the commercial buyer with an optional additional guarantee of up to 24 months from the date of issuance of the receipt. The conditions of warranty and guarantee are listed in the “Warranty conditions”. The buyer is obliged to strictly adhere to the operating instructions supplied with the goods. In the event of non- compliance with the manual, manual a responsibility of the seller is non-existent. The agreed properties of the goods or services, which the seller is obliged to ensure, stem solely from contractual agreements with the consumer commercial buyer, not from praise of the subject of the purchase, advertismenta commercial, fliers etc. The commercial buyer does not receive guarantees in a legal sense. In a case of an unauthorized application of right for defects claim, the commercial buyer is obliged to cover all costs that may have arisen for the seller by this unauthorized claim, including the costs for the work of technicians of the seller in an amount similar to that of services according to the price list of the seller.

LIABILITY FOR DEFECTS AND WARRANTY. 6.1 The buyer must immediately inspect and check Seller shall deliver the goods without unnecessary delay andto the Buyer in the quality, quality and settings as set forth in writingthis Agreement. 6.2 The Buyer shall notify all bulk defects, claim for any delivery of different than ordered goods or visible mechanical damage to the Seller upon the delivery at the latest and at the same time, mark such defects in detail the delivery note, otherwise all respective compensation claims will cease to exist. 6.3 The Buyer shall also mark any possible late delivery of the goods in the delivery note, otherwise he would not be entitled to claim any damages resulting from late delivery or defects pursuant to the seller point 6.2 and it is understood that the goods are delivered duly and on time. 6.4 The Buyer shall notify the Seller of the defects detected upon unpacking of the goods or defects detectable otherwise than by using the goods (hidden defects) within max. 7 business days from detecting the defects and must also stop using in this case, shall not dispose of the goods in any manner whatsoever, mainly use them, otherwise all compensation claims will cease to exist. 6.5 The Seller provides the warranty only for hidden defects by issuing the specific warranty certificate. The warranty, if provided, shall not relate to compensation claims from defects the Buyer will not enforce duly and on time. If the Seller fails to provide the Buyer with the warranty certificate upon the delivery, it is understood that the Seller has not provided any warranty for the goods. If the buyer doesn’t notify warranty is provided, the seller in time, they will lose the right to withdraw warranty period starts from the contract. The buyer will notify the seller day of his chosen right when notifying of a defect or without delay after notifying acceptance of the defect. The seller is however entitled to refuse goods by the chosen type Buyer or from the first day of reimbursement, only if it presents the seller with unreasonable costs and or a different kind of reimbursement is available without substantial harm to the buyer. The consumer-buyer cannot change the chosen reimbursement without the agreement default on acceptance of the seller; goods. 6.6 If the warranty was provided, this does not apply a situation when a buyer is requesting a repair ceases to exist if the Buyer has failed to pay for the goods duly and on time. 6.7 Xxxxx’s compensation claims resulting from defects are as follows: a) removing the defects (repair, delivery of a malfunctionsupplementary goods, delivery of missing goods, removal of legitimate defects), b) exchange of goods, c) reasonable discount from the purchase price, d) termination of the particular agreement. 6.8 The choice between the above mentioned titles shall fall within the Seller's competence. In case of the defect that cannot be repairedremoved and that prevents proper use of the item, the Seller shall be entitled to exchange the goods for the new ones or terminate the particular agreement. If the seller fails to repair goods cannot be exchanged within the malfunctions in a reasonable time period or should he inform not shorter than 30 days after delivery of the buyer that they will not repair the malfunctionSeller’s written request, the buyer is then eligible Buyer may terminate the particular agreement. The contracting parties hereby exclude the application of §425 (2a) and §436 to ask for a reasonable discount from the purchasing price instead 440 of the repairCommercial Code. 6.9 The cases in which the Seller shall not be held liable for goods defects including the warranty, if provided, are as follows: (i) goods defects due to natural or they can withdraw from the contract. Upon delivery of a new item, the buyer will return the previous item on their own expense to the seller. Should the consumer buyer apply the right of faulty performance, the seller will confirm this in a written form, there will be stated: the date mechanical damage of the applicationgoods or their parts including accidental damage; (ii) defects and damage of the goods due to not respecting or neglecting storage conditions; (iii) goods defects and damage caused by using the goods in the conditions that, due to their temperature, dust, humidity, chemical and mechanical influences, do not meet regular standards suitable for usage of the goods; (iv) goods defects and damage caused as an act of violence; (v) goods defects and damage as a result of breach of guidelines and regulations; (vi) goods defects and damage caused by using different components that those recommended by the manufacturer or supplier, as well as by repairs or modifications carried out by persons other than those authorised by the duration manufacturer or supplier; (vii) goods defects and damage the Buyer was aware of the repair and the details of it. The buyer has prior to provide the seller with reasonable time to repair any malfunctions; otherwise claims for any defects expire. If it’s not possible, within the period for malfunction removal, set reasonably in all circumstances, to produce any kind of remedy, the buyer can withdraw from the contract or can ask for a discount of the Purchase price. The buyer is not allowed to withdraw from the contract, in a case of only minor defects. Transportation costs and other costs for replacement or refund of goods apply to the buyer. It is expressly agreed, that in case of a defect of an item, the buyer is not allowed to ask for compensation for transportation costs of goods to and from the seller. The seller is also not responsible for the buyer’s lost profits, or for any indirect losses due to the defects acceptance of the goods; (viii) goods defects and damage caused by the Buyer himself or as a result of unprofessional use of the goods; (ix) goods defects and damage caused by using different procedures as prescribed by the manufacturer; (x) goods defects as a result of wear and tear and the natural product life cycle; (xi) any other facts and circumstances subject to Buyer’s complaint and which are beyond the Seller’s powers (e.g. theft, force majeure, etc.); (xii) any other reasons defined in the warranty certificate or stated in the user's manual, on the product packaging or at the company website www..... 6.10 Without prejudice to other provisions of this Agreement, any other agreements between the contracting parties and/or provisions of the warranty certificate, the defect shall never be defined as deterioration of the goods quality due to improper or unprofessional storage and usage of the goods, damage from wear and tear or force majeure. The seller offers a statutory warranty - or legal liability for defects shall also not relate to defects resulting from inappropriate handling, unauthorised use or improper storage of the goods by the Buyer or the third party. 6.11 In case of the illegitimate complaint, the Seller reserves the right to claim from the Buyer compensation for actually incurred costs related to complaints handling (e.g. assessment of the specialised authority, expert opinion, multiple freight costs, etc.). 6.12 The Buyer shall file a complaint in writing stating the reason, the volume and type of the goods, the number of the delivery note and the invoice. The goods that are subject to complaint shall be stored separately from other goods and shall not be used for any further processing, fitting or selling until the complaint is being dealt with. The Buyer shall handle the goods with due care and avoid any damage thereto. For the avoidance of any doubt, the Buyer, when filing a complaint, shall pay and not refrain from paying the purchase price. 6.13 The Buyer shall also provide the Seller with all assistance and cooperation that is necessary for removing goods defects. Especially the Buyer shall transport the goods to the consumer buyer place designed by the Seller, hand over the goods to the Seller for inspection and if the goods are repaired at Buyer’s premises, allow the Seller access to the goods, ensure the premises necessary for removing the goods defects, electric current/water, for the time period that is necessary for repair, etc. 6.14 Usage of 24 months from the date of the issuance of the sales receipt. The conditions of warranty and guarantee are listed delivered goods in the “Warranty conditions”. The buyer is obliged to strictly adhere to the operating instructions supplied with the goods. In the event of non- compliance with the manual, a responsibility EU REACH Regulation on Chemicals by the Buyer shall not institute any agreement between the parties with regard to contractually agreed features of these goods or shall not represent any usage presumed by to the terms of the seller is non-existent. The agreed properties of the goods or services, which the seller is obliged to ensure, stem solely from contractual agreements with the consumer buyer, not from praise of the subject of the purchase, advertisment, fliers etcAgreement and/or these GTC.