Common use of Seller’s Liability Clause in Contracts

Seller’s Liability. 10.1 The Purchaser is and remains fully responsible at all times for the reliability and safety of its own installations, mechanisms, and goods. 10.2 The Seller is not liable for any damage resulting from errors or unlawful acts by itself, its employees or any other persons engaged by or on behalf of the Seller in the execution of the agreement concluded with the Purchaser, unless it is an error made or unlawful act committed by persons that can be considered to be bodies of its company or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such persons. 10.3 The Seller does not guarantee the suitability of the goods and services supplied or made available by it or of the goods made available for a special purpose. 10.4 The Seller is not liable for any damage resulting from or directly or indirectly related to the use of alternative or biological fuels, irrespective of whether it concerns an addition of such fuels or the supply of pure biological fuels. 10.5 Seller is not liable for any damage resulting from its recommendations for use, unless the recommendations are provided by persons that can be considered to be bodies of its company or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such persons. 10.6 The Seller is not liable for any damage, resulting directly or indirectly from defects in goods supplied or made available by the Seller or goods used in the execution of the agreement or resulting from a non-standard quality of the goods supplied by the Seller, unless mandatory provisions stipulate otherwise. In that case, the Seller’s obligation to pay damages does not exceed the amount to which the Seller is obliged pursuant to the law. 10.7 Except to the extent that mandatory provisions as referred to article 10.6 stipulate otherwise, any liability of the Seller is always limited to the lower amount of: a. the invoice amount or, in the absence thereof, the value of the performance agreed; b. in the event of partial deliveries – the invoice amount or, in the absence thereof, the value of the performance concerned; c. the amount covered by an insurance policy, if and in so far as the Seller is insured against the liability concerned,

Seller’s Liability. 10.1 The Purchaser is Except to the extent of any written warranties given by the Seller to the Buyer, all warranties and remains fully responsible at all times for representations, including those expressed or implied by law, are excluded to the reliability and safety of its own installations, mechanisms, and goodsextent permitted by law. 10.2 The Seller is shall not liable be liable: (a) for loss caused by any factors beyond the Seller’s reasonable control, including any act of God; (b) where the Buyer has altered or modified the Goods, misapplied the Goods, or have subjected them to any unusual or non-recommended use, storage, servicing or handling; (c) for any damage resulting from errors or unlawful acts by itself, its employees or any other persons engaged by or on behalf delay in delivery of the Seller in Goods or replacement Goods; (d) where the execution of the agreement concluded Buyer does not comply with the Purchaserterms of any written warranty; (e) for any indirect or consequential loss of any kind including, unless it is an error made or unlawful act committed by persons that can be considered to be bodies without limitation, loss of its company or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such personsprofits. 10.3 The Without limiting clause 10.2, the Seller’s total liability for defective or damaged Goods supplied by the Seller does not guarantee or otherwise arising under this Agreement is limited at the suitability Seller’s option to either: (a) replacing the Goods; or (b) refunding the price of the goods and services supplied or made available by it or of the goods made available for a special purposeGoods. 10.4 The Buyer must notify the Seller is within 21 days of delivery or collection of the Goods of any complaint the Buyer may have in respect of the Goods. The Seller will not be liable for any damage resulting from defective or directly or indirectly related to the use of alternative or biological fuels, irrespective of whether it concerns an addition of such fuels or the supply of pure biological fuelsdamaged Goods unless notification is given within this time period. 10.5 Without limiting any other provision of these Terms, the Buyer acknowledges and agrees that the description under which the Goods are sold represents no more than what the Seller is reasonably believes the Goods to be and does not liable constitute a guarantee or warranty that any crop resulting from the Goods will grow true to that description. The Seller gives no warranties in respect to the description, growth, quality, palatability, toxicity or purity of the Goods and will not be responsible for any damage resulting from its recommendations for use, unless the recommendations are provided by persons that can be considered to be bodies of its company unexpected or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such personsadverse results. 10.6 The Seller is not liable for any damage, resulting directly or indirectly from defects in goods supplied or made available by the Seller or goods used in the execution of the agreement or resulting from a non-standard quality of the goods supplied by the Seller, unless mandatory provisions stipulate otherwise. In that case, the Seller’s obligation to pay damages does not exceed the amount to which the Seller is obliged pursuant to the law. 10.7 Except to the extent that mandatory provisions as referred to article 10.6 stipulate otherwise, any liability of the Seller is always limited to the lower amount of: a. the invoice amount or, in the absence thereof, the value of the performance agreed; b. in the event of partial deliveries – the invoice amount or, in the absence thereof, the value of the performance concerned; c. the amount covered by an insurance policy, if and in so far as the Seller is insured against the liability concerned,

Seller’s Liability. 10.1 9.3.1 Seller shall indemnify and hold harmless Purchaser against and from any and all costs, losses, penalties, fines, damages, liabilities and expenses (including reasonable accountant’s and attorney’s fees and expenses) (“Losses”) incurred or suffered by Purchaser arising out of or relating to (i) any third party claims arising out of or related to any use, on or prior to the Closing Date, of asbestos by the Company or the Business or of any entity that was an affiliate or predecessor of the Company prior to the Closing Date (including without limitation, products liability claims and premises liability claims made by any persons), and (ii) any Losses arising out or related to the TMD Agreement. By way of clarification, any Losses relating to Taxes shall be addressed solely under Clause 10. 9.3.2 The Purchaser is shall notify the Seller without undue delay and remains fully responsible at all times in any event within 20 Business Days after having positive knowledge (positive Kenntnis) of any claim for breach of a Seller’s Guarantee or of a Seller’s covenant (ie claims under Clause 9.3.3) or for indemnity pursuant to Clauses 9.3.1 or 10 (the reliability “Claim Notice”). The Claim Notice shall describe the claim and safety the underlying facts in reasonable detail and shall, to the extent possible, specify the amount of its own installations, mechanisms, and goodsthe estimated damage. 10.2 The 9.3.3 If (i) a Seller’s Guarantee is incorrect in whole or in part or (ii) the Seller is in breach of any covenant (in whole or in part) contained in this Agreement, the Seller shall be liable to put the Company in the position which would have existed had the Seller’s Guarantee been correct or the covenant had not liable for any damage resulting from errors or unlawful acts by itself, its employees or any other persons engaged by or on behalf been breached (Naturalrestitution). If the Seller has not remedied the breach of the Seller in the execution Seller’s Guarantee or of the agreement concluded with Seller’s covenant within a reasonable period of time (which shall be in any event, no more than 40 Business Days after receipt of the Claim Notice), the Seller shall be obliged to pay to the Purchaser the amount of any Losses that would be necessary to put the Company, or at the election of the Purchaser, unless it is an error made or unlawful act committed by persons that can be considered to be bodies of its company or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such persons. 10.3 The Seller does not guarantee in the suitability of position in which the goods and services supplied or made available by it or of the goods made available for a special purpose. 10.4 The Seller is not liable for any damage resulting from or directly or indirectly related to the use of alternative or biological fuels, irrespective of whether it concerns an addition of such fuels Company or the supply of pure biological fuels. 10.5 Seller is not liable for any damage resulting from its recommendations for usePurchaser, unless the recommendations are provided by persons that can respectively, would be considered to be bodies of its company or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such persons. 10.6 The Seller is not liable for any damage, resulting directly or indirectly from defects in goods supplied or made available by the Seller or goods used in the execution of the agreement or resulting from a non-standard quality of the goods supplied by the Seller, unless mandatory provisions stipulate otherwise. In that case, had the Seller’s obligation to pay damages does Guarantee been correct or the Seller’s covenant not exceed the amount to which the Seller is obliged pursuant to the lawbeen breached. 10.7 Except 9.3.4 In respect of the scope of Seller’s liability the following shall apply: (i) Seller shall not be liable for indirect damages or consequential losses (including loss of profits) provided, however, that Seller shall be liable for all Losses arising out or relating to third party claims subject to Clauses 7.7.2, 7.10.2, 7.12, 9.3.1 (i) and 9.3.1 (ii) including any indirect damages or consequential losses related to any third party claims covered by that Clause. (ii) Seller shall only be liable to the extent that mandatory provisions the event causing the damage has not been taken into account in the Annual Accounts or the Closing Statements. (iii) Seller shall not be liable to the extent: (a) the Purchaser’s claim results from or is increased as referred to article 10.6 stipulate otherwise, any liability a consequence of the Seller is always limited passing or change of any law, statute, ordinance, rule, regulation, or administrative practice of any government, governmental department, agency or regulatory body after the Closing Date including (without prejudice to the lower amount of: a. generality of the invoice amount or, foregoing) any increase in the absence thereof, rates of taxation or any imposition of taxation or any withdrawal of relief from taxation not actually (or prospectively) in effect at the value of the performance agreedClosing Date; b. in (b) the event of partial deliveries – the invoice amount or, in the absence thereof, the value of the performance concerned; c. the amount covered damage is paid by an insurance policy, if and held by the Company or the Purchaser in so far as which event the Seller shall be liable for increases in insurance premiums; provided that the Purchaser shall procure that unpaid insurance claims are assigned to the Seller (subject in all respects to Clause 9.7); (c) the damage is insured against paid from a third party; or (d) the damage or liability concerned,occurs or is increased due to the fact that the Purchaser has not timely sent a Claim Notice in accordance with Clause 9.3.2, but only to the extent of such increase. 9.3.5 For the avoidance of doubt, sec. 254 BGB (mitigation of damages) shall apply. 9.3.6 Where one and the same set of facts (Sachverhalt) qualifies under more than one provision entitling Purchaser to a claim or remedy under this Agreement, there shall be only one claim or remedy. In particular, the foregoing shall apply if one and the same set of facts (Sachverhalt) qualifies under more than one of the Seller’s Guarantees. If however the same set of facts entails several damages or losses, each of such losses can be claimed (but in not event one and the same damage can be claimed twice).

Seller’s Liability. 10.1 The Purchaser is 9.1 Subject to clause 9.2 and remains fully responsible at except to the extent of any written warranties given by the Seller to the Buyer, all times for warranties and representations, including those expressed or implied by law, are excluded to the reliability and safety of its own installations, mechanisms, and goodsextent permitted by law. 10.2 9.2 The Seller is will use reasonable endeavours to ensure the Buyer receives the benefit of any manufacturer’s warranty provided in respect to the Goods. 9.3 The Seller shall not liable be liable: (a) for loss caused by any factors beyond the Seller’s reasonable control, including any act of God; (b) where the Buyer has altered or modified the Goods, misapplied the Goods, or have subjected them to any unusual or non-recommended use, storage, servicing or handling; (c) for any damage resulting from errors or unlawful acts by itself, its employees or any other persons engaged by or on behalf delay in delivery of the Seller in Goods or replacement Goods; (d) where the execution of the agreement concluded Buyer does not comply with the Purchaserterms of any written warranty; (e) for any indirect or consequential loss of any kind including, unless it is an error made or unlawful act committed by persons that can be considered to be bodies without limitation, loss of its company or executive officers profits; (f) for any second-hand Goods; (g) for normal wear and the Purchaser also proves that it constitutes intent or gross negligence of such personstear. 10.3 The Seller does not guarantee 9.4 Without limiting clause 9.3, the suitability of the goods and services Seller’s total liability for defective or damaged Goods supplied or made available by it or of the goods made available for a special purpose. 10.4 The Seller is not liable for any damage resulting from or directly or indirectly related to the use of alternative or biological fuels, irrespective of whether it concerns an addition of such fuels or the supply of pure biological fuels. 10.5 Seller is not liable for any damage resulting from its recommendations for use, unless the recommendations are provided by persons that can be considered to be bodies of its company or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such persons. 10.6 The Seller is not liable for any damage, resulting directly or indirectly from defects in goods supplied or made available by the Seller or goods used in the execution of the agreement or resulting from a non-standard quality of the goods supplied by the Seller, unless mandatory provisions stipulate otherwise. In that case, otherwise arising under this Agreement is limited at the Seller’s obligation option to pay damages either: (a) replacing the Goods or re-performing the Services; or (b) refunding the price of the Goods or provision of Service. 9.5 The Buyer must notify the Seller within 21 days of delivery or collection of the Goods of any complaint the Buyer may have in respect of the Goods. The Seller will not be liable for any defective or damaged Goods unless notification is given within this time period. 9.6 Without limiting any other provision of these Terms, the Buyer acknowledges and agrees that the description under which the Goods are sold represents no more than what the Seller reasonably believes the Goods to be and does not exceed the amount to which the Seller is obliged pursuant constitute a guarantee or warranty as to the law. 10.7 Except to the extent that mandatory provisions as referred to article 10.6 stipulate otherwise, any liability quality or suitability of the Seller is always limited to the lower amount of: a. the invoice amount or, in the absence thereof, the value of the performance agreed; b. in the event of partial deliveries – the invoice amount or, in the absence thereof, the value of the performance concerned; c. the amount covered by an insurance policy, if and in so far as the Seller is insured against the liability concerned,Goods.

Seller’s Liability. 10.1 The Purchaser is 9.1 Subject to clause 9.2 and remains fully responsible at except to the extent of any written warranties given by the Seller to the Buyer, all times for warranties and representations, including those expressed or implied by law, are excluded to the reliability and safety of its own installations, mechanisms, and goodsextent permitted by law. 10.2 9.2 The Seller is will use reasonable endeavours to ensure the Buyer receives the benefit of any manufacturer’s warranty provided in respect to the Goods. 9.3 The Seller shall not liable be liable: (a) for loss caused by any factors beyond the Seller’s reasonable control, including any act of God; (b) where the Buyer has altered or modified the Goods, misapplied the Goods, or have subjected them to any unusual or non-recommended use, storage, servicing or handling; (c) where the Buyer does not comply with the terms of any written warranty; (d) for any damage resulting from errors or unlawful acts by itself, its employees or any other persons engaged by or on behalf delay in delivery of the Seller in the execution Goods or replacement Goods; (e) for any indirect or consequential loss of the agreement concluded with the Purchaserany kind including, unless it is an error made or unlawful act committed by persons that can be considered to be bodies without limitation, loss of its company or executive officers profits; (f) for any second-hand Goods; (g) for normal wear and the Purchaser also proves that it constitutes intent or gross negligence of such personstear. 10.3 The Seller does not guarantee 9.4 Without limiting clause 9.3, the suitability of the goods and services Seller’s total liability for defective or damaged Goods supplied or made available by it or of the goods made available for a special purpose. 10.4 The Seller is not liable for any damage resulting from or directly or indirectly related to the use of alternative or biological fuels, irrespective of whether it concerns an addition of such fuels or the supply of pure biological fuels. 10.5 Seller is not liable for any damage resulting from its recommendations for use, unless the recommendations are provided by persons that can be considered to be bodies of its company or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such persons. 10.6 The Seller is not liable for any damage, resulting directly or indirectly from defects in goods supplied or made available by the Seller or goods used in the execution of the agreement or resulting from a non-standard quality of the goods supplied by the Seller, unless mandatory provisions stipulate otherwise. In that case, otherwise arising under this Agreement is limited at the Seller’s obligation option to pay damages either: (a) replacing the Goods or re-performing the Services; or (b) refunding the price of the Goods or provision of Service. 9.5 The Buyer must notify the Seller within 21 days of delivery or collection of the Goods of any complaint the Buyer may have in respect of the Goods. The Seller will not be liable for any defective or damaged Goods unless notification is given within this time period. 9.6 Without limiting any other provision of these Terms, the Buyer acknowledges and agrees that the description under which the Goods are sold represents no more than what the Seller reasonably believes the Goods to be and does not exceed the amount to which the Seller is obliged pursuant constitute a guarantee or warranty as to the law. 10.7 Except to the extent that mandatory provisions as referred to article 10.6 stipulate otherwise, any liability quality or suitability of the Seller is always limited to the lower amount of: a. the invoice amount or, in the absence thereof, the value of the performance agreed; b. in the event of partial deliveries – the invoice amount or, in the absence thereof, the value of the performance concerned; c. the amount covered by an insurance policy, if and in so far as the Seller is insured against the liability concerned,Goods.

Seller’s Liability. 10.1 The Purchaser 15.1 To the extent permitted by law and subject to any written warranty entered into between the Seller and the Customer with respect to goods provided under these terms and conditions: (a) these terms and conditions exclude all other conditions, warranties, liabilities or representations in relation to the goods and /or services whether express or implied; (b) where goods have not been manufactured by the Seller, the Customer is and remains fully responsible at all times only entitled to such benefits as the Seller may receive under any warranties or representations given to the Seller by the manufacturer of the goods; and (c) the Customer indemnifies the Seller for any claim, damage or injury to, or by, the reliability and safety of its own installations, mechanisms, and goods. 10.2 15.2 Where legislation implies in these terms and conditions any condition or warranty that cannot be excluded or modified, the liability of the Seller for a breach of any such condition or warranty is limited at the Seller’s option to any one or more of the following: (a) In the case of goods: (i) repair or replacement of the goods in accordance with clause 15.3 or the supply of equivalent goods; (ii) payment of the cost of replacing the goods or of acquiring equivalent goods, by credit to the Customer’s account, in cash or by cheque at the Seller’s discretion; or (iii) repayment of any part of the purchase price of the goods which has been paid by the Customer, by credit to the Customer’s account at the Seller’s discretion. (b) In the case of advice, recommendations, information or services: (i) resupply the advice recommendations, information or services. 15.3 Parts and labour for repair or replacement under clause 15.2(a) will be provided by the Seller during normal working hours at a place of business of the Seller. The Seller is not liable for the cost of transportation of the goods to such place of business. All rejected parts or defective parts will be the property of the Seller to dispose of as it sees fit. 15.4 The Seller’s maximum liability arising out of or in connection with the Agreement, or any product or service, is limited to 100% of the amount paid by the Customer to the Seller for the product or service purchased. The Seller is not liable for any loss or damage resulting from errors of any kind whatsoever and howsoever arising (including but not limited to loss arising by reason of delay, non-delivery, defective materials or unlawful acts by itselfworkmanship) out of or in connection with the supply of goods or services, including without limitation any indirect, special, incidental or consequential loss (including without limitation loss of use of facilities or equipment, loss of profit, loss of revenue, loss of contract, loss on resale, loss of goodwill or increased cost of workings), even if due to the negligence of the Seller or any of its employees or any other persons engaged by or on behalf of agents. In no event is the Seller in the execution of the agreement concluded with the Purchaser, unless it is an error made or unlawful act committed by persons that can be considered to be bodies of its company or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such persons. 10.3 The Seller does not guarantee the suitability of the goods and services supplied or made available by it or of the goods made available for a special purpose. 10.4 The Seller is not liable for any damage resulting from loss of samples or directly or indirectly related to the use of alternative or biological fuels, irrespective of whether it concerns an addition of such fuels or the supply of pure biological fuelsspecimens. 10.5 Seller is not liable for any damage resulting from its recommendations for use, unless the recommendations are provided by persons that can be considered to be bodies of its company or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such persons. 10.6 The Seller is not liable for any damage, resulting directly or indirectly from defects in goods supplied or made available by the Seller or goods used in the execution of the agreement or resulting from a non-standard quality of the goods supplied by the Seller, unless mandatory provisions stipulate otherwise. In that case, the Seller’s obligation to pay damages does not exceed the amount to which the Seller is obliged pursuant to the law. 10.7 Except to the extent that mandatory provisions as referred to article 10.6 stipulate otherwise, any liability of the Seller is always limited to the lower amount of: a. the invoice amount or, in the absence thereof, the value of the performance agreed; b. in the event of partial deliveries – the invoice amount or, in the absence thereof, the value of the performance concerned; c. the amount covered by an insurance policy, if and in so far as the Seller is insured against the liability concerned,

Seller’s Liability. 10.1 The Purchaser is 11.1 Except to the extent of any written warranties given by the Seller to the Buyer, all warranties and remains fully responsible at all times for representations, including those expressed or implied by law, are excluded to the reliability and safety of its own installations, mechanisms, and goodsextent permitted by law. 10.2 11.2 The Seller is shall not liable be liable: (a) for loss caused by any factors beyond the Seller’s reasonable control, including any act of God; (b) where the Buyer has altered or modified the Goods, misapplied the Goods, or have subjected them to any unusual or non- recommended use, storage, servicing or handling; (c) for any damage resulting shortfall or delay in delivery from errors a 3rd party or unlawful acts by itself, its employees or any other persons engaged by or on behalf of replacement Goods; (d) where the Seller in the execution of the agreement concluded Buyer does not comply with the Purchaserterms of any written warranty; (e) for any indirect or consequential loss of any kind including, unless it is an error made or unlawful act committed by persons that can be considered to be bodies without limitation, loss of its company or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such personsprofits. 10.3 The Seller does not guarantee 11.3 Without limiting clause 11.2, the suitability of the goods and services Seller’s total liability for defective or damaged Goods supplied or made available by it or of the goods made available for a special purpose. 10.4 The Seller is not liable for any damage resulting from or directly or indirectly related to the use of alternative or biological fuels, irrespective of whether it concerns an addition of such fuels or the supply of pure biological fuels. 10.5 Seller is not liable for any damage resulting from its recommendations for use, unless the recommendations are provided by persons that can be considered to be bodies of its company or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such persons. 10.6 The Seller is not liable for any damage, resulting directly or indirectly from defects in goods supplied or made available by the Seller or goods used in the execution of the agreement or resulting from a non-standard quality of the goods supplied by the Seller, unless mandatory provisions stipulate otherwise. In that case, otherwise arising under this Agreement is limited at the Seller’s obligation option to pay damages either: (a) replacing the Goods; or (b) refunding the price of the Goods. 11.4 The Buyer must notify the Seller within 21 days of delivery or collection of the Goods of any complaint the Buyer may have in respect of the Goods. The Seller will not be liable for any defective or damaged Goods unless notification is given within this time period. 11.5 Without limiting any other provision of these Terms, the Buyer acknowledges and agrees that the description under which the Goods are sold represents no more than what the Seller reasonably believes the Goods to be and does not exceed constitute a guarantee or warranty that any crop resulting from the amount Goods will grow true to which the that description. The Seller is obliged pursuant gives no warranties in respect to the law. 10.7 Except to the extent that mandatory provisions as referred to article 10.6 stipulate otherwisedescription, any liability growth, quality, palatability, toxicity or purity of the Seller is always limited to the lower amount of: a. the invoice amount or, in the absence thereof, the value of the performance agreed; b. in the event of partial deliveries – the invoice amount or, in the absence thereof, the value of the performance concerned; c. the amount covered by an insurance policy, if Goods and in so far as the Seller is insured against the liability concerned,will not be responsible for any unexpected or adverse results.

Seller’s Liability. 10.1 The Purchaser is 9.1 Except to the extent of any written warranties given by the Seller to the Buyer, all warranties and remains fully responsible at all times for representations, including those expressed or implied by law, are excluded to the reliability and safety of its own installations, mechanisms, and goodsextent permitted by law. 10.2 9.2 The Seller is shall not liable be liable: (a) for loss caused by any factors beyond the Seller’s reasonable control, including any act of God; (b) where the Buyer has altered or modified the Goods, misapplied the Goods, or have subjected them to any unusual or non-recommended use, storage, servicing or handling; (c) for any damage resulting from errors or unlawful acts by itself, its employees or any other persons engaged by or on behalf delay in delivery of the Seller in Goods or Services, or replacement Goods; (d) where the execution of the agreement concluded Buyer does not comply with the Purchaserterms of any written warranty; (e) for any indirect or consequential loss of any kind including, unless it is an error made or unlawful act committed by persons that can be considered to be bodies without limitation, loss of its company or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such personsprofits. 10.3 The Seller does not guarantee 9.3 Without limiting clause 9.2, the suitability of the goods and services Seller’s total liability for defective or damaged Goods or Services supplied or made available by it or of the goods made available for a special purpose. 10.4 The Seller is not liable for any damage resulting from or directly or indirectly related to the use of alternative or biological fuels, irrespective of whether it concerns an addition of such fuels or the supply of pure biological fuels. 10.5 Seller is not liable for any damage resulting from its recommendations for use, unless the recommendations are provided by persons that can be considered to be bodies of its company or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such persons. 10.6 The Seller is not liable for any damage, resulting directly or indirectly from defects in goods supplied or made available by the Seller or goods used in the execution of the agreement or resulting from a non-standard quality of the goods supplied by the Seller, unless mandatory provisions stipulate otherwise. In that case, otherwise arising under this Agreement is limited at the Seller’s obligation option to pay damages either: (a) replacing the Goods; (b) remedying the Goods and/or Services; or (c) refunding the price of the Goods and/or Services. 9.4 The Buyer must notify the Seller within 21 days of delivery or collection of the Goods of any complaint the Buyer may have in respect of the Goods or Services. The Seller will not be liable for any defective or damaged Goods or Services unless notification is given within this time period. 9.5 Without limiting any other provision of these Terms, the Buyer acknowledges and agrees that the description under which the Goods are sold represents no more than what the Seller reasonably believes the Goods to be and does not exceed constitute a guarantee or warranty that the amount Goods will be true to which the Seller is obliged pursuant to the lawthat description. 10.7 Except to the extent that mandatory provisions as referred to article 10.6 stipulate otherwise, any liability of the Seller is always limited to the lower amount of: a. the invoice amount or, in the absence thereof, the value of the performance agreed; b. in the event of partial deliveries – the invoice amount or, in the absence thereof, the value of the performance concerned; c. the amount covered by an insurance policy, if and in so far as the Seller is insured against the liability concerned,

Seller’s Liability. 10.1 6.1 The Purchaser Seller warrants that the capacity and performance of the goods supplied are sufficient and suitable for such of the purposes of the Buyer as the Buyer has made known to the Seller. The Buyer shall give full and accurate particulars of the Buyer’s requirements and the conditions under which the goods are to be used. 6.2 The Seller undertakes to replace or repair at the Seller’s option and to deliver carriage paid within the UK, or FOB United Kingdom Port any goods or parts of goods proved by the Buyer to be defective in design, material or workmanship provided such goods or parts are returned to the Seller’s works carriage paid within 12 months from date of despatch (or from date of commissioning if the Seller so agrees in writing). Any goods or parts not manufactured by the Seller are sold to the Buyer without any guarantee or warranty except such as are given by the manufacturer or supplier thereof and which the Seller is and remains fully responsible at all times able without cost to itself to enforce for the reliability and safety benefit of its own installations, mechanisms, and goodsthe Buyer. 10.2 6.3 The provision of sub-clause 6.2 are intended to operate in lieu of any warranty, condition or representation express or implied in respect of any defect in, or failure of, goods supplied or failure of such goods to perform a specific function, or for any loss, injury or damage of any nature resulting therefrom. 6.4 The Seller’s liability shall not exceed the invoice value of the goods in respect of which the claim is made; in no event shall the Seller is not be liable for any damage resulting indirect or consequential loss or loss of profit whatever and however arising. 6.5 In respect of goods supplied but not manufactured by the Seller, the Seller gives to the Buyer only such guarantees and warranties (if any) as the Seller enjoys and can enforce in respect of the goods. All goods replaced become the property of the Seller. 6.6 The Seller shall be under no liability: 6.6.1 unless the Buyer gives to the Seller written notice and details of the defect; 6.6.2 unless the Buyer returns the goods at the Buyer’s cost to the Seller if required by the Seller, or otherwise gives the Seller’s representative adequate opportunity to inspect the goods and remove samples for analysis; 6.6.3 if the Buyer has not used, kept, maintained or dealt with the goods properly and in accordance with the Seller’s instructions or directions issued from errors time to time; 6.6.4 for the repair or unlawful acts replacement of expendable items; 6.6.5 for repair or replacement of fair wear and tear consistent with the application of the goods; 6.6.6 if the Buyer has permitted persons other than the Seller or the Seller’s authorised representatives to effect any repair or replacement of parts, or maintenance or adjustments to the goods; 6.6.7 if the goods have not been paid for in full, or 6.6.8 if the Buyer has used any spares or replacements not authorised by itselfthe Seller 6.7 The guarantee contained in clauses 6.1 and 6.2 are not transferable without the Seller’s written consent. 6.8 All descriptions, its employees or any depictions and other persons engaged particulars supplied by or on behalf of the Seller in the execution of the agreement concluded with the Purchasercatalogues, unless it is an error made price lists or unlawful act committed by persons that can be considered to be bodies of its company or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such persons. 10.3 The Seller does not guarantee the suitability of the goods and services supplied or made available by it or of the goods made available for a special purpose. 10.4 The Seller is not liable for any damage resulting from or directly or indirectly related to the use of alternative or biological fuels, irrespective of whether it concerns an addition of such fuels or the supply of pure biological fuels. 10.5 Seller is not liable for any damage resulting from its recommendations for use, unless the recommendations are provided by persons that can be considered to be bodies of its company or executive officers and the Purchaser also proves that it constitutes intent or gross negligence of such persons. 10.6 The Seller is not liable for any damage, resulting directly or indirectly from defects in goods supplied or made available other documents issued by the Seller or goods used statements made by word of mouth are given for general information purposes only and the Buyer acknowledges that it is not entering into the contract in the execution of the agreement or resulting from a non-standard quality of the goods supplied by the Seller, unless mandatory provisions stipulate otherwise. In that case, the Seller’s obligation to pay damages does not exceed the amount to which the Seller is obliged pursuant to the lawreliance thereupon. 10.7 Except to the extent that mandatory provisions as referred to article 10.6 stipulate otherwise, any liability of the Seller is always limited to the lower amount of: a. the invoice amount or, in the absence thereof, the value of the performance agreed; b. in the event of partial deliveries – the invoice amount or, in the absence thereof, the value of the performance concerned; c. the amount covered by an insurance policy, if and in so far as the Seller is insured against the liability concerned,