Common use of Liability for defects Clause in Contracts

Liability for defects. With the exclusion of further claims, we shall be liable for the following defects in delivery: 10.1 We must be immediately informed of any defects in writing. If the Buyer fails to notify us in a timely manner, the delivery shall be deemed accepted according to the contract. 10.2 In the case of a defect that renders the product demonstrably unusable or significantly restricted in its usability that can be attributed to an event that occurred prior to the transfer of risk – in particular due to faulty design, substandard building materials or poor workmanship – we are at liberty to decide whether to repair or replace the faulty product. In the case we elect to replace the faulty product, the received goods shall become our property. 10.3 If we seriously and definitively refuse to repair or replace the faulty goods due to disproportionately higher costs, or fail in our efforts of subsequent performance, or the Buyer is unreasonable, the Buyer is at liberty to demand a reduction in the price, to withdraw from the contract or seek compensation for damages within the framework of the limitation of liability as per Sections 10.10 and 10.11 in place of demanding repair or replacement. However, in the event of an insignificant contractual violation, particularly for insignificant defects, the Buyer shall not be entitled to withdraw from the contract. 10.4 Insofar as the Buyer’s complaint is justified, we shall bear the costs of the replacement part ex-works arising from the direct costs incurred by the repair or replacement. The Buyer shall bear all other costs, including travel and assembly costs. If the defect occurs at a location situated more than 100 km away from our production facilities in Regenstauf, the Buyer is obligated to return the faulty goods to our Regenstauf production facilities at our expense, if we so request. We shall pay the required shipment costs. 10.5 We shall not assume any liability for delivered parts that are subject to premature wear and tear as the result of their material composition or the way in which they are used. We shall likewise not assume any liability for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the Buyer or a third party, natural wear and tear, incorrect or negligent handling, excessive loads, inappropriate working materials, the entry of foreign bodies, defective work undertaken on the goods by a third party or outside influences. 10.6 We shall only be liable for third-party products to the same extent with regards to time and materials warranted by our subcontractor to us. 10.7 The Buyer must grant us the time and opportunity required to carry out repairs or replace the goods. Failure to do so shall release us from our liability for defects. The Buyer must provide assistants in this regard. 10.8 We shall not be obliged to remedy defects if the Buyer has failed to meet his contractual obligations thus far – payment obligations in particular. 10.9 We shall no longer be liable for defects if the Buyer or third parties commissioned by him undertake modifications or repair work on the goods – also for commissioning – without first obtaining our written approval. 10.10 If the Buyer asserts claims for damages based on intent or gross negligence, we shall be liable as per the statutory provisions. This shall also apply in the case of intent or gross negligence of our representatives or vicarious agents. Provided we are not accused of intentionally breaching the contract, our liability for damages is limited to foreseeable, typically occurring damage. 10.11 If we culpably violate an essential contractual obligation, we shall be liable in accordance with the statutory provisions. However, in this case, our liability for damages shall be limited to foreseeable, typically occurring damage. 10.12 Liability for culpable injury to life, body or health remains unaffected by the above provisions; this also applies to mandatory liability as per the German Product Liability Act. 10.13 The Buyer does not receive any legal guarantees in this regard. 10.14 Claims for defects shall become statute-barred 12 months after the transfer of risk.

Liability for defects. With We must be notified in writing within an exclusion period of 14 (fourteen) days after receipt of the exclusion goods or when storing the goods for the customer of further claimsany defects after the invoice date. We must be notified immediately in writing of any detected defects that cannot be detected within this period even after careful inspection. To the extent that there are physical or legal defects, we shall be liable for entitled to eliminate the following defects in delivery: 10.1 We must be immediately informed defect or deliver defect-free goods (subsequent performance); the choice of any defects in writing. If the Buyer fails to notify us in a timely manner, the delivery subsequent performance shall be deemed accepted according at our discretion. The prerequisite for our liability is that it is not an insignificant defect. We shall be entitled to refuse them should one of the two or both types of subsequent performance be impossible or unreasonable. We may refuse the subsequent fulfilment if customer does not fulfil its payment obligations to the contract. 10.2 In the case of a defect extent that renders the product demonstrably unusable or significantly restricted in its usability that can be attributed to an event that occurred prior corresponds to the transfer defect-free portion of risk – in particular due to faulty design, substandard building materials or poor workmanship – we are at liberty to decide whether to repair or replace the faulty productperformance. In the case we elect to replace the faulty product, the received goods shall become our property. 10.3 If we seriously and definitively refuse to repair or replace the faulty goods due to disproportionately higher costs, or fail in our efforts event of subsequent performance, or we must bear all expenditures necessary to remove the Buyer is unreasonabledefect, in particular costs for transportation, travel, labour and materials, provided these are not increased by the Buyer is at liberty fact that the purchased item was taken to demand a reduction in another site than the price, to withdraw from the contract or seek compensation for damages within the framework of the limitation of liability as per Sections 10.10 and 10.11 in place of demanding repair or replacementperformance. However, in In the event of an insignificant contractual violationthat the subsequent performance fails, particularly for insignificant defectscustomer, the Buyer at its discretion, shall not be entitled to withdraw from lower the contract. 10.4 Insofar as purchase price correspondingly (reduction) or to cancel the Buyer’s complaint is justifiedcontract (cancellation), we shall bear within the costs scope of the replacement part ex-works arising from the direct costs incurred by the repair or replacement. The Buyer shall bear all other costs, including travel and assembly costs. If the defect occurs at a location situated more than 100 km away from our production facilities in Regenstauf, the Buyer is obligated to return the faulty goods to our Regenstauf production facilities at our expense, if we so requestprovisions of law. We shall pay the required shipment costs. 10.5 We shall not assume any liability for delivered parts that are subject to premature wear and tear as the result of their material composition or the way in which they are used. We shall likewise not assume any liability for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the Buyer or a third party, natural wear and tear, incorrect or negligent handling, excessive loads, inappropriate working materials, the entry of foreign bodies, defective work undertaken on the goods by a third party or outside influences. 10.6 We shall only be liable for third-party products to in accordance with the same extent with regards to time and materials warranted by our subcontractor to us. 10.7 The Buyer must grant us the time and opportunity required to carry out repairs or replace the goods. Failure to do so shall release us from our liability for defects. The Buyer must provide assistants in this regard. 10.8 We shall not be obliged to remedy defects if the Buyer has failed to meet his contractual obligations thus far – payment obligations in particular. 10.9 We shall no longer be liable for defects if the Buyer or third parties commissioned by him undertake modifications or repair work on the goods – also for commissioning – without first obtaining our written approval. 10.10 If the Buyer asserts statutory provisions insofar as customer makes claims for damages based on that are a result of intent or gross negligence, we shall be liable as per the statutory provisions. This shall also apply in the case of including intent or gross negligence of our representatives or vicarious agents. Provided Unless we are not accused claimed to be in deliberate breach of intentionally breaching the contract, our liability for damages is limited to foreseeable, typically occurring damage. 10.11 If we culpably violate an essential contractual obligation, we shall be liable in accordance with the statutory provisions. However, in this case, our liability for damages shall be limited to the foreseeable, typically occurring damage. 10.12 damages. Liability for culpable injury to life, body limb or health remains unaffected by the above provisionsshall remain unaffected; this shall also applies apply to mandatory liability as per in accordance with the German Product Liability Act. 10.13 product liability law. To the extent not otherwise specified above, any liability shall be excluded. The Buyer does not receive any legal guarantees in this regard. 10.14 Claims period of limitation for claims for defects shall become statute-barred be 12 months after months, as from the transfer of risk. Representations and warranties shall not be deemed to have been validly given unless we have given them expressly and in writing.

Liability for defects. With 7.1 Claims for defects of the exclusion of further claims, we customer shall be liable for the following defects in delivery: 10.1 We must be immediately informed of any defects in writing. If the Buyer fails to notify us in a timely manner, the delivery shall be deemed accepted according to the contractrequire that it has orderly executed its investigation and complaint obligations. 10.2 In the case of 7.2 As far as there should be a defect that renders the product demonstrably unusable or significantly restricted in its usability that can be attributed to an event that occurred prior to the transfer of risk – in particular due to faulty design, substandard building materials or poor workmanship – we are at liberty to decide whether to repair or replace the faulty product. In the case we elect to replace the faulty product, the received goods shall become our property. 10.3 If we seriously and definitively refuse to repair or replace the faulty goods due to disproportionately higher costs, or fail in our efforts of subsequent performance, or the Buyer is unreasonable, the Buyer is at liberty to demand a reduction in the price, to withdraw from the contract or seek compensation for damages within the framework of the limitation of liability as per Sections 10.10 and 10.11 in place of demanding repair or replacement. However, in purchased goods so the event of an insignificant contractual violation, particularly for insignificant defects, the Buyer customer shall not be entitled to withdraw from a supplementary performance of its choice in the contractway of a removal of defects or to the delivery of new goods free of defects. The customer shall always give us the opportunity to a supplementary performance within an adequate time limit, rights of recourse shall be unaffected without limitation by the aforementioned regulation. 10.4 Insofar as 7.3 Should the Buyer’s complaint is justifiedsupplementary performance fail, we so the customer shall bear the costs be entitled to claim for resignation or a reduction. 7.4 Claims for defects shall not exist for an only insignificant de- viation of the replacement part ex-works arising from agreed quality, for an only insignificant reduction of the direct costs incurred by the repair or replacement. The Buyer shall bear all other costsusability, including travel and assembly costs. If the defect occurs at a location situated more than 100 km away from our production facilities in Regenstauf, the Buyer is obligated to return the faulty goods to our Regenstauf production facilities at our expense, if we so request. We shall pay the required shipment costs. 10.5 We shall not assume any liability for delivered parts that are subject to premature wear and tear as the result of their material composition or the way in which they are used. We shall likewise not assume any liability for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the Buyer or a third party, natural wear and tear, as for damages caused by incorrect or negligent handlingtreatment, excessive loadsuse and strain, inappropriate working materialsimproper operating material or because of particular external influences after passing of risk, being not a prerequisite according to the entry of foreign bodies, defective agreement. Should improper maintenance work undertaken on or alterations be carried out by the goods by a customer or any third party or outside influencesso there also shall exist no claims for defects for the aforementioned and for the results arising from them. 10.6 7.5 We shall only be liable for third-party products according to the same extent with regards to time and materials warranted by our subcontractor to us. 10.7 The Buyer must grant us legal provisions as far as the time and opportunity required to carry out repairs or replace the goods. Failure to do so shall release us from our liability customer will claim for defects. The Buyer must provide assistants in this regard. 10.8 We shall not be obliged to remedy defects if the Buyer has failed to meet his contractual obligations thus far – payment obligations in particular. 10.9 We shall no longer be liable for defects if the Buyer or third parties commissioned by him undertake modifications or repair work compensation basing on the goods – also for commissioning – without first obtaining our written approval. 10.10 If the Buyer asserts claims for damages based on intent purpose or gross negligence, . As far as we shall cannot be liable as per blamed for intentional breach of contract so the statutory provisions. This shall also apply in the case of intent or gross negligence of our representatives or vicarious agents. Provided we are not accused of intentionally breaching the contract, our liability for damages is limited to foreseeable, typically occurring damage. 10.11 If we culpably violate an essential contractual obligation, we shall be liable in accordance with the statutory provisions. However, in this case, our liability for damages shall be limited to foreseeable, the predictably typically occurring arising damage. 10.12 Liability 7.6 We shall be liable according to the legal provisions as far as we culpably violate any material contractual obligation; in this case, however, the liability for damages shall be limited to the predictably typically arising damage. 7.7 The liability for a culpable injury to violation of life, body or health remains unaffected by the above provisionsshall be unaffected; this shall also applies be valid for the compulsory liability obligations according to mandatory liability as per the German Product Liability Act. 10.13 7.8 The Buyer does not receive any period of warranty shall be 1 year starting with the passing of risk. The legal guarantees term of limitation shall be valid for claims for damages in this regardcase of purpose and gross negligence as well as for violation of life, body, and health which are based on an intentio- nal or negligent breach of duty of the user. 10.14 7.9 The term of limitation in case of a delivery recourse according to §§ 478, 478 BGB (= Civil Code) shall remain unaffected. 7.10 Claims of the customer because of the expenses required for the purpose of supplementary performance, particularly transport, travel, labor, and material costs shall be excluded, as 7.11 Recourse claims of the customer against us shall only exist, if the customer has made no agreements going beyond the legally binding claims for defects with its customer. Furthermore section 6 shall become statute-barred 12 months after accordingly be valid for the transfer scope of riskthe recourse claim of the customer against the supplier.

Liability for defects. With a. The customer is obliged to examine the exclusion goods without delay and to give us notice in writing within ten days after receipt of further claimsthe goods of such defects as are obvious and recognizable by proper examination. In case of such defects that are not obvious and recognizable by proper examination, we the customer shall be liable for the following defects give us notice in delivery: 10.1 We must be immediately informed of any defects in writingwriting within ten days after discovery. If the Buyer customer fails to notify us in a timely mannermeet the deadline for notification, he is not entitled to any claims regarding the delivery shall be deemed accepted according to the contractdefects concerned. 10.2 In b. If the case customer gives us notice of a the defect that renders in time, it is at our discretion to rectify the product demonstrably unusable defects or significantly restricted in its usability that can be attributed to an event that occurred prior to the transfer of risk – in particular due to faulty design, substandard building materials or poor workmanship – we are at liberty to decide whether to repair or replace the faulty product. In the case we elect to replace the faulty productitem (subsequent performance). Should the cost of subsequent performance amount to more than 50% of the value of the goods delivered, we are entitled to refuse a subsequent performance. c. In case the subsequent performance fails, is not carried out in time or is refused, the received goods shall become our property. 10.3 If we seriously and definitively refuse customer is entitled to repair or replace choose between withdrawal from the faulty goods due to disproportionately higher costsContract, or fail in our efforts of subsequent performance, or the Buyer is unreasonable, the Buyer is at liberty to demand a reduction of the purchase price corresponding to the decrease in value caused by the price, to withdraw from the contract defect (abatement) or seek compensation for damages – within the framework limits of the limitation following paragraphs – claim of liability as per Sections 10.10 and 10.11 in place compensation instead of demanding repair or replacementperformance. However, in the event In case of an insignificant contractual violation, particularly for insignificant minor defects, the Buyer shall customer is not be entitled to withdraw from the contractContract. 10.4 Insofar d. In case of consequential harm caused by defective goods leading to an injury of persons, to damage falling within the law dated April 21, 1989 as amended on the Buyer’s complaint civil liability caused by defective goods or in case of damage caused willfully or through gross negligence, our liability is justifiedbased on the legal provisions. e. In case of damage resulting from a negligent breach of a fundamental contractual obligation, we shall bear the costs our liability is limited to compensation for damage typical of the replacement part exContract. f. Any further contractual or delicteous liability, especially for damage to objects other than the goods delivered to the customer, for loss of profit or other financial damage is hereby excluded. g. In case of any breach of pre-works arising from contractual obligations or any impediment to performance already existing at the direct costs time the Contract is concluded, our liability is limited to compensation for damage through or loss incurred by relying on the repair or replacement. The Buyer shall bear all other costs, including travel and assembly costs. If the defect occurs at validity of a location situated more than 100 km away from our production facilities in Regenstauf, the Buyer is obligated to return the faulty goods declaration. h. Clauses d) – g) also apply to our Regenstauf production facilities at our expense, if we so request. We shall pay the required shipment costs. 10.5 We shall not assume any tortuous liability for delivered parts that are subject and claims to premature wear and tear as the result of their material composition or the way in which they are used. We shall likewise not assume any liability for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the Buyer or a third party, natural wear and tear, incorrect or negligent handling, excessive loads, inappropriate working materials, the entry other breaches of foreign bodies, defective work undertaken on the goods by a third party or outside influencesobligations. 10.6 We shall only be liable for third-party products i. The aforementioned exclusions or limitations of liability also apply to the same extent with regards to time and materials warranted by our subcontractor to us. 10.7 The Buyer must grant us the time and opportunity required to carry out repairs or replace the goods. Failure to do so shall release us from our personal liability for defects. The Buyer must provide assistants in this regard. 10.8 We shall not be obliged to remedy defects if the Buyer has failed to meet his contractual obligations thus far – payment obligations in particular. 10.9 We shall no longer be liable for defects if the Buyer or third parties commissioned by him undertake modifications or repair work on the goods – also for commissioning – without first obtaining our written approval. 10.10 If the Buyer asserts claims for damages based on intent or gross negligence, we shall be liable as per the statutory provisions. This shall also apply in the case of intent or gross negligence of our employees, workers, freelances, representatives or and vicarious agents. Provided we are not accused of intentionally breaching the contract, our liability for damages is limited to foreseeable, typically occurring damage. 10.11 If we culpably violate an essential contractual obligation, we shall be liable in accordance with the statutory provisions. However, in this case, our liability for damages shall be limited to foreseeable, typically occurring damage. 10.12 Liability for culpable injury to life, body or health remains unaffected by the above provisions; this also applies to mandatory liability as per the German Product Liability Act. 10.13 The Buyer does not receive any legal guarantees in this regard. 10.14 Claims for defects shall become statute-barred 12 months after the transfer of risk.

Liability for defects. With 7.1 Claims for defects of the exclusion of further claims, we customer shall be liable for the following defects in delivery: 10.1 We must be immediately informed of any defects in writing. If the Buyer fails to notify us in a timely manner, the delivery shall be deemed accepted according to the contractrequire that it has or- xxxxx executed its investigation and complaint obligations. 10.2 In the case of 7.2 As far as there should be a defect that renders the product demonstrably unusable or significantly restricted in its usability that can be attributed to an event that occurred prior to the transfer of risk – in particular due to faulty design, substandard building materials or poor workmanship – we are at liberty to decide whether to repair or replace the faulty product. In the case we elect to replace the faulty product, the received goods shall become our property. 10.3 If we seriously and definitively refuse to repair or replace the faulty goods due to disproportionately higher costs, or fail in our efforts of subsequent performance, or the Buyer is unreasonable, the Buyer is at liberty to demand a reduction in the price, to withdraw from the contract or seek compensation for damages within the framework of the limitation of liability as per Sections 10.10 and 10.11 in place of demanding repair or replacement. However, in purchased goods so the event of an insignificant contractual violation, particularly for insignificant defects, the Buyer customer shall not be entitled to withdraw from a supplementary performance of its choice in the contractway of a removal of defects or to the delivery of new goods free of defects. The customer shall always give us the opportunity to a supplementary performance within an adequate time limit, rights of recourse shall be unaffected without limitation by the aforementioned regulation. 10.4 Insofar as 7.3 Should the Buyer’s complaint is justifiedsupplementary performance fail, we so the customer shall bear the costs be entitled to claim for resignation or a reduction. 7.4 Claims for defects shall not exist for an only insignificant de- viation of the replacement part ex-works arising from agreed quality, for an only insignificant reduction of the direct costs incurred by the repair or replacement. The Buyer shall bear all other costsusability, including travel and assembly costs. If the defect occurs at a location situated more than 100 km away from our production facilities in Regenstauf, the Buyer is obligated to return the faulty goods to our Regenstauf production facilities at our expense, if we so request. We shall pay the required shipment costs. 10.5 We shall not assume any liability for delivered parts that are subject to premature wear and tear as the result of their material composition or the way in which they are used. We shall likewise not assume any liability for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the Buyer or a third party, natural wear and tear, as for damages caused by incorrect or negligent handlingtreatment, excessive loadsuse and strain, inappropriate working materialsimpro- per operating material or because of particular external influen- ces after passing of risk, being not a prerequisite according to the entry of foreign bodies, defective agreement. Should improper maintenance work undertaken on or alterations be carried out by the goods by a customer or any third party or outside influencesso there also shall exist no claims for defects for the aforementioned and for the re- sults arising from them. 10.6 7.5 We shall only be liable for third-party products according to the same extent with regards to time and materials warranted by our subcontractor to us. 10.7 The Buyer must grant us legal provisions as far as the time and opportunity required to carry out repairs or replace the goods. Failure to do so shall release us from our liability customer will claim for defects. The Buyer must provide assistants in this regard. 10.8 We shall not be obliged to remedy defects if the Buyer has failed to meet his contractual obligations thus far – payment obligations in particular. 10.9 We shall no longer be liable for defects if the Buyer or third parties commissioned by him undertake modifications or repair work compensation basing on the goods – also for commissioning – without first obtaining our written approval. 10.10 If the Buyer asserts claims for damages based on intent purpose or gross negligence, . As far as we shall cannot be liable as per blamed for intentional breach of contract so the statutory provisions. This shall also apply in the case of intent or gross negligence of our representatives or vicarious agents. Provided we are not accused of intentionally breaching the contract, our liability for damages is limited to foreseeable, typically occurring damage. 10.11 If we culpably violate an essential contractual obligation, we shall be liable in accordance with the statutory provisions. However, in this case, our liability for damages shall be limited to foreseeable, the pre- dictably typically occurring arising damage. 10.12 Liability 7.6 We shall be liable according to the legal provisions as far as we culpably violate any material contractual obligation; in this case, however, the liability for damages shall be limited to the predicta- xxx typically arising damage. 7.7 The liability for a culpable injury to violation of life, body or health remains unaffected by the above provisionsshall be unaffected; this shall also applies be valid for the compulsory liability obligations according to mandatory liability as per the German Product Liability Act. 10.13 7.8 The Buyer does not receive any period of warranty shall be 1 year starting with the passing of risk. The legal guarantees term of limitation shall be valid for claims for damages in this regardcase of purpose and gross negligence as well as for violation of life, body, and health which are based on an intentio- nal or negligent breach of duty of the user. 10.14 7.9 The term of limitation in case of a delivery recourse according to §§ 478, 478 BGB (= Civil Code) shall remain unaffected. 7.10 Claims of the customer because of the expenses required for the purpose of supplementary performance, particularly trans- port, travel, labor, and material costs shall be excluded, as far as the expenses will increase because the goods delivered by us have been transported to another place as the place of business of the customer afterwards, unless the transport is according to the contractual use. 7.11 Recourse claims of the customer against us shall only exist, if the customer has made no agreements going beyond the legally binding claims for defects with its customer. Furthermore section 6 shall become statute-barred 12 months after accordingly be valid for the transfer scope of riskthe recourse claim of the customer against the supplier.

Liability for defects. With 1. The supplier shall ensure that the exclusion of further claimsgoods comply with our specifications, we including their package design and labeling. Our order or our commission shall be liable for executed in a professional and proper manner and in accordance with the following state of the art. 2. The statutory provisions relating to material defects and defects in delivery:title shall apply, to the extent that nothing is agreed to the contrary hereinafter. 10.1 3. We must shall be required to inform the supplier immediately informed of any defects in writingor the defective execution of a delivery, as soon as they are identified in the context of a standard commercial procedure. If In the Buyer fails event of the delivery of defective goods the supplier shall be given the opportunity to notify us in a timely mannerrectify the defects (by reworking/redelivery). We shall be entitled to select one of these options at our discretion. Subject to the conditions of Section 439(2) of the German Civil Code (Bürgerliches Gesetzbuch), the delivery supplier shall be deemed accepted according entitled to reject the contractmode of rectification selected by us. In urgent cases we shall be entitled to rectify any defect ourselves, or to have such defect rectified by a third party. In particular, an urgent case shall arise where to avoid severe risk or significant damage it becomes impossible or unreasonable to inform the supplier of the damage and to set the supplier a deadline, albeit a short one, to take remedial action. The supplier must be informed immediately of such a procedure. The supplier shall reimburse to us any costs incurred in connection therewith. 10.2 4. In the event that compensation is paid in respect of damage suffered, the supplier shall be obliged to compensate us for any damage which we suffer directly and/or indirectly as the result of a defect. This shall also include compensation in respect of consequential damage. 5. Should any procurement risk be assumed and/or a guarantee given, the supplier shall be liable regardless of culpability. 6. The warranty period shall as a rule be three years from the date of the delivery of the goods (transfer of risk). Such warranty period shall be extended correspondingly whenever we are obliged to grant our customers longer warranty periods. Should any claim be brought against us on the basis of any right of recourse within the meaning of Section 478 BGB, the periods stipulated in that section shall apply. 7. In the case of any defects of title for which he is responsible, the supplier shall indemnify us in respect of any third-party claims. 8. As regards parts delivered as replacements during the warranty period, the statute of limitations shall regularly begin to run again from the date of such a defect that renders substitute delivery. For parts repaired within the product demonstrably unusable or significantly restricted in its usability that can be attributed to an event that occurred prior warranty period, the restart of the statute of limitations shall only apply to the transfer original defect and the consequences of risk – in particular due the reworking. It shall not apply where the supplier expressly and rightfully reserves the right to faulty designperform the repair solely out of goodwill, substandard building materials to avoid disputes or poor workmanship – we are at liberty with a view to decide whether to repair or replace upholding the faulty product. In the case we elect to replace the faulty product, the received goods shall become our propertysupply relationship. 10.3 If 9. Should we seriously and definitively refuse to repair or replace the faulty goods due to disproportionately higher costs, or fail in our efforts of subsequent performance, or the Buyer is unreasonable, the Buyer is at liberty to demand a reduction in the price, to withdraw from the contract or seek compensation for damages within the framework of the limitation of liability as per Sections 10.10 and 10.11 in place of demanding repair or replacement. However, in the event of an insignificant contractual violation, particularly for insignificant defects, the Buyer shall not be entitled to withdraw from the contract. 10.4 Insofar as the Buyer’s complaint is justified, we shall bear the incur costs of the replacement part ex-works arising from the direct costs incurred by the repair or replacement. The Buyer shall bear all other costs, including travel and assembly costs. If the defect occurs at a location situated more than 100 km away from our production facilities in Regenstauf, the Buyer is obligated to return the faulty goods to our Regenstauf production facilities at our expense, if we so request. We shall pay the required shipment costs. 10.5 We shall not assume any liability for delivered parts that are subject to premature wear and tear as the result of their any defective delivery or other defective performance, and in particular transport costs, material composition costs, labor costs, replacement costs or the way in which they are used. We shall likewise not assume any liability for damages resulting from inappropriate or improper use, faulty assembly or commissioning by cost of an incoming inspection exceeding the Buyer or a third party, natural wear and tear, incorrect or negligent handling, excessive loads, inappropriate working materialsordinary scope, the entry of foreign bodies, defective work undertaken on the goods by a third party or outside influences. 10.6 We supplier shall only be liable for third-party products obliged to the same extent with regards to time and materials warranted by our subcontractor reimburse such costs to us. 10.7 The Buyer must grant us the time and opportunity required to carry out repairs or replace the goods. Failure to do so shall release us from our liability for defects. The Buyer must provide assistants in this regard. 10.8 We shall not be obliged to remedy defects if the Buyer has failed to meet his contractual obligations thus far – payment obligations in particular. 10.9 We shall no longer be liable for defects if the Buyer or third parties commissioned by him undertake modifications or repair work on the goods – also for commissioning – without first obtaining our written approval. 10.10 If the Buyer asserts claims for damages based on intent or gross negligence, we shall be liable as per the statutory provisions. This shall also apply in the case of intent or gross negligence of our representatives or vicarious agents. Provided we are not accused of intentionally breaching the contract, our liability for damages is limited to foreseeable, typically occurring damage. 10.11 If we culpably violate an essential contractual obligation, we shall be liable in accordance with the statutory provisions. However, in this case, our liability for damages shall be limited to foreseeable, typically occurring damage. 10.12 Liability for culpable injury to life, body or health remains unaffected by the above provisions; this also applies to mandatory liability as per the German Product Liability Act. 10.13 The Buyer does not receive any legal guarantees in this regard. 10.14 Claims for defects shall become statute-barred 12 months after the transfer of risk.

Liability for defects. With (1) Claims for defects on part of the exclusion customer are subject to the proviso that the obligations to inspect and give notification of further claimsdefects as defined in Sections §§ 377, 378 of the German Commercial Code (HGB) have been met by the customer. (2) Where the purchase item is defective, the customer is entitled to choose the form of supplementary performance at their own discretion, either by elimination of defects or by replacement with a new defect-free item. In case of an elimination of defects or a replacement delivery, we shall be liable are obligated to bear all expenses incurring for the following defects in delivery: 10.1 We must be immediately informed of any defects in writing. If the Buyer fails to notify us in a timely manner, the delivery shall be deemed accepted according to the contract. 10.2 In the case of a defect that renders the product demonstrably unusable or significantly restricted in its usability that can be attributed to an event that occurred prior to the transfer of risk – in particular due to faulty design, substandard building materials or poor workmanship – we are at liberty to decide whether to repair or replace the faulty product. In the case we elect to replace the faulty product, the received goods shall become our property. 10.3 If we seriously and definitively refuse to repair or replace the faulty goods due to disproportionately higher costs, or fail in our efforts purpose of subsequent performance, or i.e. in particular any costs incurring for transport, road charges, labour and material, unless these costs increase due to the Buyer is unreasonablefact that the purchase item was brought to a location other than the place of delivery. (3) If subsequent performance fails, the Buyer is customer may at liberty their own discretion choose to demand a reduction in the price, to either withdraw from the contract or seek compensation for damages within the framework of the limitation of liability as per Sections 10.10 and 10.11 in place of demanding repair or replacement. However, in the event of an insignificant contractual violation, particularly for insignificant defects, the Buyer shall not be entitled to withdraw from the contractdemand a reduction. 10.4 Insofar as (4) We are liable in accordance with the Buyer’s complaint is justifiedstatutory provisions, we shall bear where the costs of the replacement part ex-works arising from the direct costs incurred by the repair or replacement. The Buyer shall bear all other costs, including travel and assembly costs. If the defect occurs at a location situated more than 100 km away from our production facilities in Regenstauf, the Buyer is obligated to return the faulty goods to our Regenstauf production facilities at our expense, if we so request. We shall pay the required shipment costs. 10.5 We shall not assume any liability for delivered parts that are subject to premature wear and tear as the result of their material composition or the way in which they are used. We shall likewise not assume any liability for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the Buyer or a third party, natural wear and tear, incorrect or negligent handling, excessive loads, inappropriate working materials, the entry of foreign bodies, defective work undertaken on the goods by a third party or outside influences. 10.6 We shall only be liable for third-party products to the same extent with regards to time and materials warranted by our subcontractor to us. 10.7 The Buyer must grant us the time and opportunity required to carry out repairs or replace the goods. Failure to do so shall release us from our liability for defects. The Buyer must provide assistants in this regard. 10.8 We shall not be obliged to remedy defects if the Buyer has failed to meet his contractual obligations thus far – payment obligations in particular. 10.9 We shall no longer be liable for defects if the Buyer or third parties commissioned by him undertake modifications or repair work on the goods – also for commissioning – without first obtaining our written approval. 10.10 If the Buyer customer asserts damage claims for damages based on intent or gross negligence, we shall be liable as per including the statutory provisions. This shall also apply in the case of intent or gross negligence of our representatives authorised representative or vicarious agents. Provided Where we are not accused charged with an intentional breach of intentionally breaching the contract, our liability for damages is damage compensation shall be limited to the typically occurring damage. (5) We are liable in accordance with the statutory provisions where we culpably violate a material contractual obligation; however, also in this case, damage compensation shall be limited to the foreseeable, typically occurring damage. 10.11 If we culpably violate (6) Where the customer is otherwise entitled to assert damage compensation in lieu of performance due to the negligent breach of an essential contractual obligation, we shall be liable in accordance with the statutory provisions. However, in this case, our liability for damages shall be to provide compensation is limited to the foreseeable, typically occurring damage. 10.12 (7) Liability for on account of culpable loss of life or injury to life, body limb or health remains shall remain unaffected by the above provisionsof this; this also applies to mandatory liability as per in accordance with the German Product Liability Act. 10.13 The Buyer does not receive any legal guarantees in this regard(8) Unless specified otherwise above, liability is excluded. 10.14 Claims (9) The limitation period for claims for defects shall become statute-barred is 12 months after months, from the transfer of risk. This shall not apply where the purchase item causing the defect is normally used in buildings. (10) The limitation period in case of a delivery recourse as defined in Sections 478, 479 of the German Civil Code (BGB) shall remain unaffected of this; this is five years, starting from the delivery of the defective item.

Liability for defects. With 6.1 We guarantee that the exclusion of further claimsordered goods are free from defects, we shall be liable in accordance with the latest technology. 6.2 Xxxxx claims for the following remedy of defects in delivery:are generally limited to demands for subsequent performance, 10.1 i.e. improvement or replacement. We must be immediately informed of any defects in writingare entitled to choose between repair and replacement. If the Buyer fails to notify us in a timely mannerrepair or replacement fails, the delivery shall be deemed accepted according Buyer may claim a price reduction or withdraw from the Agreement. The repair is consi- dered to have failed when and if a deadline for subsequent performance expires without result. The terms for exercising the contractright of withdrawal are established under §323 BGB. 10.2 In 6.3 The statute of limitation for defects in the case of a defect that renders the product demonstrably unusable or significantly restricted in its usability that can be attributed to an event that occurred prior to the transfer of risk – in particular due to faulty design, substandard building materials or poor workmanship – we are at liberty to decide whether to repair or replace the faulty product. In the case we elect to replace the faulty product, the received newly manufactured goods shall become our property. 10.3 If we seriously and definitively refuse to repair or replace the faulty goods due to disproportionately higher costs, or fail in our efforts of subsequent performance, or the Buyer is unreasonable, the Buyer is at liberty to demand a reduction in the price, to withdraw one year from the contract or seek compensation for damages within the framework deli- very of the limitation goods. Used goods are sold under exclusion of liability as per Sections 10.10 and 10.11 in place of demanding repair or replacement. However, in the event of an insignificant contractual violation, particularly for insignificant defects, the Buyer shall not be entitled to withdraw from the contract. 10.4 Insofar as the Buyer’s complaint is justified, we shall bear the costs of the replacement part ex-works arising from the direct costs incurred by the repair or replacement. The Buyer shall bear all other costs, including travel and assembly costs. If the defect occurs at a location situated more than 100 km away from our production facilities in Regenstauf, the Buyer is obligated to return the faulty goods to our Regenstauf production facilities at our expense, if we so request. We shall pay the required shipment costs. 10.5 We shall not assume any liability for delivered parts that are subject to premature wear and tear as the result of their material composition or the way in which they are used. We shall likewise not assume any liability for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the Buyer or a third party, natural wear and tear, incorrect or negligent handling, excessive loads, inappropriate working materials, the entry of foreign bodies, defective work undertaken on the goods by a third party or outside influencesdefects. 10.6 6.4 We shall only be are liable for third-party products to under the same extent with regards to time and materials warranted by our subcontractor to us. 10.7 The Buyer must grant us the time and opportunity required to carry out repairs or replace the goods. Failure to do so shall release us from our liability for defects. The Buyer must provide assistants in this regard. 10.8 We shall not be obliged to remedy defects if the Buyer has failed to meet his contractual obligations thus far – payment obligations in particular. 10.9 We shall no longer be liable for defects if the Buyer or third parties commissioned by him undertake modifications or repair work on the goods – also for commissioning – without first obtaining our written approval. 10.10 If applicable legal regulations insofar as the Buyer asserts claims for damages based on malice, intent or gross negligence, we shall be liable as per the statutory provisions. This shall also apply in the case of including malice, intent or gross negligence of by our representatives representa- tives or vicarious agents. Provided we are not accused Unless an intentional breach of intentionally breaching the contractcontract is attributed to us, our liability for damages is limited to foreseeable, typically occurring damage. 10.11 If we culpably violate an essential contractual obligation. Moreover, claims for compensation are excluded. In particular, we shall be are not liable in accordance with the statutory provisions. However, in this case, our liability for damages shall be limited that did not occur to foreseeablethe delivered item itself, typically occurring damage. 10.12 Liability for culpable unless this involves injury to life, body limb and/ or health remains unaffected by health. This shall not affect the above provisions; this also applies to mandatory liability as per under the German Product Liability Act. 10.13 The Buyer does not receive any legal guarantees in this regard6.5 For repairs, we are obliged to bear all expenses required to remedy the defect, particularly transport, travel, labor and material costs, unless these costs increase as a result of the goods being transported to a place other than the place of performance. 10.14 Claims 6.6 The above provisions shall also apply to damages that may occur during the remedy of defects or the exchange of products within the scope of liability for defects. 6.7 The Buyer’s claims under the liability for defects require that the latter has fulfilled its obligations to duly and promptly inspect and to give notice of such defects in accordance with §377 of the Commercial Code (HGB). Any defects, damages and deviations in quantity shall become statute-barred 12 months be reported to us immediately in writing, i. e. no later than 7 calendar days after delivery in the transfer case of riskidentifiable defects, and for other defects that cannot be discovered within this period after careful inspection, no later than 7 days after their discovery. If no notice is received in a timely manner, no further claims can be asserted against us. 6.8 In case of notice of defect, we reserve the right to view and inspect the goods in question under unchan- ged conditions. 6.9 The assertion of contractual claims due to a defect requires that any warranty claims have already been brought against the manufacturer and were unsuccessful.

Liability for defects. With 1. Statements as to condition and durability and other statements shall only then be considered as independent guarantees if they as such have expressly been agreed and named. We do not assume liability for defects for the exclusion final products to be produced out of further claims, the components to be delivered by us. Specifically we shall not be liable as to functions and possibili- ties for use of such products. Use, application and further production of these products occur outside of our possibilities of control and are therefore exclusively the following defects in delivery: 10.1 We must be immediately informed responsibility of any defects in writingthe Buyer. If the Buyer fails Our consulting as to notify us in a timely manner, the delivery shall be deemed accepted application technology oc- curs according to the contract. 10.2 In the case best knowledge, shall however only be considered as non-binding indication. Also as to potential intel- lectual property rights of a defect that renders the product demonstrably unusable or significantly restricted in its usability that can be attributed to an event that occurred prior to the transfer of risk – in particular due to faulty design, substandard building materials or poor workmanship – we are at liberty to decide whether to repair or replace the faulty product. In the case we elect to replace the faulty product, the received goods shall become our property. 10.3 If we seriously and definitively refuse to repair or replace the faulty goods due to disproportionately higher costs, or fail in our efforts of subsequent performance, or the Buyer is unreasonable, the Buyer is at liberty to demand a reduction in the price, to withdraw from the contract or seek compensation for damages within the framework of the limitation of liability as per Sections 10.10 and 10.11 in place of demanding repair or replacement. However, in the event of an insignificant contractual violation, particularly for insignificant defects, third parties the Buyer shall not be entitled to withdraw freed from his own analysis whether the contractproducts delivered by us can be used for the intended procedures and purposes. 10.4 Insofar as the Buyer’s complaint is justified, we 2. The statute of limitation for defects in case of newly produced goods shall bear the costs be one year. The sale of used goods shall always occur under complete exclusion of any liability for defects. 3. The claims of the replacement part ex-works arising from Buyer to remove defects shall initially be restricted to a claim for additional performance, this means removal of the direct costs incurred by defect or delivery of another good. We have the repair right to choose between removal of the defect or replacement. The Buyer shall bear all other costs, including travel and assembly costsdelivery of another good. If the removal of the defect occurs at a location situated more than 100 km away from our production facilities in Regenstauf, or the delivery of another good has failed the Buyer is obligated shall have the right to return either reduce the faulty goods purchase price or to our Regenstauf production facilities at our expense, rescind the contract. The removal of the defect shall be considered as having failed if we so requestand insofar as a reasonable time period granted to us for the additional performance has expired without result. The requirements to exercise the right to rescind the contract shall be governed by Sec. 323 German Civil Code. 4. We shall pay the required shipment costs. 10.5 We shall not assume any liability for delivered parts that are subject to premature wear and tear as the result of their material composition or the way in which they are used. We shall likewise not assume any liability for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the Buyer or a third party, natural wear and tear, incorrect or negligent handling, excessive loads, inappropriate working materials, the entry of foreign bodies, defective work undertaken on the goods by a third party or outside influences. 10.6 We shall only be liable for third-party products according to the same extent with regards to time and materials warranted by our subcontractor to us. 10.7 The Buyer must grant us the time and opportunity required to carry out repairs or replace the goods. Failure to do so shall release us from our liability for defects. The Buyer must provide assistants in this regard. 10.8 We shall not be obliged to remedy defects statutory provisions if the Buyer has failed to meet his contractual obligations thus far – payment obligations in particular. 10.9 We shall no longer be liable for defects if the Buyer or third parties commissioned by him undertake modifications or repair work on the goods – also for commissioning – without first obtaining our written approval. 10.10 If the Buyer asserts brings forward damage claims for damages which are based on deceit, intent or gross negligence, we shall be liable as per the statutory provisions. This shall also apply in the case of including deceit, intent or gross negligence of our representatives or vicarious agentsauxiliary persons. Provided Insofar as we are not accused confronted with an intentional violation of intentionally breaching contract the contract, our liability for damages is shall be limited to the foreseeable, typically occurring damage. 10.11 If we culpably violate an essential contractual obligation, we shall be liable in accordance with the statutory provisionsdamages. However, in this case, our All other liability for damages shall be limited excluded; insofar we shall specifically not be liable for damages which do not occur to foreseeablethe good delivered, typically occurring damage. 10.12 Liability for culpable injury to unless a violation of life, body or and/or health remains unaffected is given. 5. In case of removal of the defect we shall bear all costs connected therewith, especially transportation cost, travel cost, labour cost and material cost unless the costs are increased by the above provisions; this also applies fact that the good has been moved to mandatory liability as per another place than the German Product Liability Actplace of delivery. 10.13 6. The claims of the Buyer does not receive any legal guarantees for damages require that the Buyer meet his duties to inspect and give notice of a defect dis- covered as contained in this regardSec. 377 German Civil Code in an appropriate and timely manner. 10.14 Claims for defects shall become statute-barred 12 months after the transfer of risk.

Liability for defects. With 1. The rights of the exclusion of further claims, we shall be liable for the following customer as regards complaining about defects in delivery: 10.1 We must be immediately informed require that it has duly fulfilled its duty to examine and give notice of any defects in writing. If the Buyer fails to notify us in a timely manner, the delivery shall be deemed accepted according to the contractaccordance with § 377 HGB. 10.2 In 2. Insofar as the case object of sale has a defect that renders the product demonstrably unusable or significantly restricted in its usability that can be attributed to an event that occurred prior to the transfer of risk – in particular due to faulty designdefect, substandard building materials or poor workmanship – we are at liberty entitled, as we see fit, to decide whether to repair carry out supplementary performance either by remedying the defect or replace the faulty productdelivering a new, flawless object. In the case event of remedying the defect we elect are obligated to replace bear any expenses necessary for the faulty productpurpose of remedying the defect, in particular the costs of transport, infrastructure, labour and materials insofar as such do not increase due to the fact that the object of sale was taken to a place different from the place of performance. 3. If supplementary performance fails, the received goods shall become our property. 10.3 If we seriously and definitively refuse customer is entitled to repair or replace the faulty goods due to disproportionately higher costs, or fail in our efforts of subsequent performance, or the Buyer is unreasonable, the Buyer is at liberty to demand a reduction in the price, to withdraw from rescind the contract or seek compensation for damages within the framework of the limitation of liability as per Sections 10.10 and 10.11 in place of demanding repair or replacement. However, in the event of an insignificant contractual violation, particularly for insignificant defects, the Buyer shall not be entitled to withdraw from the contractdemand a reduction. 10.4 Insofar 4. We are liable in accordance with the statutory regulations insofar as the Buyer’s complaint is justified, we shall bear the costs of the replacement part ex-works arising from the direct costs incurred by the repair or replacement. The Buyer shall bear all other costs, including travel and assembly costs. If the defect occurs at a location situated more than 100 km away from our production facilities in Regenstauf, the Buyer is obligated to return the faulty goods to our Regenstauf production facilities at our expense, if we so request. We shall pay the required shipment costs. 10.5 We shall not assume any liability for delivered parts customer asserts damage claims that are subject to premature wear and tear as the result of their material composition or the way in which they are used. We shall likewise not assume any liability for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the Buyer or a third party, natural wear and tear, incorrect or negligent handling, excessive loads, inappropriate working materials, the entry of foreign bodies, defective work undertaken on the goods by a third party or outside influences. 10.6 We shall only be liable for third-party products to the same extent with regards to time and materials warranted by our subcontractor to us. 10.7 The Buyer must grant us the time and opportunity required to carry out repairs or replace the goods. Failure to do so shall release us from our liability for defects. The Buyer must provide assistants in this regard. 10.8 We shall not be obliged to remedy defects if the Buyer has failed to meet his contractual obligations thus far – payment obligations in particular. 10.9 We shall no longer be liable for defects if the Buyer or third parties commissioned by him undertake modifications or repair work on the goods – also for commissioning – without first obtaining our written approval. 10.10 If the Buyer asserts claims for damages based on intent or gross negligence, we shall be liable as per including the statutory provisions. This shall also apply in the case of intent or gross negligence of our representatives or vicarious agents. Provided Insofar as we are not accused assigned the blame of intentionally breaching violating the contractcontract with intent, our liability for compensation for damages is limited to foreseeable, foreseeable damage that typically occurring damageoccurs. 10.11 If 5. We are liable in accordance with the statutory regulations insofar as we culpably violate an essential contractual obligation, we shall be liable in accordance with the statutory provisions. However, ; in this case, however, liability for compensation for damages is limited to foreseeable damage that typically occurs. 6. Insofar as the customer is entitled to compensation for damages instead of for performance, our liability for damages shall be is limited to foreseeablecompensating foreseeable damage that typically occurs, typically occurring damagealso within the scope of subsection 3. 10.12 7. Liability for due to culpable injury to life, body limb or health remains unaffected by the above provisionsunaffected; this also applies to mandatory any liability as per the German Product Liability Actpursuant to product liability law. 10.13 The Buyer does not receive any legal guarantees in this regard8. Unless otherwise provided for above, liability is excluded. 10.14 Claims 9. The statutory period of limitation for defects shall become statute-barred warranty claims is 12 months after calculated as of the transfer passing of risk. 10. The statutory period of limitation in the event of delivery recourse in accordance with §§ 478, 479 BGB remains unaffected; it is 5 years calculated as of delivery of the defective object.

Liability for defects. With (1) The customer’s claims for defects are subject to him fulfilling his duty to inspect for and to give notification of defects under sec. 377 HGB (German Commercial Code). (2) Where the exclusion of further claimsdelivered goods are defective, we shall be liable for the following defects in delivery: 10.1 We must be immediately informed of any defects in writing. If the Buyer fails to notify us in a timely mannershall, the delivery shall be deemed accepted according to the contract. 10.2 In the case of a defect that renders the product demonstrably unusable or significantly restricted in its usability that can be attributed to an event that occurred prior to the transfer of risk – in particular due to faulty designat our option, substandard building materials or poor workmanship – we are at liberty to decide whether to repair or replace the faulty product. In the case we elect to replace the faulty product, the received goods shall become our property. 10.3 If we seriously and definitively refuse to repair or replace the faulty goods due to disproportionately higher costs, or fail in our efforts of subsequent performance, or the Buyer is unreasonable, the Buyer is at liberty to demand a reduction in the price, to withdraw from the contract or seek compensation for damages within the framework of the limitation of liability as per Sections 10.10 and 10.11 in place of demanding repair or replacement. However, in the event of an insignificant contractual violation, particularly for insignificant defects, the Buyer shall not be entitled to withdraw cure by way of remedying the defect or by delivering new goods free from the contract. 10.4 Insofar as the Buyer’s complaint defects. Where cure is justifiedchosen, we shall bear the costs expenditures required up to the amount of the replacement part ex-works arising purchase price. (3) Where cure fails, the customer shall, at his option and subject to statutory requirements, be entitled to claim withdrawal from the direct costs incurred by the repair contract or replacement. The Buyer shall bear all other costs, including travel and assembly costs. If the defect occurs at a location situated more than 100 km away from our production facilities reduction in Regenstauf, the Buyer is obligated to return the faulty goods to our Regenstauf production facilities at our expense, if we so request. price. (4) We shall pay the required shipment costs. 10.5 We shall not assume any liability for delivered parts that are subject to premature wear and tear as the result of their material composition or the way in which they are used. We shall likewise not assume any liability for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the Buyer or a third party, natural wear and tear, incorrect or negligent handling, excessive loads, inappropriate working materials, the entry of foreign bodies, defective work undertaken on the goods by a third party or outside influences. 10.6 We shall only be liable for third-party products pursuant to the same extent with regards to time and materials warranted by our subcontractor to us. 10.7 The Buyer must grant us statutory provisions, where the time and opportunity required to carry out repairs or replace the goods. Failure to do so shall release us from our liability for defects. The Buyer must provide assistants in this regard. 10.8 We shall not be obliged to remedy defects if the Buyer has failed to meet his contractual obligations thus far – payment obligations in particular. 10.9 We shall no longer be liable for defects if the Buyer or third parties commissioned by him undertake modifications or repair work on the goods – also for commissioning – without first obtaining our written approval. 10.10 If the Buyer customer asserts claims for damages based on intent or gross negligence, we shall be liable as per including the statutory provisions. This shall also apply in the case of intent or gross negligence of our representatives or vicarious agentsof persons whom we use to perform our obligations. Provided To the extent that we are not accused of intentionally breaching the contract, our liability for damages is limited to foreseeable, typically occurring damage. 10.11 If we culpably violate an essential contractual obligation, we shall be liable in accordance with the statutory provisions. However, in this caseintentional breach of duty, our liability for damages shall be limited to foreseeable, the foreseeable and typically occurring damage. 10.12 Liability (5) We shall be liable pursuant to the statutory provisions, where we breach a material contractual duty intentionally or negligently (comp. the definition in sec. 5 subsec. 7); in this event, our liability for culpable injury damages shall however be limited to the foreseeable and typically occurring damage as well. (6) This shall be without prejudice to any liability for intentional and negligent violation of life, body or health remains unaffected by the above provisionsand health; this shall also applies apply to mandatory any compulsory liability as per under the Produkthaftungsgesetz (German Product Liability Act). 10.13 The Buyer does not receive (7) In the absence of any legal guarantees in this regardstipulations to the contrary hereinabove, liability shall be excluded. 10.14 Claims (8) The period of limitation for claims arising from defects shall become statute-barred be 12 months after counting as of the transfer passing of risk. (9) This shall be without prejudice to the period of limitation for recourse of the entrepreneur against the supplier for delivering defective goods (delivery recourse) under sec. 478, 479 BGB (German Civil Code); it shall be five years counting as of the delivery of the thing.

Liability for defects. With (1) Claims for defects by the exclusion Customer presuppose that the latter has duly complied with his obligations to inspect and give notice of further claimsdefects pursuant to Section 377 of the German Commercial Code. (2) Insofar as the purchase object has a defect, we shall be liable entitled at our option to subsequent performance in the form of eliminating the defect or delivering a new item free of defects. In case of the elimination of the defect or a substitute delivery, we shall be obliged to pay expenses required for the following defects in delivery: 10.1 We must be immediately informed of any defects in writing. If the Buyer fails to notify us in a timely manner, the delivery shall be deemed accepted according to the contract. 10.2 In the case of a defect that renders the product demonstrably unusable or significantly restricted in its usability that can be attributed to an event that occurred prior to the transfer of risk – in particular due to faulty design, substandard building materials or poor workmanship – we are at liberty to decide whether to repair or replace the faulty product. In the case we elect to replace the faulty product, the received goods shall become our property. 10.3 If we seriously and definitively refuse to repair or replace the faulty goods due to disproportionately higher costs, or fail in our efforts of subsequent performance, or the Buyer is unreasonablein particular, the Buyer is at liberty costs of transport, freight, labour and materials insofar as these are not increased by the purchase object having been brought to demand a reduction in location other than the price, to withdraw from the contract or seek compensation for damages within the framework of the limitation of liability as per Sections 10.10 and 10.11 in place of demanding repair or replacement. However, in performance. (3) If the event of an insignificant contractual violation, particularly for insignificant defectssubsequent performance is unsuccessful, the Buyer Customer shall not be entitled to withdraw from the contractdemand rescission or a price reduction at his option. 10.4 Insofar (4) We shall be liable in accordance with the statutory provisions insofar as the Buyer’s complaint is justified, we shall bear the costs of the replacement part ex-works arising from the direct costs incurred by the repair or replacement. The Buyer shall bear all other costs, including travel and assembly costs. If the defect occurs at a location situated more than 100 km away from our production facilities in Regenstauf, the Buyer is obligated to return the faulty goods to our Regenstauf production facilities at our expense, if we so request. We shall pay the required shipment costs. 10.5 We shall not assume any liability for delivered parts that are subject to premature wear and tear as the result of their material composition or the way in which they are used. We shall likewise not assume any liability for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the Buyer or a third party, natural wear and tear, incorrect or negligent handling, excessive loads, inappropriate working materials, the entry of foreign bodies, defective work undertaken on the goods by a third party or outside influences. 10.6 We shall only be liable for third-party products to the same extent with regards to time and materials warranted by our subcontractor to us. 10.7 The Buyer must grant us the time and opportunity required to carry out repairs or replace the goods. Failure to do so shall release us from our liability for defects. The Buyer must provide assistants in this regard. 10.8 We shall not be obliged to remedy defects if the Buyer has failed to meet his contractual obligations thus far – payment obligations in particular. 10.9 We shall no longer be liable for defects if the Buyer or third parties commissioned by him undertake modifications or repair work on the goods – also for commissioning – without first obtaining our written approval. 10.10 If the Buyer asserts Customer claims for damages based on intent intentionality or gross negligence, we shall be liable as per the statutory provisions. This shall also apply in the case of intent including intentionality or gross negligence on the part of our representatives or vicarious agents. Provided Insofar as we are not accused of intentionally breaching the an intentional breach of contract, our liability for damages is shall be limited to foreseeable, the foreseeable typically occurring damage. 10.11 If we culpably violate an essential contractual obligation, we (5) We shall be liable in accordance with the statutory provisions. However, insofar as we culpably breach a material term of the contract, which would have rendered the performance of the contract possible (essential contractual obligation); in this casesuch a case as well, our liability for damages shall be limited to foreseeable, the foreseeable typically occurring damage. 10.12 Liability (6) Insofar as the Customer is entitled to compensation for the damage instead of performance, our liability is also limited to the foreseeable, typically occurring damage within the scope of (3). (7) This shall not affect liability for culpable injury to life, body life and limb or health remains unaffected by the above provisionshealth; this shall also applies apply to mandatory liability as per pursuant to the German Product Liability Act. 10.13 The Buyer does not receive any legal guarantees in this regard(8) Liability is excluded except where regulated otherwise above. 10.14 Claims (9) The period of limitation for claims for defects shall become statute-barred be 12 months after calculated from the transfer of risk. (10) The period of limitation in case of claims asserting a right of recourse for deliveries pursuant to SS 478, 479 BGB shall remain unaffected; it shall not exceed live years, calculated from the date of delivery of the defective item.

Liability for defects. With (1) Claims for defects by the exclusion customer provide that the customer met his inspection- and reproof obligations according to § 377 HGB (German Commercial Code) properly. (2) Should a defect of further claimsthe contractual services and deliveries be on hand, we shall rectify it by dint of supplementary performance. As far as a defect of our delivery and service is on hand, the choice rests with us as to whether the supplementary performance should be performed as a rectification of the defect or in the form of a new, faultless delivery and service. In this case, we are obligated to bear all the expenditu- res necessary for the purpose of supplementary per- formance, in particular: freight charges, travel costs, work costs and material costs, as far as these costs are not increased by the fact that contractually agreed services and deliveries have been delivered to a diffe- rent location than the place of delivery. (3) Should the supplementary performance fail, the customer is entitled to demand withdrawal or reducti- on according to his choice. (4) We shall be liable for the following defects in delivery: 10.1 We must be immediately informed of any defects in writing. If the Buyer fails to notify us in a timely manner, the delivery shall be deemed accepted according to the contract. 10.2 In statutory regu- lations, provided that the case of a defect that renders the product demonstrably unusable or significantly restricted in its usability that can be attributed to an event that occurred prior to the transfer of risk – in particular due to faulty design, substandard building materials or poor workmanship – we are at liberty to decide whether to repair or replace the faulty product. In the case we elect to replace the faulty product, the received goods shall become our property. 10.3 If we seriously and definitively refuse to repair or replace the faulty goods due to disproportionately higher costs, or fail in our efforts of subsequent performance, or the Buyer is unreasonable, the Buyer is at liberty to demand a reduction in the price, to withdraw from the contract or seek compensation customer claims compen- sation for damages within the framework of the limitation of liability as per Sections 10.10 and 10.11 in place of demanding repair or replacement. However, in the event of an insignificant contractual violation, particularly for insignificant defects, the Buyer shall not be entitled to withdraw from the contract. 10.4 Insofar as the Buyer’s complaint is justified, we shall bear the costs of the replacement part ex-works arising from the direct costs incurred by the repair or replacement. The Buyer shall bear all other costs, including travel and assembly costs. If the defect occurs at a location situated more than 100 km away from our production facilities in Regenstauf, the Buyer is obligated to return the faulty goods to our Regenstauf production facilities at our expense, if we so request. We shall pay the required shipment costs. 10.5 We shall not assume any liability for delivered parts that are subject to premature wear and tear as the result of their material composition or the way in which they are used. We shall likewise not assume any liability for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the Buyer or a third party, natural wear and tear, incorrect or negligent handling, excessive loads, inappropriate working materials, the entry of foreign bodies, defective work undertaken on the goods by a third party or outside influences. 10.6 We shall only be liable for third-party products to the same extent with regards to time and materials warranted by our subcontractor to us. 10.7 The Buyer must grant us the time and opportunity required to carry out repairs or replace the goods. Failure to do so shall release us from our liability for defects. The Buyer must provide assistants in this regard. 10.8 We shall not be obliged to remedy defects if the Buyer has failed to meet his contractual obligations thus far – payment obligations in particular. 10.9 We shall no longer be liable for defects if the Buyer or third parties commissioned by him undertake modifications or repair work on the goods – also for commissioning – without first obtaining our written approval. 10.10 If the Buyer asserts claims for damages based on intent or gross negligence, we shall be liable as per the statutory provisions. This shall also apply in the case of willful intent or gross negligence on the part of our representatives or vicarious agentssub-contractors. Provided Insofar as we are not accused of intentionally breaching the deliberate breach of contract, our liability for damages is limited to foreseeable, foreseeable damages that typically occurring damageoccur. 10.11 If we culpably violate an essential contractual obligation, we (5) We shall be liable in accordance with according to the statutory provisions. Howeverregu- lations, provided that we have culpably violated an es- sential contractual obligation; in this case, our liability for damages shall be is likewise limited to foreseeable, foreseeable damages that typically occurring damageoccur. An essential contractual obligation is given when the breach refers to an obligation on whose performance the customer has relied and had good reason to rely. 10.12 (6) Liability for culpable injury to life, body limb or health remains unaffected by the above provisionsshall remain unaffected; this also applies to mandatory liability as per according to the German Product Liability Act. 10.13 The Buyer does (7) Insofar as not receive any legal guarantees in this regardregulated differently above, liability is excluded. 10.14 Claims (8) The statute of limitations for claims for defects shall become statute-barred is 12 months after from the date of the transfer of riskrisks. (9) In the event of a delivery recourse, according to sections 478, 479 BGB (German Civil Code), the sta- tute of limitations remains unaffected.

Liability for defects. With 5.1. The Orderer may raise claims based on defect only if it has properly met its obligations of examination and complaint pursuant to Section 377 HGB. 5.2. To the exclusion extent that the purchase item has a defect, the Orderer shall, upon its option, be entitled either to a subsequent performance in the form of further claimsa removal of the defect, we shall be liable for or to the following defects in delivery:delivery of a new item that is free from defects. 10.1 We must be immediately informed of any defects in writing5.3. If the Buyer fails to notify us in a timely mannersubsequent performance fails, the delivery Orderer shall be deemed accepted according entitled to demand, upon its option, either a withdrawal or a reduction of the contract. 10.2 In the case of a defect that renders the product demonstrably unusable or significantly restricted in its usability that can be attributed to an event that occurred prior to the transfer of risk – in particular due to faulty design, substandard building materials or poor workmanship – we are at liberty to decide whether to repair or replace the faulty productpurchase price. In the case we elect to replace the faulty producthowever of a mere minor contractual breach and, the received goods shall become our property. 10.3 If we seriously and definitively refuse to repair or replace the faulty goods due to disproportionately higher costs, or fail in our efforts of subsequent performance, or the Buyer is unreasonable, the Buyer is at liberty to demand a reduction in the price, to withdraw from the contract or seek compensation for damages within the framework of the limitation of liability as per Sections 10.10 and 10.11 in place of demanding repair or replacement. Howeverparticular, in the event case of an insignificant contractual violation, particularly for insignificant merely minor defects, the Buyer Orderer shall not be entitled to withdraw from the contracthave no right of revocation. 10.4 Insofar as 5.4. Where the Buyer’s complaint is justified, we shall bear Orderer opts to rescind the costs contract due to a legal or material defect after unsuccessful make-up performance he will not have additional claims to damages because of the replacement part ex-works arising from the direct costs incurred by the repair or replacement. The Buyer shall bear all other costs, including travel and assembly costs. If the defect occurs at a location situated more than 100 km away from our production facilities in Regenstauf, the Buyer is obligated to return the faulty goods to our Regenstauf production facilities at our expense, if we so requestdefect. 5.5. We shall pay be liable according to the required shipment costs. 10.5 We shall not assume any liability for delivered parts that are subject to premature wear and tear legal requirements as far as the result of their material composition or the way in which they are used. We shall likewise not assume any liability Orderer asserts claims for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the Buyer or a third party, natural wear and tear, incorrect or negligent handling, excessive loads, inappropriate working materials, the entry of foreign bodies, defective work undertaken on the goods by a third party or outside influences. 10.6 We shall only be liable for third-party products to the same extent with regards to time and materials warranted by our subcontractor to us. 10.7 The Buyer must grant us the time and opportunity required to carry out repairs or replace the goods. Failure to do so shall release us from our liability for defects. The Buyer must provide assistants defects in this regard. 10.8 We shall not be obliged to remedy defects if the Buyer has failed to meet his contractual obligations thus far – payment obligations in particular. 10.9 We shall no longer be liable for defects if the Buyer quality or third parties commissioned by him undertake modifications or repair work on the goods – also for commissioning – without first obtaining our written approval. 10.10 If the Buyer asserts other claims for damages on whatever legal grounds which are based on intent or gross negligence, we shall be liable as per the statutory provisions. This shall also apply in the case of intent upon intention or gross negligence also of our representatives or vicarious and agents. Provided As far as we are cannot accused be charged with any intentional violation of intentionally breaching the contract, our liability shall be limited to the predictable, typically occurring damages. 5.6. We are liable according to legal regulations if we are guilty of violating an essential term of the contract; in this case, however, liability for damages compensation is limited to foreseeablethe predictable, typically occurring damage. 10.11 If we culpably violate an essential contractual obligation5.7. Apart from this, liability to effect compensatory damages shall be excluded. In this context, we shall in particular not be liable in accordance with the statutory provisions. However, in this case, our liability for damages shall be limited to foreseeable, typically occurring damagewhich are not incurred on the object of supply itself. 10.12 Liability for culpable injury to life, body or health remains unaffected by the above provisions; this also applies to 5.8. The mandatory regulations of product liability as per the German Product Liability Actlegislation remain unaffected. 10.13 5.9. The Buyer does not receive any legal guarantees in this regard. 10.14 Claims for defects shall become statute-barred 12 months after warranty period is 1 year from the transfer passing of the risk.

Liability for defects. With (1) Xxxxxxxxx' claims based on defects shall be based on his/her having correctly fulfilled his/her duties regarding investigation and complaint pursuant to §§ 377 HGB (German Commercial Code). (2) As far as the exclusion purchased item shows a defect, the Customer shall be entitled at his/her choice to either supplementary performance in terms of further claimscorrection of the defect or to replacement by a new purchased item free of defect. In case of correction of the defect or replacement, we shall be liable for obligated, in terms of supplementary performance, to bear all expenses required to eliminate the following defects in delivery:defect, especially transport, travelling expenses, labour and material costs, as far as these are not increased due to the fact that the purchased item has been taken to a place other than the place of fulfilment. 10.1 We must be immediately informed of any defects in writing. If the Buyer fails to notify us in a timely manner(3) Should supplementary performance fail, the delivery Customer shall be deemed accepted entitled at his/her choice to demand rescission of the contract or reduction of the purchase price. (4) We shall be liable according to the contract. 10.2 In the case of a defect that renders the product demonstrably unusable or significantly restricted in its usability that can be attributed to an event that occurred prior to the transfer of risk – in particular due to faulty design, substandard building materials or poor workmanship – we are at liberty to decide whether to repair or replace the faulty product. In the case we elect to replace the faulty product, the received goods shall become our property. 10.3 If we seriously and definitively refuse to repair or replace the faulty goods due to disproportionately higher costs, or fail in our efforts of subsequent performance, or the Buyer is unreasonable, the Buyer is at liberty to demand a reduction in the price, to withdraw from the contract or seek compensation for damages within the framework of the limitation of liability as per Sections 10.10 and 10.11 in place of demanding repair or replacement. However, in the event of an insignificant contractual violation, particularly for insignificant defects, the Buyer shall not be entitled to withdraw from the contract. 10.4 Insofar as the Buyer’s complaint is justified, we shall bear the costs of the replacement part ex-works arising from the direct costs incurred by the repair or replacement. The Buyer shall bear all other costs, including travel and assembly costs. If the defect occurs at a location situated more than 100 km away from our production facilities in Regenstauf, the Buyer is obligated to return the faulty goods to our Regenstauf production facilities at our expense, if we so request. We shall pay the required shipment costs. 10.5 We shall not assume any liability for delivered parts that are subject to premature wear and tear as the result of their material composition or the way in which they are used. We shall likewise not assume any liability for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the Buyer or a third party, natural wear and tear, incorrect or negligent handling, excessive loads, inappropriate working materials, the entry of foreign bodies, defective work undertaken on the goods by a third party or outside influences. 10.6 We shall only be liable for third-party products to the same extent with regards to time and materials warranted by our subcontractor to us. 10.7 The Buyer must grant us the time and opportunity required to carry out repairs or replace the goods. Failure to do so shall release us from our liability for defects. The Buyer must provide assistants in this regard. 10.8 We shall not be obliged to remedy defects legal regulations if the Buyer has failed to meet his contractual obligations thus far – payment obligations in particular. 10.9 We shall no longer be liable for defects if the Buyer or third parties commissioned by him undertake modifications or repair work on the goods – also for commissioning – without first obtaining our written approval. 10.10 If the Buyer Customer asserts claims for damages which are based on intent or gross negligence, we shall be liable as per the statutory provisions. This shall also apply in the case of including intent or gross negligence on the part of our representatives agents or vicarious agentspersons employed in the performance of our obligations. Provided To the extent that we are cannot accused be blamed for intentional breach of intentionally breaching contract, the contractliability for indemnification shall be limited to the foreseeable damage which typically occurs. (5) We shall be liable according to the legal regulations, to the extent that we culpably infringe on an essential contractual obligation; however, in this case, liability for damages shall also be limited to the foreseeable damage which typically occurs. (6) Insofar as the customer is otherwise entitled to compensation for damages instead of performance due to a negligent breach of duty, our liability for damages is shall be limited to compensation for the foreseeable, typically occurring damage. 10.11 If we culpably violate an essential contractual obligation, we (7) This shall be liable in accordance with the statutory provisions. However, in this case, our not affect liability for damages shall be limited to foreseeable, typically occurring damage. 10.12 Liability for culpable damage caused culpably on account of injury to life, body or health remains unaffected by the above provisionsof a person; this shall also applies to apply in case of mandatory liability as per in accordance with the German Product Liability Actproduct liability law. 10.13 The Buyer does not receive any legal guarantees in this regard(8) Liability shall be excluded unless otherwise specified above. 10.14 Claims (9) The period of prescription for claims based on defects shall become statute-barred amounts to 12 months after months, calculated as of the transfer of risk. This shall not apply in the case of the sale of an object which is usually used for a building and which has caused the respective defect. (10) This shall not affect the period of prescription in case of delivery recourse in acc. with §§ 478, 479 BGB (German Civil Code), which shall amount to five years calculated as of the date of delivery of the defective item.

Liability for defects. With 7.1 Claims for defects of the exclusion of further claims, we customer shall be liable for the following defects in delivery: 10.1 We must be immediately informed of any defects in writing. If the Buyer fails to notify us in a timely manner, the delivery shall be deemed accepted according to the contractrequire that it has orderly executed its investigation and complaint obligations. 10.2 In the case of 7.2 As far as there should be a defect that renders the product demonstrably unusable or significantly restricted in its usability that can be attributed to an event that occurred prior to the transfer of risk – in particular due to faulty design, substandard building materials or poor workmanship – we are at liberty to decide whether to repair or replace the faulty product. In the case we elect to replace the faulty product, the received goods shall become our property. 10.3 If we seriously and definitively refuse to repair or replace the faulty goods due to disproportionately higher costs, or fail in our efforts of subsequent performance, or the Buyer is unreasonable, the Buyer is at liberty to demand a reduction in the price, to withdraw from the contract or seek compensation for damages within the framework of the limitation of liability as per Sections 10.10 and 10.11 in place of demanding repair or replacement. However, in purchased goods so the event of an insignificant contractual violation, particularly for insignificant defects, the Buyer customer shall not be entitled to withdraw from a supplementary performance of its choice in the contractway of a removal of defects or to the delivery of new goods free of defects. The customer shall always give us the opportunity to a supplementary performance within an adequate time limit, rights of recourse shall be unaffected without limitation by the aforementioned regulation. 10.4 Insofar as 7.3 Should the Buyer’s complaint is justifiedsupplementary performance fail, we so the customer shall bear the costs be entitled to claim for resignation or a reduction. 7.4 Claims for defects shall not exist for an only insignificant de- viation of the replacement part ex-works arising from agreed quality, for an only insignificant reduction of the direct costs incurred by the repair or replacement. The Buyer shall bear all other costsusability, including travel and assembly costs. If the defect occurs at a location situated more than 100 km away from our production facilities in Regenstauf, the Buyer is obligated to return the faulty goods to our Regenstauf production facilities at our expense, if we so request. We shall pay the required shipment costs. 10.5 We shall not assume any liability for delivered parts that are subject to premature wear and tear as the result of their material composition or the way in which they are used. We shall likewise not assume any liability for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the Buyer or a third party, natural wear and tear, as for damages caused by incorrect or negligent handlingtreatment, excessive loadsuse and strain, inappropriate working materialsimproper operating material or because of particular external influences after passing of risk, being not a prerequisite according to the entry of foreign bodies, defective agreement. Should improper maintenance work undertaken on or alterations be carried out by the goods by a customer or any third party or outside influencesso there also shall exist no claims for defects for the aforementioned and for the results arising from them. 10.6 7.5 We shall only be liable for third-party products according to the same extent with regards to time and materials warranted by our subcontractor to us. 10.7 The Buyer must grant us legal provisions as far as the time and opportunity required to carry out repairs or replace the goods. Failure to do so shall release us from our liability customer will claim for defects. The Buyer must provide assistants in this regard. 10.8 We shall not be obliged to remedy defects if the Buyer has failed to meet his contractual obligations thus far – payment obligations in particular. 10.9 We shall no longer be liable for defects if the Buyer or third parties commissioned by him undertake modifications or repair work compensation basing on the goods – also for commissioning – without first obtaining our written approval. 10.10 If the Buyer asserts claims for damages based on intent purpose or gross negligence, . As far as we shall cannot be liable as per blamed for intentional breach of contract so the statutory provisions. This shall also apply in the case of intent or gross negligence of our representatives or vicarious agents. Provided we are not accused of intentionally breaching the contract, our liability for damages is limited to foreseeable, typically occurring damage. 10.11 If we culpably violate an essential contractual obligation, we shall be liable in accordance with the statutory provisions. However, in this case, our liability for damages shall be limited to foreseeable, the predictably typically occurring arising damage. 10.12 Liability 7.6 We shall be liable according to the legal provisions as far as we culpably violate any material contractual obligation; in this case, however, the liability for damages shall be limited to the predictably typically arising damage. 7.7 The liability for a culpable injury to violation of life, body or health remains unaffected by the above provisionsshall be unaffected; this shall also applies be valid for the compulsory liability obligations according to mandatory liability as per the German Product Liability Act. 10.13 7.8 The Buyer does not receive any period of warranty shall be 1 year starting with the passing of risk. The legal guarantees term of limitation shall be valid for claims for damages in this regardcase of purpose and gross negligence as well as for violation of life, body, and health which are based on an intentional or negligent breach of duty of the user. 10.14 7.9 The term of limitation in case of a delivery recourse according to §§ 478, 478 BGB (= Civil Code) shall remain unaffected. 7.10 Claims of the customer because of the expenses required for the purpose of supplementary performance, particularly transport, travel, labor, and material costs shall be excluded, as far as the expenses will increase because the goods delivered by us have been transported to another place as the place of business of the customer afterwards, unless the transport is according to the contractual use. 7.11 Recourse claims of the customer against us shall only exist, if the customer has made no agreements going beyond the legally binding claims for defects with its customer. Furthermore section 6 shall become statute-barred 12 months after accordingly be valid for the transfer scope of risk.the recourse claim of the customer against the supplier

Liability for defects. With a) Claims of Purchaser based on defects require that Purchaser has duly fulfilled his/her duty to examine and to make a complaint in respect of a defect immediately on receipt of the exclusion goods pursuant to Article 377 HGB [German Commercial Code]. b) If the object of further claimssale has a defect, we shall be liable for authorized at our discretion to offer subsequent performance in the following defects in delivery: 10.1 We must be immediately informed of any defects in writing. If the Buyer fails to notify us in a timely manner, the delivery shall be deemed accepted according to the contract. 10.2 In the case form of a correction of the defect or delivery of a new item that renders the product demonstrably unusable or significantly restricted in its usability that can be attributed to an event that occurred prior to the transfer of risk – in particular due to faulty design, substandard building materials or poor workmanship – we are at liberty to decide whether to repair or replace the faulty productis free from defects. In the case event of a correction of defect, we elect shall be obligated to replace bear all expenditure necessary for the faulty productcorrection of the defect, in particular, transport, travel, labor and material costs, insofar as such costs are not increased because the received goods shall become our propertyobject of sale was transported to a place other than the place of performance. 10.3 If we seriously and definitively refuse c) In the event that the subsequent performance fails, Xxxxxxxxx shall be entitled to repair either resign the contract or replace the faulty goods due to disproportionately higher costs, or fail in our efforts of subsequent performance, or the Buyer is unreasonable, the Buyer is at liberty to demand request a reduction in the purchase price, to withdraw from the contract or seek compensation for damages within the framework of the limitation of liability as per Sections 10.10 and 10.11 in place of demanding repair or replacement. However, in the event of an insignificant contractual violation, particularly for insignificant defects, the Buyer shall not be entitled to withdraw from the contract. 10.4 Insofar as the Buyer’s complaint is justified, we shall bear the costs of the replacement part ex-works arising from the direct costs incurred by the repair or replacement. The Buyer shall bear all other costs, including travel and assembly costs. If the defect occurs at a location situated more than 100 km away from our production facilities in Regenstauf, the Buyer is obligated to return the faulty goods to our Regenstauf production facilities at our expense, if we so request. d) We shall pay the required shipment costs. 10.5 We shall not assume any liability for delivered parts that are subject to premature wear and tear as the result of their material composition or the way in which they are used. We shall likewise not assume any liability for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the Buyer or a third party, natural wear and tear, incorrect or negligent handling, excessive loads, inappropriate working materials, the entry of foreign bodies, defective work undertaken on the goods by a third party or outside influences. 10.6 We shall only be liable in accordance with the legal provisions, insofar as Purchaser asserts a claim for third-party products to the same extent with regards to time and materials warranted by our subcontractor to us. 10.7 The Buyer must grant us the time and opportunity required to carry out repairs or replace the goods. Failure to do so shall release us from our liability for defects. The Buyer must provide assistants in this regard. 10.8 We shall not be obliged to remedy defects if the Buyer has failed to meet his contractual obligations thus far – payment obligations in particular. 10.9 We shall no longer be liable for defects if the Buyer or third parties commissioned by him undertake modifications or repair work on the goods – also for commissioning – without first obtaining our written approval. 10.10 If the Buyer asserts claims for damages damage which is based on intent or gross negligence, we shall be liable as per the statutory provisions. This shall also apply in the case of including intent or gross negligence of our representatives or vicarious agents. Provided Insofar as we are not accused charged with intentional infringement of intentionally breaching the contract, our the liability for damages is limited damage shall be restricted to foreseeablethe foreseeable damage which typically occurs. We shall be liable in accordance with the legal provisions, typically occurring damage. 10.11 If if we culpably violate an essential contractual obligation, we shall be liable in accordance with such a case however, the statutory provisions. However, in this case, our liability for damages shall be limited to foreseeable, the foreseeable damage which typically occurring damageoccurs. 10.12 Liability for e) The liability due to culpable injury to of life, body or health remains unaffected by shall remain unaffected. This shall also apply to the above provisions; this also applies to mandatory liability as per in accordance with the German Product Liability ActLaw. 10.13 The Buyer does f) Insofar as not receive otherwise agreed in the foregoing, any legal guarantees in this regardand all further liability shall be excluded. 10.14 Claims for g) The period of limitation with respect to claims based on defects shall become statute-barred be 12 months after starting from the transfer date of the passing of risk, only however if the goods in question are new. If the contract extends to a used object of sale then the warranty shall be excluded. h) The period of limitation in the event of a delivery recourse claim pursuant to Articles 478, 479 BGB [German Civil Code] shall remain unaffected; the period is five years, counted from the date of handing-in of the defective item. i) Any further liability for damages other than those provided for in no. 6 shall be excluded – regardless of the legal nature of the asserted claim. This shall, in particular, apply to claims for damage resulting from culpa in contrahendo, due to other breaches of obligations or due to claims in tort for the compensation of property damage in accordance with Article 823 BGB [German Civil Code]. Insofar as the liability for damages vis-à-vis us is excluded or limited, this shall also apply with respect to the personal liability for damage of our employees, members of staff, workers, representatives and vicarious agents.