Scope and limits of the warranties. The scope and limits of the warranties given in Clause 7.1 and 7.2 shall be set forth in Clauses 8 and 9 below which form an integral part of that guarantee (Bestandteil der Garantieerklärung). O2 and Royal KPN agree that none of the warranties or statements of O2 and Royal KPN contained in this Agreement constitutes a guarantee of the condition of the goods sold (Garantie für die Beschaffenheit einer Sache) as defined in section 443 of the German Civil Code (Bürgerliches Gesetzbuch) or section 444 of the German Civil Code (Bürgerliches Gesetzbuch) or an agreement as to the condition of the goods sold (Beschaffenheitsvereinbarung) as defined in section 434 (1) German Civil Code (Bürgerliches Gesetzbuch) with regard to any of the assets or rights transferred or issued in accordance with this Agreement and none of such guarantees or statements shall be interpreted as such. On this basis, O2 and Royal KPN agree that section 444 of the German Civil Code (Bürgerliches Gesetzbuch) does not apply to any warranty contained in this Agreement, including any warranty that refers to the quality or condition of any items transferred or issued pursuant to this Agreement.
