Common use of Liability for defects Clause in Contracts

Liability for defects. 6.1 A Product which is not in conformity with the agreed specification shall be considered deficient, unless the non- conformity is without significance for the intended use of the Product. The Supplier’s liability for other defects is limited to defects caused by defective construction, materials or manufacturing. 6.2 Information regarding the use of the Product or other information about the Product, which is not expressly part of the agreed specification and which is provided by the Supplier, regardless of the form in which the information is provided, shall only be regarded as recommendations or general information. The Supplier is not liable for such information. 6.3 The Supplier is only liable for defects which manifest within one year from the day that the risk for the Product passed to the Purchaser (guarantee period). The guarantee period shall never exceed the lowest of 1,760 operating hours or the expected operating time, if the expected operating time is less than 1,760 operating hours. The guarantee period does not include wear components which normally have a durability of less than one year. The Supplier is not liable for defects which are caused by inaccurate, ambiguous or incomplete information from the Purchaser. Furthermore, the Supplier is not liable for defects which are caused by circumstances which occur after the risk for the Product has passed to the Purchaser, such as, but not exclusively, defects caused by ordinary wear or deterioration. 6.4 The Supplier undertakes to, at its own discretion, during the guarantee period, without a right to remuneration, deliver a new Product as replacement for a deficient Product, or to remedy the deficiency. The Supplier is not liable to pay for replacement media or replacement fluids, such as e.g. refrigerating media. Remedying may occur either at the Supplier’s premises or at the Purchaser’s premises, depending on which the Supplier determines appropriate. Replacement products or replacement parts, which the Supplier has provided to the Purchaser, are subject to the guarantee period set out in item 6.3. Should the Supplier claim ownership of a Product or part of a Product which has been replaced, the title of ownership to such Product or part of a Product shall pass to the Supplier. Possible demolition costs shall be paid by the Purchaser. 6.5 The Purchaser shall bear the cost and risk of transportation of a deficient Product or part of a Product to the Supplier. The Supplier shall bear the cost and risk of transportation of the replacement Product or part of a Product to the place of delivery. Should the Supplier choose to remedy the Product at the premises of the Purchaser, the Purchaser shall pay travel costs and allowance for expenses for the travel and work time of the Supplier’s staff. Further, the Purchaser shall bear the additional costs which arise from the Product being situated somewhere other than at the place of delivery. 6.6 If the Supplier does not deliver a replacement product or remedy the deficiency within reasonable time after the Purchaser has complained in writing, the Purchaser may cancel the Agreement in respect of the deficient Product by written notice to that effect. Upon cancelling the Agreement, the Purchaser is entitled to compensation from the Supplier for direct additional expenditures for procuring a corresponding product from someone else, however not more than 7.5 % of the price of the Product. 6.7 The Supplier shall be considered to have fulfilled its obligations under this Agreement by delivering an appropriately repaired or replaced Product or Part of a Product to the Purchaser. The Purchaser shall bear the costs for work and additional expenditures for operation on something other than the Product upon dismounting or installing the Product or the part of a Product. 6.8 The Purchaser shall examine the Product in accordance with good industry practices immediately after delivery. 6.9 The Purchaser may not invoke defects which have not been notified to the Supplier in writing within 15 days from the day the Purchaser notices or ought to have noticed the defect, and in no case later than the time set out in section 6.3 above. Should the Supplier not be liable for the defect, the Supplier is entitled to compensation for the costs which have been caused by the complaint. 6.10 Instead of remedying the defect or delivering a replacement Product, the Supplier may choose to repay the purchase price, whereupon the Purchaser shall return the Product in a substantially unchanged condition. If this is not possible, the Supplier may deduct an amount corresponding to the value of what has been bestowed on the Purchaser.

Liability for defects. 6.1 A Product which is not 10.1. Pursuant to the provisions of Clauses 10.2.-10.17., the Supplier shall remedy any defect or nonconformity in conformity with the agreed specification shall be considered deficient, unless the non- conformity is without significance for the intended use of the Product. The Supplier’s liability for other defects is limited to defects caused by defective constructionProducts resulting from faulty design, materials or manufacturingworkmanship (“Defect(s)”). 6.2 Information regarding the use of the Product or other information about the Product, which is not expressly part of the agreed specification and which is provided by the Supplier, regardless of the form in which the information is provided, shall only be regarded as recommendations or general information10.2. The Supplier is shall not be liable for such information. 6.3 The Supplier is only liable for defects which manifest within one year from the day that the risk for the Product passed to the Purchaser (guarantee period). The guarantee period shall never exceed the lowest Defects arising out of 1,760 operating hours materials provided or the expected operating time, if the expected operating time is less than 1,760 operating hours. The guarantee period does not include wear components which normally have a durability of less than one year. The Supplier is not liable for defects which are caused by inaccurate, ambiguous or incomplete information from the Purchaser. Furthermore, the Supplier is not liable for defects which are caused by circumstances which occur after the risk for the Product has passed to the Purchaser, such as, but not exclusively, defects caused by ordinary wear or deterioration. 6.4 The Supplier undertakes to, at its own discretion, during the guarantee period, without a right to remuneration, deliver a new Product as replacement for a deficient Product, or to remedy the deficiency. The Supplier is not liable to pay for replacement media or replacement fluids, such as e.g. refrigerating media. Remedying may occur either at the Supplier’s premises or at the Purchaser’s premises, depending on which the Supplier determines appropriate. Replacement products or replacement parts, which the Supplier has provided to the Purchaser, are subject to the guarantee period set out in item 6.3. Should the Supplier claim ownership of a Product or part of a Product which has been replaced, the title of ownership to such Product or part of a Product shall pass to the Supplier. Possible demolition costs shall be paid design specified by the Purchaser. 6.5 The Purchaser shall bear the cost and risk of transportation of a deficient Product or part of a Product to the Supplier10.3. The Supplier shall bear only be liable for Defects, which appear under the cost conditions of operation provided for in the Contract and risk of transportation proper use of the replacement Product Products. 10.4. The Supplier shall not be liable for Defects caused by inadequate maintenance, incorrect installation, unauthorized repairs or alterations, or for normal wear and tear or deterioration. 10.5. The Supplier's liability shall be limited to Defects, which appear within a warranty period of twelve (12) months from delivery. 10.6. When the Supplier has remedied a Defect in a part of a Product Product, the Supplier shall be liable for Defects in the repaired or replaced part on the same terms as the original Products for a period of twelve (12) months. For the remaining parts of the Products the original warranty period mentioned in Clause 10.5. shall be extended only by a period equal to the place period during which and to the extent that the Products could not be used as a result of deliverythe Defect. Should Any such extended warranty mentioned in this Clause 10.6. shall, however, be limited to a maximum of twenty- four (24) months from the date of delivery of the original Product. 10.7. The Purchaser shall promptly notify the Supplier choose in writing of any Defect, which appears including a description of such defect. lf the Purchaser fails to remedy notify the Product at Supplier in writing of a Defect promptly, the premises of Supplier shall not be liable for the PurchaserDefect. Where the Defect may cause damage, the Purchaser shall pay travel costs and allowance for expenses for the travel and work time of the Supplier’s staff. Further, the Purchaser shall bear the additional costs which arise from the Product being situated somewhere other than at the place of delivery. 6.6 If immediately inform the Supplier does not deliver a replacement product or remedy the deficiency within reasonable time after the Purchaser has complained in writing, the Purchaser may cancel the Agreement in respect of the deficient Product by written notice to that effect. Upon cancelling the Agreement, the Purchaser is entitled to compensation from the Supplier for direct additional expenditures for procuring a corresponding product from someone else, however not more than 7.5 % of the price of the Product. 6.7 The Supplier shall be considered to have fulfilled its obligations under this Agreement by delivering an appropriately repaired or replaced Product or Part of a Product to the Purchaser. The Purchaser shall bear the costs for work and additional expenditures for operation on something other than risk of damage to the Product upon dismounting or installing the Product or the part of a Product. 6.8 Products resulting from its failure so to notify. The Purchaser shall examine take reasonable measures to minimize damage and shall comply with any related Supplier instructions. 10.8. On receipt of the Product notice under Clause 10.7., the Supplier shall at its own cost remedy the Defect without undue delay in accordance with good industry practices immediately after deliveryClauses 10.1.-10. 6.9 The Purchaser may not invoke defects which have not been notified to the Supplier in writing within 15 days from the day the Purchaser notices or ought to have noticed the defect, and in no case later than the time set out in section 6.3 above. Should the Supplier not be liable for the defect, the Supplier is entitled to compensation for the costs which have been caused by the complaint. 6.10 Instead of remedying the defect or delivering a replacement Product, the Supplier may choose to repay the purchase price, whereupon the Purchaser shall return the Product in a substantially unchanged condition. If this is not possible, the Supplier may deduct an amount corresponding to the value of what has been bestowed on the Purchaser.

Liability for defects. 6.1 A Product Product, which is not in conformity with the agreed specification specification, shall be considered deficient, unless the non- conformity nonconformity is without significance for the intended use of the Product. The Supplier’s Suppliers liability for other defects is limited to defects caused by defective construction, materials or manufacturing. 6.2 . Information regarding the use of the Product or other information about the Product, which is not expressly part of the agreed specification and which is provided by the Supplier, regardless of the form in which the information is provided, shall only be regarded as recommendations or general information. The Supplier is not liable for such information. 6.3 . The Supplier is only liable for defects defects, which manifest within one year from the day that the risk for the Product passed to the Purchaser (guarantee period). The guarantee period shall never exceed the lowest of 1,760 operating hours or the expected operating time, if the expected operating time is less than 1,760 operating hours. The guarantee period does not include wear components or consumable parts (Such as electrochemical sensors) which normally have a durability of less than one year. The Supplier is not liable for defects defects, which are caused by inaccurate, ambiguous or incomplete information from the Purchaser. Furthermore, the Supplier is not liable for defects which are caused by circumstances circumstances, which occur after the risk for the Product has passed to the Purchaser, such as, but not exclusively, defects caused by ordinary wear and tear or deterioration. 6.4 . The Supplier undertakes to, at its own discretion, during the guarantee period, without a right to remuneration, deliver a new Product as replacement for a deficient Product, or to remedy the deficiency. The Supplier is not liable to pay for replacement media or replacement fluids, such as e.g. refrigerating media. Remedying may occur either at the Supplier’s premises or at the Purchaser’s premises, depending on which the Supplier determines appropriate. Replacement products Products or replacement parts, which the Supplier has provided to the Purchaser, are subject to the guarantee period set out in item 6.37.3. Should the Supplier claim ownership of a Product or part of a Product Product, which has been replaced, the title of ownership to such Product or part of a Product shall pass to the Supplier. Possible demolition costs shall be paid by the Purchaser. 6.5 . The Purchaser shall bear the cost and risk of transportation of a deficient Product or part of a Product to the Supplier. The Supplier shall bear the cost and risk of transportation of the replacement Product or part of a Product to the place of delivery. Should the Supplier choose to remedy the Product at the premises of the Purchaser, the Purchaser shall pay travel costs and allowance for expenses for the travel and work time of the Supplier’s staff. Further, the Purchaser shall bear the additional costs which arise from the Product being situated somewhere other than at the place of delivery. 6.6 . If the Supplier does not deliver a replacement product or remedy the deficiency within reasonable time after the Purchaser has complained in writing, the Purchaser may cancel the Agreement in respect of the deficient Product by written notice to that effect. Upon cancelling the Agreement, the Purchaser is entitled to compensation from the Supplier for direct additional expenditures for procuring a corresponding product from someone else, however not more than 7.5 7.5% of the price of the Product. 6.7 . The Supplier shall be considered to have fulfilled its obligations under this Agreement by delivering an appropriately repaired or replaced Product or Part of a Product to the Purchaser. The Purchaser Where any installation or dismantling results in interference other than with the Product, the Customer shall bear be liable for the costs for work and additional expenditures for operation on something other than the Product upon dismounting or installing the Product or the part of a Product. 6.8 costs occasioned thereby. The Purchaser shall examine the Product in accordance with good industry practices immediately after delivery. 6.9 . The Purchaser may not invoke defects which have not been notified noticed to the Supplier in writing within 15 days from of the day the Purchaser notices or ought to have noticed the defect, and in no case later than the time set out in section 6.3 7.3 above. Should the Supplier not be liable for the defect, the Supplier is entitled to compensation for the costs costs, which have been caused by the complaint. 6.10 . Instead of remedying the defect or delivering a replacement Product, the Supplier may choose to repay the purchase price, whereupon the Purchaser shall return the Product in a substantially unchanged condition. If this is not possible, the Supplier may deduct an amount corresponding to the value of what has have been bestowed on the Purchaser.

Liability for defects. 6.1 A Product Product, which is not in conformity with the agreed specification specification, shall be considered deficient, unless the non- conformity nonconformity is without significance for the intended use of the Product. The Supplier’s Suppliers liability for other defects is limited to defects caused by defective construction, materials or manufacturing. 6.2 . Information regarding the use of the Product or other information about the Product, which is not expressly part of the agreed specification and which is provided by the Supplier, regardless of the form in which the information is provided, shall only be regarded as recommendations or general information. The Supplier is not liable for such information. 6.3 . The Supplier is only liable for defects defects, which manifest within one year from the day that the risk for the Product passed to the Purchaser (guarantee period). The guarantee period shall never exceed the lowest of 1,760 operating hours or the expected operating time, if the expected operating time is less than 1,760 operating hours. The guarantee period does not include wear components or consumable parts (Such as electrochemical sensors) which normally have a durability of less than one year. The Supplier is not liable for defects defects, which are caused by inaccurate, ambiguous or incomplete information from the Purchaser. Furthermore, the Supplier is not liable for defects which are caused by circumstances circumstances, which occur after the risk for the Product has passed to the Purchaser, such as, but not exclusively, defects caused by ordinary wear and tear or deterioration. 6.4 . The Supplier undertakes to, at its own discretion, during the guarantee period, without a right to remuneration, deliver a new Product as replacement for a deficient Product, or to remedy the deficiency. The Supplier is not liable to pay for replacement media or replacement fluids, such as e.g. refrigerating media. Remedying may occur either at the Supplier’s premises or at the Purchaser’s premises, depending on which the Supplier determines appropriate. Replacement products Products or replacement parts, which the Supplier has provided to the Purchaser, are subject to the guarantee period set out in item 6.3. Should the Supplier claim ownership of a Product or part of a Product Product, which has been replaced, the title of ownership to such Product or part of a Product shall pass to the Supplier. Possible demolition costs shall be paid by the Purchaser. 6.5 . The Purchaser shall bear the cost and risk of transportation of a deficient Product or part of a Product to the Supplier. The Supplier shall bear the cost and risk of transportation of the replacement Product or part of a Product to the place of delivery. Should the Supplier choose to remedy the Product at the premises of the Purchaser, the Purchaser shall pay travel costs and allowance for expenses for the travel and work time of the Supplier’s staff. Further, the Purchaser shall bear the additional costs which arise from the Product being situated somewhere other than at the place of delivery. 6.6 . If the Supplier does not deliver a replacement product or remedy the deficiency within reasonable time after the Purchaser has complained in writing, the Purchaser may cancel the Agreement in respect of the deficient Product by written notice to that effect. Upon cancelling the Agreement, the Purchaser is entitled to compensation from the Supplier for direct additional expenditures for procuring a corresponding product from someone else, however not more than 7.5 7.5% of the price of the Product. 6.7 . The Supplier shall be considered to have fulfilled its obligations under this Agreement by delivering an appropriately repaired or replaced Product or Part of a Product to the Purchaser. The Purchaser Where any installation or dismantling results in interference other than with the Product, the Customer shall bear be liable for the costs for work and additional expenditures for operation on something other than the Product upon dismounting or installing the Product or the part of a Product. 6.8 costs occasioned thereby. The Purchaser shall examine the Product in accordance with good industry practices immediately after delivery. 6.9 . The Purchaser may not invoke defects which have not been notified noticed to the Supplier in writing within 15 days from of the day the Purchaser notices or ought to have noticed the defect, and in no case later than the time set out in section 6.3 above. Should the Supplier not be liable for the defect, the Supplier is entitled to compensation for the costs costs, which have been caused by the complaint. 6.10 . Instead of remedying the defect or delivering a replacement Product, the Supplier may choose to repay the purchase price, whereupon the Purchaser shall return the Product in a substantially unchanged condition. If this is not possible, the Supplier may deduct an amount corresponding to the value of what has have been bestowed on the Purchaser.

Liability for defects. 6.1 6.1. A Product which is not in conformity with the agreed specification shall be considered deficient, unless the non- non-conformity is without significance for the intended use of the Product. The Supplier’s liability for other defects is limited to defects caused by defective construction, materials or manufacturingworkmanship. 6.2 6.2. Information regarding the use of the Product or other information about the Product, which is not expressly part of the agreed specification and which is provided by the Supplier, regardless of the form in which the information is provided, shall only be regarded as recommendations or general information. The Supplier is not liable for such information. 6.3 6.3. The Supplier is only liable for defects which manifest within one year from the day that the risk for the Product passed to the Purchaser (guarantee period). The guarantee period shall never exceed the lowest of 1,760 1760 operating hours or the expected operating time, if the expected operating time is less than 1,760 1760 operating hours. The guarantee period does not include wear components which normally have a durability of less than one year. The Supplier is not liable for defects which are caused by inaccurate, ambiguous or incomplete information from the Purchaser. FurthermoreFurther, the Supplier is not liable for defects which are caused by circumstances which occur after the risk for the Product has passed to the Purchaser, such as, but not exclusively, defects caused by ordinary wear or deterioration. 6.4 6.4. The Supplier undertakes to, at its own discretion, during the guarantee period, without a right to remunerationcompensation, deliver a new Product as replacement for a deficient Product, or to remedy the deficiency. The Supplier is not liable to pay for replacement media or replacement fluids, such as e.g. refrigerating media. Remedying may occur either at the Supplier’s premises or at the Purchaser’s premises, depending on which the Supplier determines appropriate. Replacement products or replacement parts, which the Supplier has provided to the Purchaser, are subject to the guarantee period set out in item 6.3. Should the Supplier claim ownership of a Product or part of a Product which has been replaced, the title of ownership to such Product or part of a Product shall pass to the Supplier. Possible demolition costs shall be paid by the Purchaser. 6.5 6.5. The Purchaser shall bear the cost and risk of transportation of a deficient Product or part of a Product to the Supplier. The Supplier shall bear the cost and risk of transportation of the replacement Product or part of a Product to the place of delivery. Should the Supplier choose to remedy the Product at the premises of the Purchaser, the Purchaser shall pay travel costs and allowance for expenses for the travel and work time of the Supplier’s staff. Further, the Purchaser shall bear the additional costs which arise from the Product being situated somewhere other than at the place of delivery. 6.6 6.6. If the Supplier does not deliver a replacement product or remedy the deficiency within reasonable time after the Purchaser has complained in writing, the Purchaser may cancel the Agreement in respect of the deficient Product by written notice to that effect. Upon cancelling the Agreement, the Purchaser is entitled to compensation receive paid purchase price back from the Supplier Supplier, and in addition compensation for direct additional expenditures for procuring a corresponding product from someone else, however not more than 7.5 % of the price of the Product. 6.7 6.7. The Supplier shall be considered to have fulfilled its obligations under this Agreement by delivering an appropriately repaired or replaced Product or Part of a Product to the Purchaser. The Purchaser shall bear the costs for work and additional expenditures for operation on something other than the Product upon dismounting or installing the Product or the part of a Product from or to an object other than the Product. 6.8 6.8. The Purchaser shall examine the Product in accordance with good industry practices practice immediately after delivery. 6.9 6.9. The Purchaser may not invoke defects which have not been notified to the Supplier in writing within 15 days from the day the Purchaser notices or ought to have noticed the defect, and in no case later than the time set out in section 6.3 above. Should the Supplier not be liable for the defect, the Supplier is entitled to compensation for the costs which have been caused by the complaint. 6.10 Instead of remedying the defect or delivering a replacement Product, the Supplier may choose to repay the purchase price, whereupon the Purchaser shall return the Product in a substantially unchanged condition. If this is not possible, the Supplier may deduct an amount corresponding to the value of what has been bestowed on the Purchaser.