Common use of QUALITY OF GOODS Clause in Contracts

QUALITY OF GOODS. 5.1 CLAAS warrants that on delivery, the Goods shall: 5.1.1 be free from defects in material and workmanship for a period of twelve (12) months; 5.1.2 fifteen (15) months after transfer of risk of loss the warranty rights shall expire and lapse. . 5.2 The Customer may reject any Goods delivered to it that do not comply with clause 5.1, provided that: 5.2.1 notice of rejection is given to CLAAS: 5.2.1.1 in the case of a defect that is apparent on normal visual inspection, within 48 hours of delivery; 5.2.1.2 in the case of a latent defect, within a reasonable time of the latent defect having become apparent but no later than 3 months from the date of delivery; and; 5.2.1.3 none of the events listed in clause 5.5 apply. 5.3 If the Customer fails to give notice of rejection in accordance with clause 5.2, it shall be deemed to have accepted these Goods. 5.4 Subject to clause 5.55.5, CLAAS shall, at its option, repair or replace the defective Goods (excluding the cost of labour), or provide credit to the Customer equal to the price of the defective Goods in full if: 5.4.1 the Customer gives notice in writing in accordance with clause 5.2 and, if the defect occurs within the warranty period ahead of the period described in 5.2 by use of the prescribed warranty claim procedure; 5.4.2 CLAAS is given a reasonable opportunity of examining such Goods; 5.4.3 the Customer (if asked to do so by CLAAS) returns such Goods to CLAAS' place of business at the Customer's cost; and 5.4.4 (where the Goods are not manufactured by CLAAS) CLAAS itself has redress against the Manufacturer or supplier of the defective Goods except where the Goods are defective by reason of the negligence of an employee of CLAAS. 5.5 CLAAS shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if: 5.5.1 the defect arises because the Customer failed to follow CLAAS' or the Manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; 5.5.2 the defect arises as a result of CLAAS following any drawing, design or Goods Specification supplied by the Customer; 5.5.3 the Customer alters or repairs such Goods without the written consent of CLAAS; 5.5.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or 5.5.5 the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards. 5.6 Except as provided in this clause 4.11.2, CLAAS shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1. 5.7 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by CLAAS for a period of 3 months. With reference to the price and discount system for the products CLAAS refunds only the costs of materials in those cases accepted under warranty. For warranty repairs, only original CLAAS parts are to be used by the Customer. 5.8 All parts of Goods replaced will become the property of CLAAS. 5.9 The warranty applies only to new Goods. The warranty is final. Any other rights, whether expressed implied by law or rights of any other kind, particularly claims for damages not having occurred on the Goods itself (consequential damage), cancellation or withdrawal from contract or reduction of prices, are hereby expressly waived and excluded, as far as permitted by law. 5.10 In case of defects in essential products bought from third parties and used by CLAAS in the machinery, CLAAS shall have the right to refer the Customer initially to the service organisation of the supplier concerned in respect of claims for repair or replacement, without this implying any limitation of the warranty given by CLAAS.

QUALITY OF GOODS. 5.1 CLAAS XXXXX warrants that on delivery, the Goods shall: 5.1.1 be Conform in all material respects with the Goods Specification; 5.1.2 Be free from material defects in design, material and workmanship for a period of twelve (12) months; 5.1.2 fifteen (15) 12 months after transfer from first date of risk of loss the warranty rights shall expire and lapse. delivery to a final customer. 5.2 XXXXX will use its reasonable endeavours to give the Customer the benefit of any warranty, guarantee or undertaking supplied by the Manufacturer. 5.3 The Customer may reject any Goods delivered to it that do not comply with clause 5.1, provided that: 5.2.1 5.3.1 notice of rejection is given to CLAASXXXXX: 5.2.1.1 5.3.1.1 in the case of a defect that is apparent on normal visual inspection, within 48 hours of delivery; 5.2.1.2 5.3.1.2 in the case of a latent defect, within a reasonable time of the latent defect having become apparent but no later than 3 months from the date of delivery; and;. 5.2.1.3 5.3.2 none of the events listed in clause 5.5 5.6 apply. 5.3 5.4 If the Customer fails to give notice of rejection in accordance with clause 5.25.3, it shall be deemed to have accepted these Goods. 5.4 5.5 Subject to clause 5.55.55.6, CLAAS XXXXX shall, at its option, repair or replace the defective Goods (excluding the cost of labour)Goods, or provide credit to the Customer equal to the price of the defective Goods in full if: 5.4.1 5.5.1 the Customer gives notice in writing in accordance with clause 5.2 and, if the defect occurs within the warranty period ahead of the period described in 5.2 by use of the prescribed warranty claim procedure5.3; 5.4.2 CLAAS 5.5.2 XXXXX is given a reasonable opportunity of examining such Goods; 5.4.3 5.5.3 the Customer (if asked to do so by CLAASXXXXX) returns such Goods to CLAASXXXXX' place of business at the Customer's cost; and 5.4.4 5.5.4 (where the Goods are not manufactured by CLAASXXXXX) CLAAS XXXXX itself has redress against the Manufacturer or supplier of the defective Goods except where the Goods are defective by reason of the negligence of an employee of CLAASXXXXX. 5.5 CLAAS 5.6 XXXXX shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if: 5.5.1 5.6.1 the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2; 5.6.2 the defect arises because the Customer failed to follow CLAASXXXXX' or the Manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; 5.5.2 5.6.3 the defect arises as a result of CLAAS XXXXX following any drawing, design or Goods Specification supplied by the Customer; 5.5.3 5.6.4 the Customer alters or repairs such Goods without the written consent of CLAASXXXXX; 5.5.4 5.6.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or 5.5.5 5.6.6 the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards. 5.6 5.7 Except as provided in this clause 4.11.24.11.3, CLAAS XXXXX shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1. 5.7 5.8 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by CLAAS for a period of 3 months. With reference to the price and discount system for the products CLAAS refunds only the costs of materials in those cases accepted under warranty. For warranty repairs, only original CLAAS parts are to be used by the CustomerXXXXX. 5.8 5.9 All parts of Goods replaced will become the property of CLAASXXXXX. 5.9 The warranty applies only to new Goods. The warranty is final. Any other rights, whether expressed implied by law or rights of any other kind, particularly claims for damages not having occurred on the Goods itself (consequential damage), cancellation or withdrawal from contract or reduction of prices, are hereby expressly waived and excluded, as far as permitted by law. 5.10 In case of defects in essential products bought from third parties and used by CLAAS in the machinery, CLAAS shall have the right to refer the Customer initially to the service organisation of the supplier concerned in respect of claims for repair or replacement, without this implying any limitation of the warranty given by CLAAS.

QUALITY OF GOODS. 5.1 CLAAS If and to the extent that any warranty given by a third party manufacturer in respect of the Goods can be assigned, Xxxxxx will pass these onto the Customer. 5.2 Xxxxxx warrants that on delivery, and for a period of 12 months from the date of delivery (unless otherwise agreed between the parties in writing) (Warranty Period), the Goods shall: 5.1.1 5.2.1 conform in all material respects with their description and any applicable Goods Specification; 5.2.2 be free from material defects in design, material and workmanship for a period workmanship; and 5.2.3 be of twelve satisfactory quality (12) months; 5.1.2 fifteen (15) months after transfer within the meaning of risk the Sale of loss the warranty rights shall expire and lapse. Goods Act 1979). 5.2 5.3 The Customer may reject any Goods delivered to it that do not comply with clause 5.15.2, provided that: 5.2.1 5.3.1 notice of rejection is given to CLAASXxxxxx: 5.2.1.1 5.3.1.1 in the case of a defect that is apparent on normal visual inspection, within 48 hours five Business Days of delivery; 5.2.1.2 5.3.1.2 in the case of a latent defect, within a reasonable time of the latent defect having become apparent but no later than 3 months from the date of deliveryapparent; and; 5.2.1.3 5.3.2 none of the events listed in clause 5.5 5.6 apply. 5.3 5.4 If the Customer fails to give notice of rejection in accordance with clause 5.25.3.1, it shall be deemed to have accepted these the Goods. 5.4 Subject 5.5 If the Customer rejects the Goods under clause 5.3: 5.5.1 Xxxxxx shall be given a reasonable opportunity to examine such Goods; 5.5.2 the Customer (if asked to do so by Xxxxxx) shall return such Goods to Xxxxxx’x place of business at the Customer’s cost; and 5.5.3 if such Goods are found to not comply with the warranty set out in clause 5.55.55.2, CLAAS Xxxxxx shall, at its option, repair or replace the defective Goods (excluding the cost of labour)Goods, or provide credit to the Customer equal to refund the price of the defective Goods in full if: 5.4.1 the Customer gives notice in writing in accordance with clause 5.2 and, if the defect occurs within the warranty period ahead of the period described in 5.2 by use of the prescribed warranty claim procedure; 5.4.2 CLAAS is given a reasonable opportunity of examining such Goods; 5.4.3 the Customer (if asked to do so by CLAAS) returns such Goods to CLAAS' place of business at the Customer's cost; and 5.4.4 (where the Goods are not manufactured by CLAAS) CLAAS itself has redress against the Manufacturer or supplier of the defective Goods except where the Goods are defective by reason of the negligence of an employee of CLAASfull. 5.5 CLAAS 5.6 Xxxxxx shall not be liable for the Goods' ’ failure to comply with the warranty set out in clause 5.1 5.2 if: 5.5.1 5.6.1 the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.3; 5.6.2 the defect arises because the Customer failed to follow CLAAS' or the Manufacturer’s Xxxxxx’x oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practicepractice regarding the same; 5.5.2 5.6.3 the defect arises as a result of CLAAS Xxxxxx following any drawing, design or Goods Specification specification supplied by the CustomerCustomer (including any Goods Specification); 5.5.3 5.6.4 the Customer alters or repairs such Goods without the written consent of CLAASXxxxxx; 5.5.4 5.6.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or 5.5.5 5.6.6 the Goods differ from their description and/or the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standardsrequirements. 5.6 5.7 Except as provided in this clause 4.11.25, CLAAS Xxxxxx shall have no liability to the Customer in respect of the Goods' ’ failure to comply with the warranty set out in clause 5.15.2. 5.7 The terms of these 5.8 These Conditions shall apply to any repaired or replacement Goods supplied by CLAAS for a period of 3 months. With reference to the price and discount system for the products CLAAS refunds only the costs of materials in those cases accepted under warranty. For warranty repairs, only original CLAAS parts are to be used by the Customer. 5.8 All parts of Goods replaced will become the property of CLAASXxxxxx. 5.9 The warranty applies only If and to new Goodsthe extent that the Contract relates to a Sample, such Sample(s) shall be supplied on an “as is” basis and without warranty. The warranty is final. Any other rights, whether expressed implied by law or rights provisions of this clause 5 shall not apply to any other kind, particularly claims for damages not having occurred on the Goods itself (consequential damage), cancellation or withdrawal from contract or reduction of prices, are hereby expressly waived and excluded, as far as permitted by lawSample. 5.10 In case of defects in essential products bought from third parties and used by CLAAS in the machinery, CLAAS shall have the right to refer the Customer initially to the service organisation of the supplier concerned in respect of claims for repair or replacement, without this implying any limitation of the warranty given by CLAAS.

QUALITY OF GOODS. 5.1 CLAAS warrants that on delivery, the Goods shall:shall:‌ 5.1.1 be free from defects in material and workmanship for a period of twelve (12) months; 5.1.2 fifteen (15) months after transfer of risk of loss the warranty rights shall expire and lapse. . 5.2 The Customer may reject any Goods delivered to it that do not comply with clause 5.1, provided that: 5.2.1 notice of rejection is given to CLAAS: 5.2.1.1 in the case of a defect that is apparent on normal visual inspection, within 48 hours of delivery; 5.2.1.2 in the case of a latent defect, within a reasonable time of the latent defect having become apparent but no later than 3 months from the date of delivery; and; 5.2.1.3 none of the events listed in clause 5.5 apply. 5.3 If the Customer fails to give notice of rejection in accordance with clause 5.2, it shall be deemed to have accepted these Goods. 5.4 Subject to clause 5.55.55.5., CLAAS shall, at its option, repair or replace the defective Goods (excluding the cost of labour), or provide credit to the Customer equal to the price of the defective Goods in full if: 5.4.1 the Customer gives notice in writing in accordance with clause 5.2 and, if the defect occurs within the warranty period ahead of the period described in 5.2 by use of the prescribed warranty claim procedure; 5.4.2 CLAAS is given a reasonable opportunity of examining such Goods; 5.4.3 the Customer (if asked to do so by CLAAS) returns such Goods to CLAAS' place of business at the Customer's cost; and 5.4.4 (where the Goods are not manufactured by CLAAS) CLAAS itself has redress against the Manufacturer or supplier of the defective Goods except where the Goods are defective by reason of the negligence of an employee of CLAAS. 5.5 CLAAS shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:if:‌ 5.5.1 the defect arises because the Customer failed to follow CLAAS' or the Manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; 5.5.2 the defect arises as a result of CLAAS following any drawing, design or Goods Specification supplied by the Customer; 5.5.3 the Customer alters or repairs such Goods without the written consent of CLAAS; 5.5.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or 5.5.5 the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards. 5.6 Except as provided in this clause 4.11.2, CLAAS shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1. 5.7 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by CLAAS for a period of 3 months. With reference to the price and discount system for the products CLAAS refunds only the costs of materials in those cases accepted under warranty. For warranty repairs, only original CLAAS parts are to be used by the Customer. 5.8 All parts of Goods replaced will become the property of CLAAS. 5.9 The warranty applies only to new Goods. The warranty is final. Any other rights, whether expressed implied by law or rights of any other kind, particularly claims for damages not having occurred on the Goods itself (consequential damage), cancellation or withdrawal from contract or reduction of prices, are hereby expressly waived and excluded, as far as permitted by law. 5.10 In case of defects in essential products bought from third parties and used by CLAAS in the machinery, CLAAS shall have the right to refer the Customer initially to the service organisation of the supplier concerned in respect of claims for repair or replacement, without this implying any limitation of the warranty given by CLAAS.

QUALITY OF GOODS. 5.1 CLAAS warrants that on delivery, the Goods shall: 5.1.1 be free from defects in material and workmanship for a period of twelve (12) months; 5.1.2 fifteen (15) months after transfer of risk of loss the warranty rights shall expire and lapse. . 5.2 The Customer may reject any Goods delivered to it that do not comply with clause 5.1, provided that: 5.2.1 notice of rejection is given to CLAAS: 5.2.1.1 in the case of a defect that is apparent on normal visual inspection, within 48 hours of delivery; 5.2.1.2 in the case of a latent defect, within a reasonable time of the latent defect having become apparent but no later than 3 months from the date of delivery; and; 5.2.1.3 none of the events listed in clause 5.5 apply. 5.3 If the Customer fails to give notice of rejection in accordance with clause 5.2, it shall be deemed to have accepted these Goods. 5.4 Subject to clause 5.55.5, CLAAS shall, at its option, repair or replace the defective Goods (excluding the cost of labour), or provide credit to the Customer equal to the price of the defective Goods in full if: 5.4.1 the Customer gives notice in writing in accordance with clause 5.2 and, if the defect occurs within the warranty period ahead of the period described in 5.2 by use of the prescribed warranty claim procedure; 5.4.2 CLAAS is given a reasonable opportunity of examining such Goods; 5.4.3 the Customer (if asked to do so by CLAASXXXXX) returns such Goods to CLAAS' place of business at the Customer's cost; and 5.4.4 (where the Goods are not manufactured by CLAAS) CLAAS itself has redress against the Manufacturer or supplier of the defective Goods except where the Goods are defective by reason of the negligence of an employee of CLAAS. 5.5 CLAAS shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if: 5.5.1 the defect arises because the Customer failed to follow CLAAS' or the Manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; 5.5.2 the defect arises as a result of CLAAS following any drawing, design or Goods Specification supplied by the Customer; 5.5.3 the Customer alters or repairs such Goods without the written consent of CLAAS; 5.5.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or 5.5.5 the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards. 5.6 Except as provided in this clause 4.11.2, CLAAS shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1. 5.7 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by CLAAS for a period of 3 months. With reference to the price and discount system for the products CLAAS refunds only the costs of materials in those cases accepted under warranty. For warranty repairs, only original CLAAS parts are to be used by the Customer. 5.8 All parts of Goods replaced will become the property of CLAASXXXXX. 5.9 The warranty applies only to new Goods. The warranty is final. Any other rights, whether expressed implied by law or rights of any other kind, particularly claims for damages not having occurred on the Goods itself (consequential damage), cancellation or withdrawal from contract or reduction of prices, are hereby expressly waived and excluded, as far as permitted by law. 5.10 In case of defects in essential products bought from third parties and used by CLAAS in the machinery, CLAAS shall have the right to refer the Customer initially to the service organisation of the supplier concerned in respect of claims for repair or replacement, without this implying any limitation of the warranty given by CLAAS.

QUALITY OF GOODS. 5.1 CLAAS warrants that on delivery, the Goods shall: 5.1.1 conform in all material respects with the Goods Specification; 5.1.2 be free from material defects in design, material and workmanship for a period of twelve (12) months; 5.1.2 fifteen (15) 12 months after transfer from first date of risk of loss the warranty rights shall expire and lapse. delivery to a final customer. 5.2 CLAAS will use its reasonable endeavours to give the Customer the benefit of any warranty, guarantee or undertaking supplied by the Manufacturer. 5.3 The Customer may reject any Goods delivered to it that do not comply with clause 5.1, provided that: 5.2.1 5.3.1 notice of rejection is given to CLAAS: 5.2.1.1 5.3.1.1 in the case of a defect that is apparent on normal visual inspection, within 48 hours of delivery; 5.2.1.2 5.3.1.2 in the case of a latent defect, within a reasonable time of the latent defect having become apparent but no later than 3 months from the date of delivery; and;. 5.2.1.3 5.3.2 none of the events listed in clause 5.5 5.6 apply. 5.3 5.4 If the Customer fails to give notice of rejection in accordance with clause 5.25.3, it shall be deemed to have accepted these Goods. 5.4 5.5 Subject to clause 5.55.55.6, CLAAS shall, at its option, repair or replace the defective Goods (excluding the cost of labour)Goods, or provide credit to the Customer equal to the price of the defective Goods in full if: 5.4.1 5.5.1 the Customer gives notice in writing in accordance with clause 5.2 and, if the defect occurs within the warranty period ahead of the period described in 5.2 by use of the prescribed warranty claim procedure5.3; 5.4.2 5.5.2 CLAAS is given a reasonable opportunity of examining such Goods; 5.4.3 5.5.3 the Customer (if asked to do so by CLAAS) returns such Goods to CLAAS' place of business at the Customer's cost; and 5.4.4 5.5.4 (where the Goods are not manufactured by CLAAS) CLAAS itself has redress against the Manufacturer or supplier of the defective Goods except where the Goods are defective by reason of the negligence of an employee of CLAAS. 5.5 5.6 CLAAS shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if: 5.5.1 5.6.1 the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2; 5.6.2 the defect arises because the Customer failed to follow CLAAS' or the Manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; 5.5.2 5.6.3 the defect arises as a result of CLAAS following any drawing, design or Goods Specification supplied by the Customer; 5.5.3 5.6.4 the Customer alters or repairs such Goods without the written consent of CLAAS; 5.5.4 5.6.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or 5.5.5 5.6.6 the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards. 5.6 5.7 Except as provided in this clause 4.11.24.11.3, CLAAS shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1. 5.7 5.8 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by CLAAS for a period of 3 months. With reference to the price and discount system for the products CLAAS refunds only the costs of materials in those cases accepted under warranty. For warranty repairs, only original CLAAS parts are to be used by the CustomerCLAAS. 5.8 5.9 All parts of Goods replaced will become the property of CLAAS. 5.9 The warranty applies only to new Goods. The warranty is final. Any other rights, whether expressed implied by law or rights of any other kind, particularly claims for damages not having occurred on the Goods itself (consequential damage), cancellation or withdrawal from contract or reduction of prices, are hereby expressly waived and excluded, as far as permitted by law. 5.10 In case of defects in essential products bought from third parties and used by CLAAS in the machinery, CLAAS shall have the right to refer the Customer initially to the service organisation of the supplier concerned in respect of claims for repair or replacement, without this implying any limitation of the warranty given by CLAAS.

QUALITY OF GOODS. 5.1 CLAAS PRSL warrants that on delivery, and for a period of 6 months from the date of delivery unless an alternative warranty period is notified to the Customer in writing by PRSL (warranty period), the Goods shall: 5.1.1 conform in all material respects with their description and any applicable Goods Specification; 5.1.2 be free from material defects in design, material and workmanship for a period of twelve (12) monthsworkmanship; 5.1.2 fifteen 5.1.3 be of satisfactory quality (15) months after transfer within the meaning of risk the Sale of loss the warranty rights shall expire and lapse. Goods Act 1979); and 5.1.4 be fit for any purpose held out by PRSL. 5.2 The Customer may reject any Goods delivered to it that do not comply with clause 5.1, provided that: 5.2.1 notice of rejection is given to CLAAS: 5.2.1.1 in the case of a defect that is apparent on normal visual inspection, within 48 hours of delivery; 5.2.1.2 in the case of a latent defect, within a reasonable time of the latent defect having become apparent but no later than 3 months from the date of delivery; and; 5.2.1.3 none of the events listed in clause 5.5 apply. 5.3 If the Customer fails to give notice of rejection in accordance with clause 5.2, it shall be deemed to have accepted these Goods. 5.4 Subject to clause 5.55.55.3, CLAAS PRSL shall, at its option, repair or replace the defective Goods (excluding the cost of labour)Goods, or provide credit to the Customer equal to refund the price of the defective Goods in full if: 5.4.1 5.2.1 the Customer gives notice in writing in accordance with clause 5.2 and, if the defect occurs within during the warranty period ahead within a reasonable time of discovery that some or all of the period described Goods do not comply with the warranty set out in 5.2 by use of the prescribed warranty claim procedureclause 5; 5.4.2 CLAAS 5.2.2 PRSL is given a reasonable opportunity of examining such Goods;; and 5.4.3 5.2.3 the Customer (if asked to do so by CLAASPRSL) returns such Goods to CLAAS' PRSL's place of business at the Customer's cost; and 5.4.4 (where the Goods are not manufactured by CLAAS) CLAAS itself has redress against the Manufacturer or supplier of the defective Goods except where the Goods are defective by reason of the negligence of an employee of CLAAS. 5.5 CLAAS 5.3 PRSL shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if: 5.5.1 5.3.1 the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2; 5.3.2 the defect arises because the Customer failed to follow CLAAS' or the Manufacturer’s PRSL's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; 5.5.2 5.3.3 the defect arises as a result of CLAAS PRSL following any drawing, design or Goods Specification supplied by the Customer; 5.5.3 5.3.4 the Customer alters or repairs such Goods without the written consent of CLAASPRSL; 5.5.4 5.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or 5.5.5 5.3.6 the Goods differ from their description or the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards. 5.6 5.4 Except as provided in this clause 4.11.25, CLAAS PRSL shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1. 5.7 5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by CLAAS for a period of 3 months. With reference to the price and discount system for the products CLAAS refunds only the costs of materials in those cases accepted under warranty. For warranty repairs, only original CLAAS parts are to be used by the CustomerPRSL. 5.8 All parts of Goods replaced will become the property of CLAAS. 5.9 The warranty applies only to new Goods. The warranty is final. Any other rights, whether expressed implied by law or rights of any other kind, particularly claims for damages not having occurred on the Goods itself (consequential damage), cancellation or withdrawal from contract or reduction of prices, are hereby expressly waived and excluded, as far as permitted by law. 5.10 In case of defects in essential products bought from third parties and used by CLAAS in the machinery, CLAAS shall have the right to refer the Customer initially to the service organisation of the supplier concerned in respect of claims for repair or replacement, without this implying any limitation of the warranty given by CLAAS.

QUALITY OF GOODS. 5.1 CLAAS The Supplier warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall: 5.1.1 conform in all material respects with the Goods Specification; 5.1.2 be free from material defects in design, material and workmanship for a period of twelve (12) monthsworkmanship; 5.1.2 fifteen 5.1.3 be of satisfactory quality (15) months after transfer within the meaning of risk the Sale of loss Goods Act 1979); and 5.1.4 be fit for any purpose held out by the warranty rights shall expire and lapse. Supplier. 5.2 The Supplier warrants that on delivery the Goods shall conform in all material respects with any sample provided to the Customer may reject any Goods delivered to it that do not comply with clause 5.1, provided that: 5.2.1 notice of rejection is given to CLAAS: 5.2.1.1 in by the case of a defect that is apparent on normal visual inspection, within 48 hours of delivery; 5.2.1.2 in the case of a latent defect, within a reasonable time of the latent defect having become apparent but no later than 3 months from the date of delivery; and; 5.2.1.3 none of the events listed in clause 5.5 applySupplier. 5.3 If the Customer fails to give notice of rejection in accordance with clause 5.2, it shall be deemed to have accepted these Goods. 5.4 Subject to clause 5.55.55.4, CLAAS the Supplier shall, at its option, repair or replace the defective Goods (excluding the cost of labour)Goods, or provide credit to the Customer equal to refund the price of the defective Goods in full if: 5.4.1 5.3.1 the Customer gives notice in writing in accordance with clause 5.2 and, if the defect occurs within during the warranty period ahead within a reasonable time of discovery that some or all of the period described Goods do not comply with the warranty set out in 5.2 by use of the prescribed warranty claim procedureclause 5.1; 5.4.2 CLAAS 5.3.2 the Supplier is given a reasonable opportunity of examining such Goods;; and 5.4.3 5.3.3 the Customer (if asked to do so by CLAASthe Supplier) returns such Goods to CLAAS' the Supplier's place of business at the Customer's cost; and 5.4.4 (where the Goods are not manufactured by CLAAS) CLAAS itself has redress against the Manufacturer or supplier of the defective Goods except where the Goods are defective by reason of the negligence of an employee of CLAAS. 5.5 CLAAS 5.4 The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if: 5.5.1 5.4.1 the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2; 5.4.2 the defect arises because the Customer failed to follow CLAAS' or the Manufacturer’s Supplier's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; 5.5.2 5.4.3 the defect arises as a result of CLAAS the Supplier following any drawing, design or Goods Specification supplied by the Customer; 5.5.3 5.4.4 the Customer alters or repairs such Goods without the written consent of CLAASthe Supplier; 5.5.4 5.4.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or 5.5.5 5.4.6 the Goods differ from their description or the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards. 5.6 5.5 Except as provided in this clause 4.11.25, CLAAS the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty warranties set out in clause 5.1clauses 5.1 and 5.2 above. 5.7 5.6 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by CLAAS for a period of 3 months. With reference to the price and discount system for the products CLAAS refunds only the costs of materials in those cases accepted under warranty. For warranty repairs, only original CLAAS parts are to be used by the CustomerSupplier. 5.8 All parts of Goods replaced will become the property of CLAAS. 5.9 The warranty applies only to new Goods. The warranty is final. Any other rights, whether expressed implied by law or rights of any other kind, particularly claims for damages not having occurred on the Goods itself (consequential damage), cancellation or withdrawal from contract or reduction of prices, are hereby expressly waived and excluded, as far as permitted by law. 5.10 In case of defects in essential products bought from third parties and used by CLAAS in the machinery, CLAAS shall have the right to refer the Customer initially to the service organisation of the supplier concerned in respect of claims for repair or replacement, without this implying any limitation of the warranty given by CLAAS.