Common use of Warranties and Guarantees Clause in Contracts

Warranties and Guarantees. 11.1 Subject to the provisions of the CPA (if applicable), no warranties, guarantees or representations, express or implied or tacit whether by law, contract or otherwise and whether they induced the contract or not, which are not set forth in this Agreement shall be binding on the Supplier and the Customer irrevocably waives any right (common law or otherwise) it may have to rely thereon. Goods may be guaranteed under the manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to Goods and services are hereby specifically excluded by the Supplier, with the exception of any implied warranties described in the CPA (if applicable). This notwithstanding, the Supplier reserves the right to alter, amend or change any manufacturer’s product specific warranties as applicable and undertakes to inform the Customer of any and all such alterations, amendments or changes upon the sale of the Goods. 11.2 Notwithstanding anything to the contrary in this Agreement but subject to the provisions of the CPA (if applicable), to the extent that Goods supplied by the Supplier are in any way defective, the Customer shall be entitled, within the warranty period (if any) applicable to such Goods to claim the replacement or repair of Goods to eliminate any defect in workmanship or materials found to be due exclusively to any acts or omissions on the part of the Supplier, provided that the Customer notifies the Supplier, in writing, of such defect within 7 days after the defect arises (which notice shall specify the alleged defect), provided that the Supplier shall have been given a reasonable opportunity of inspecting any alleged defect. 11.3 In order to be a valid claim, the terms of the guarantee as set out in clause 11.1 must be in writing, and the claim must specify the alleged defect, and be supported by the original tax invoice and a signed delivery note. In addition, the Goods (where applicable) must be returned by the Customer to the Supplier at the Supplier’s expense. 11.4 Subject to the provisions of the CPA (if applicable), the parties agree that the Supplier shall have no liability in respect of any injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use, the Goods and whether or not occasioned by the Supplier’s negligence (gross or otherwise) or any act or omission on its part. Without limiting the aforegoing the Supplier does not warrant that the Goods will be fit for the purposes for which they are to be used by the Customer (notwithstanding that the use to which the Customer intends to put the Goods is known to the Supplier). It is the sole responsibility of the Customer to determine that the Goods ordered are suitable for the purpose of intended use. For the purposes hereof, any reference to the Supplier shall include its servants, agents or contractors or any person for whose acts or omissions the Supplier may be liable in law. This also constitutes a stipulation xxxxxx in favour of such persons the benefits of which may be accepted by them at any time. 11.5 The Supplier shall be relieved of all obligations in terms of this clause, if- 11.5.1 repairs or modifications have been made by persons other than the Supplier, unless such repairs or modifications are made with the prior written consent of the Supplier; 11.5.2 any Goods are operated with any accessory, equipment or part not specifically supplied or approved in writing by the Supplier; 11.5.3 the Goods shall not have been operated or maintained in accordance with the Supplier’s instruction, or under normal use; the Goods shall not have been properly installed. 11.6 If repairs or replacements are effected by the Supplier, only the parts actually worked on and not the complete Goods shall be subject to a new guarantee, if any, hereunder. 11.7 Customers who acquire Goods for the purpose of on-selling these Goods, whether that Customer is permitted to do so or not (and nothing herein contained shall be deemed to allow that the Customer to on-sell Goods acquired from the Supplier whilst ownership vests in the Supplier), shall not advertise or issue or in any other way give or make any warranties guarantees or representations as to the Goods in any form whatsoever or offer to do so, which could result in liability being imposed upon the Supplier. 11.8 Notwithstanding the contents of this clause 11, insofar as any transactions in terms hereof fall with the ambit of the CPA, the following provisions shall apply in respect of warranties and guarantees in respect of the Goods. 11.8.1 Provided the CPA is applicable, within 6 months after delivery of the Goods to the Customer, the Customer may return the Goods to the Supplier, without penalty, if the Goods do not satisfy the requirements and standards contemplated in Section 55 of the CPA in which event the Supplier may either: 11.8.1.1 repair or replace the failed, unsafe or defective Goods; or 11.8.1.2 refund the Customer for the price paid by the Customer for the Goods. 11.8.2 In the event of the Supplier repairing any particular Goods or component of such Goods and within 3 months of that repair, the failure or defect or unsafe features not being remedied or a further failure, defect or unsafe feature is discovered, The Supplier may: 11.8.2.1 replace the Goods; or 11.8.2.2 refund the Customer the price paid by the Customer for the Goods. 11.8.3 In the event of the Supplier providing any new or reconditioned parts installed during any repair or maintenance work and the labour required to install it, such work and parts will be warranted for a period of 3 months after date of installation or such longer period as the Supplier may specify in writing. 11.8.4 The warranty set out in section 55 of the CPA is at all times subject to the Supplier’s policies containing circumstances where the warranties and/or guarantees are excluded due to, inter alia, Goods being misused or abused and does not apply to any ordinary wear and tear in respect of the Goods, having regard to the circumstances in which the Goods were intended to be ordinarily used. 11.9 Repair times given are merely estimates and are not binding on the Supplier. The Supplier shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any unforeseen delayed repairs. 11.10 With specific regards to the application of vinyl products due to its elastic properties lifting can occur. Should lifting occur within the first 6 months of application, the Supplier will use a primer adhesive to re-apply the vinyl product at no cost to the Customer, thereafter repair charges will apply.

Warranties and Guarantees. 11.1 Subject to Contractor warrants and guarantees that (i) all machinery, equipment, materials, systems, supplies and other items comprising the Project shall be new and of first-rate quality which satisfies utility-grade standards and in accordance with Prudent Utility Practices and the specifications set forth in this Agreement, suitable for use in generating electric energy and capacity under the climatic and normal operating conditions described in this Agreement and free from defective workmanship or materials, (ii) it will perform all of its design, construction, engineering and other Services 103 hereunder in accordance with the provisions of Section 2.3 hereof, (iii) the CPA Project and its components shall be free from all defects caused by errors or omissions in engineering and design, as determined by reference to Prudent Utility Practices, and shall comply with all Applicable Laws, all Applicable Permits, the Electrical Interconnection Requirements, the PPA Operating Requirements and the Guaranteed Emissions Limits in accordance with the provisions of Section 2.4 hereof, and (if applicableiv) the completed Project shall perform its intended functions of generating electric energy and capacity as a complete, integrated operating system as contemplated in this Agreement, it being understood that the design of the Facility (including, without limitation, the Electrical Interconnection Facilities and the Protective Apparatus) is based upon a design objective of useful life for a period not less than twenty-five (25) years from the Commercial Operation Date. If Owner notifies Contractor in writing no later than thirty (30) days after the expiration of the applicable Warranty Period of any defects or deficiencies in the Project discovered during the applicable Warranty Period, Contractor promptly (a) shall re-perform any of the Services at Contractor's expense to correct any errors, omissions, defects or deficiencies in the Project and (b) in the case of any defective or otherwise deficient machinery, equipment, materials, systems, supplies or other items (including without limitation the engineering or design thereof), no warrantiesshall replace or, guarantees at Contractor's option, repair the same at Contractor's expense such that it is in compliance with the standards warranted and guaranteed in this Section 10.1; provided, that Contractor's obligation to correct such defective or representationsdeficient items (x) shall not extend to any re-performance, express repairs or implied replacements to the extent required as a result of normal corrosion, erosion, noise level or tacit whether wear and tear in the operation of the Project (other than as caused by lawthe negligence of Contractor or any Subcontractor or the acts or omissions of Contractor or any Subcontractor that are not in compliance with Contractor's obligations hereunder) and (y) shall not apply to the extent such obligation arises directly from Owner's failure to operate and maintain the Project in accordance with the Instruction Manual and otherwise in accordance with Prudent Utility Practices. For the avoidance of doubt, contract the Parties hereby acknowledge and agree that Owner's use of No. 2 Fuel Oil in operating the Facility shall be deemed to be in accordance with the Instruction Manual and Prudent Utility Practices and shall not in any way excuse, release, invalidate or otherwise reduce Contractor's warranty and whether they induced 104 guarantee obligations under this Article 10. Contractor shall bear all costs and expenses associated with re-performing or repairing or replacing any Services, including, without limitation, necessary disassembly, transportation, reassembly and re-testing, as well as reworking, repair or replacement of such Services, and disassembly and reassembly of adjacent services when necessary to give access to the contract defective or notdeficient work; provided, which are however, that in the event Contractor is required in the performance of its warranty and guarantee obligations to remove, disassemble or reassemble any equipment, material or structures that (1) were not supplied by Contractor or its Subcontractors under this Agreement, (2) were not set forth in this Agreement the initial design plans for the Facility and (3) were not subsequently approved by Contractor (provided that Contractor shall be binding on the Supplier and the Customer irrevocably waives any right (common law or otherwise) it may have to rely thereon. Goods may be guaranteed under the manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to Goods and services are hereby specifically excluded by the Supplier, with the exception of any implied warranties described in the CPA (if applicable). This notwithstanding, the Supplier reserves the right to alter, amend or change any manufacturer’s product specific warranties as applicable and undertakes to inform the Customer of any and all such alterations, amendments or changes upon the sale of the Goods. 11.2 Notwithstanding anything to the contrary in this Agreement but subject to the provisions of the CPA (if applicable), to the extent that Goods supplied by the Supplier are in any way defective, the Customer shall be entitled, within the warranty period (if any) applicable to such Goods to claim the replacement or repair of Goods to eliminate any defect in workmanship or materials found to be due exclusively not unreasonably withhold its consent to any acts or omissions on such proposed additions, taking into account the part of the Supplier, provided that the Customer notifies the Supplier, in writing, of such defect within 7 days after the defect arises (which notice shall specify the alleged defect), provided that the Supplier shall have been given a reasonable opportunity of inspecting any alleged defect. 11.3 In order to be a valid claim, the terms of the guarantee as set out in clause 11.1 must be in writing, and the claim must specify the alleged defect, and be supported by the original tax invoice and a signed delivery note. In addition, the Goods (where applicable) must be returned by the Customer to the Supplier at the Supplier’s expense. 11.4 Subject to the provisions of the CPA (if applicablepotential implications under this Section 10.1), the parties agree that the Supplier shall have no liability in respect of any injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use, the Goods and whether or not occasioned by the Supplier’s negligence (gross or otherwise) or any act or omission on its part. Without limiting the aforegoing the Supplier does not warrant that the Goods will be fit for the purposes for which they are to be used by the Customer (notwithstanding that the use to which the Customer intends to put the Goods is known to the Supplier). It is the sole responsibility of the Customer to determine that the Goods ordered are suitable for the purpose of intended use. For the purposes hereof, any reference to the Supplier shall include its servants, agents or contractors or any person for whose acts or omissions the Supplier may be liable in law. This also constitutes a stipulation xxxxxx in favour reasonable expense of such persons the benefits removal, disassembly and reassembly of which may be accepted by them at any time. 11.5 The Supplier such equipment, materials and structures shall be relieved of all obligations in terms of this clause, if- 11.5.1 repairs or modifications have been made borne by persons other than the Supplier, unless such repairs or modifications are made with the prior written consent of the Supplier; 11.5.2 any Goods are operated with any accessory, equipment or part not specifically supplied or approved in writing by the Supplier; 11.5.3 the Goods Owner. Owner shall not have been operated or maintained in accordance with the Supplier’s instruction, or notify Contractor as soon as is practicable under normal use; the Goods shall not have been properly installed. 11.6 If repairs or replacements are effected by the Supplier, only the parts actually worked on and not the complete Goods shall be subject to a new guarantee, if any, hereunder. 11.7 Customers who acquire Goods for the purpose of on-selling these Goods, whether that Customer is permitted to do so or not (and nothing herein contained shall be deemed to allow that the Customer to on-sell Goods acquired from the Supplier whilst ownership vests in the Supplier), shall not advertise or issue or in any other way give or make any warranties guarantees or representations as to the Goods in any form whatsoever or offer to do so, which could result in liability being imposed upon the Supplier. 11.8 Notwithstanding the contents of this clause 11, insofar as any transactions in terms hereof fall with the ambit of the CPA, the following provisions shall apply in respect of warranties and guarantees in respect of the Goods. 11.8.1 Provided the CPA is applicable, within 6 months after delivery of the Goods to the Customer, the Customer may return the Goods to the Supplier, without penalty, if the Goods do not satisfy the requirements and standards contemplated in Section 55 of the CPA in which event the Supplier may either: 11.8.1.1 repair or replace the failed, unsafe or defective Goods; or 11.8.1.2 refund the Customer for the price paid by the Customer for the Goods. 11.8.2 In the event of the Supplier repairing any particular Goods or component of such Goods and within 3 months of that repair, the failure or defect or unsafe features not being remedied or a further failure, defect or unsafe feature is discovered, The Supplier may: 11.8.2.1 replace the Goods; or 11.8.2.2 refund the Customer the price paid by the Customer for the Goods. 11.8.3 In the event of the Supplier providing any new or reconditioned parts installed during any repair or maintenance work and the labour required to install it, such work and parts will be warranted for a period of 3 months after date of installation or such longer period as the Supplier may specify in writing. 11.8.4 The warranty set out in section 55 of the CPA is at all times subject to the Supplier’s policies containing circumstances where the warranties and/or guarantees are excluded due to, inter alia, Goods being misused or abused and does not apply to any ordinary wear and tear in respect of the Goods, having regard to the circumstances in which the Goods were intended after any defective or otherwise deficient work becomes apparent to be ordinarily usedOwner. [*]. 11.9 Repair times given are merely estimates and are not binding on the Supplier. The Supplier shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any unforeseen delayed repairs. 11.10 With specific regards to the application of vinyl products due to its elastic properties lifting can occur. Should lifting occur within the first 6 months of application, the Supplier will use a primer adhesive to re-apply the vinyl product at no cost to the Customer, thereafter repair charges will apply.

Warranties and Guarantees. 11.1 Subject By acceptance of this order, Supplier warrants and guarantees that (a) the goods will comply with all specifications contained in this order and will be of comparable quality as all samples delivered to Purchaser, (b) the provisions goods are not adulterated, misbranded, falsely labeled or advertised, or falsely invoiced within the meaning of any local, state or federal laws and amendments thereof now in force, (c) the CPA goods have been labeled, advertised, and invoiced in accordance with the requirements (if applicable)) of the Wool Products Labeling Act of 1939, no warranties, guarantees or representations, express or implied or tacit whether by law, contract or otherwise and whether they induced the contract or not, which are not set forth in this Agreement shall be binding on the Supplier Fur Products Labeling Act and the Customer irrevocably waives Textile Fiber Products Identification Act and any right (common law or otherwise) it may have to rely thereon. Goods may be guaranteed under the manufacturer’s product specific warranties only, and any all other guarantees governmental laws and warranties including common law guarantees the respective rules and warranties regulations thereunder, (d) reasonable and representative tests made in relation to Goods and services are hereby specifically excluded by the Supplier, accordance with the exception requirements of any implied warranties described in the CPA Flammable Fabrics Act (if applicable). This notwithstanding) show that the goods are not so highly flammable as to be dangerous when worn by individuals, (e) the goods are properly labeled as to content as required by applicable Federal Trade Commission Trade Practice Rules, the Supplier reserves Fair Labor Standards Act, the right Federal Food, Drug and Cosmetics Act, the Consumer Product Safety Commission and similar laws, rules and regulations, (f) the goods ordered herein shall be delivered in good and undamaged condition and shall, when delivered, be merchantable and fit and safe for purposes for which the same are intended to alterbe used, amend including without limitation, consumer use, (g) the goods do not infringe upon or change violate any manufacturer’s product specific warranties as applicable patent, copyright, trademark, trade name, trade dress or, without limitation, any other rights belonging to others, (h) all weight, measures, sizes, legends or descriptions printed, stamped attached or otherwise indicated with regard to the goods are true and undertakes correct, and conform and comply with all laws, rules, regulations, ordinances, codes and or standards relating to inform said goods of federal, state and local governments, (i) neither the Customer goods nor the importation is in violation of any and all such alterationsother laws, amendments ordinances, statutes, rules or changes upon the sale regulations of the Goods. 11.2 Notwithstanding anything United States or any state or local government or any subdivisions or agency thereof, (j) all goods and services sold hereunder or pursuant hereto will be free of any claim of any nature by any third person and that Supplier will convey clear title thereto to the contrary in this Agreement but subject to the provisions of the CPA (if applicable), to the extent that Goods supplied by the Supplier are in any way defective, the Customer shall be entitled, within the warranty period (if any) applicable to such Goods to claim the replacement or repair of Goods to eliminate any defect in workmanship or materials found to be due exclusively to any acts or omissions on the part of the Supplier, Purchaser as provided that the Customer notifies the Supplier, in writing, of such defect within 7 days after the defect arises (which notice shall specify the alleged defect), provided that the Supplier shall have been given a reasonable opportunity of inspecting any alleged defect. 11.3 In order to be a valid claim, the terms of the guarantee as set out in clause 11.1 must be in writinghereunder, and the claim must specify the alleged defect(k) all goods sold hereunder or pursuant hereto will be of merchantable quality free from all defects in design, workmanship and materials, and be supported by the original tax invoice and a signed delivery note. In addition, the Goods (where applicable) must be returned by the Customer to the Supplier at the Supplier’s expense. 11.4 Subject to the provisions of the CPA (if applicable), the parties agree that the Supplier shall have no liability in respect of any injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use, the Goods and whether or not occasioned by the Supplier’s negligence (gross or otherwise) or any act or omission on its part. Without limiting the aforegoing the Supplier does not warrant that the Goods will be fit for the particular purposes for which they are to be used by the Customer (notwithstanding purchased and that the use to which the Customer intends to put the Goods is known to the Supplier). It is the sole responsibility of the Customer to determine that the Goods ordered are suitable for the purpose of intended use. For the purposes hereof, any reference to the Supplier shall include its servants, agents or contractors or any person for whose acts or omissions the Supplier may goods provided will be liable in law. This also constitutes a stipulation xxxxxx in favour of such persons the benefits of which may be accepted by them at any time. 11.5 The Supplier shall be relieved of all obligations in terms of this clause, if- 11.5.1 repairs or modifications have been made by persons other than the Supplier, unless such repairs or modifications are made with the prior written consent of the Supplier; 11.5.2 any Goods are operated with any accessory, equipment or part not specifically supplied or approved in writing by the Supplier; 11.5.3 the Goods shall not have been operated or maintained in strict accordance with the Supplier’s instructionspecifications, samples, drawings, designs or under normal use; other requirements including performance specifications approved or adopted by Purchaser. Any attempt by Supplier to limit, disclaim or restrict any such warranties or remedies of Purchaser by acknowledgement or otherwise in accepting or performing this order shall be null, void and ineffective without Purchaser's written consent. It shall be within the Goods shall not sole discretion of Purchaser to determine when the above mentioned warranties and guarantees have been properly installed. 11.6 If repairs or replacements breached. In addition to the other guarantees and warranties contained in this paragraph, the warranties of the Uniform Commercial Code are effected by the Supplier, only the parts actually worked on and not the complete Goods shall be subject to a new guarantee, if any, hereunder. 11.7 Customers who acquire Goods for the purpose of on-selling these Goods, whether that Customer is permitted to do so or not (and nothing herein specifically incorporated herein. Nothing contained in this order shall be deemed to allow that the Customer to on-sell Goods acquired from the Supplier whilst ownership vests in the Supplier), shall not advertise or issue or in any other way give or make any warranties guarantees or representations as to the Goods in any form whatsoever or offer to do so, which could result in liability being imposed upon the Supplier. 11.8 Notwithstanding the contents of this clause 11, insofar as any transactions in terms hereof fall with the ambit of the CPA, the following provisions shall apply in respect a waiver of warranties and guarantees in respect of the Goodsimplied by law. 11.8.1 Provided the CPA is applicable, within 6 months after delivery of the Goods to the Customer, the Customer may return the Goods to the Supplier, without penalty, if the Goods do not satisfy the requirements and standards contemplated in Section 55 of the CPA in which event the Supplier may either: 11.8.1.1 repair or replace the failed, unsafe or defective Goods; or 11.8.1.2 refund the Customer for the price paid by the Customer for the Goods. 11.8.2 In the event of the Supplier repairing any particular Goods or component of such Goods and within 3 months of that repair, the failure or defect or unsafe features not being remedied or a further failure, defect or unsafe feature is discovered, The Supplier may: 11.8.2.1 replace the Goods; or 11.8.2.2 refund the Customer the price paid by the Customer for the Goods. 11.8.3 In the event of the Supplier providing any new or reconditioned parts installed during any repair or maintenance work and the labour required to install it, such work and parts will be warranted for a period of 3 months after date of installation or such longer period as the Supplier may specify in writing. 11.8.4 The warranty set out in section 55 of the CPA is at all times subject to the Supplier’s policies containing circumstances where the warranties and/or guarantees are excluded due to, inter alia, Goods being misused or abused and does not apply to any ordinary wear and tear in respect of the Goods, having regard to the circumstances in which the Goods were intended to be ordinarily used. 11.9 Repair times given are merely estimates and are not binding on the Supplier. The Supplier shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any unforeseen delayed repairs. 11.10 With specific regards to the application of vinyl products due to its elastic properties lifting can occur. Should lifting occur within the first 6 months of application, the Supplier will use a primer adhesive to re-apply the vinyl product at no cost to the Customer, thereafter repair charges will apply.

Warranties and Guarantees. 11.1 Subject Seller warrants the product to the provisions of the CPA (if applicable)be free from defects in materials, no warrantiesworkmanship and title, guarantees or representations, express or implied or tacit whether by law, contract or otherwise and whether they induced the contract or not, which are not set forth in this Agreement shall be binding on the Supplier and the Customer irrevocably waives any right (common law or otherwise) it may have to rely thereon. Goods may be guaranteed under the manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to Goods and services are hereby specifically excluded by the Supplier, with the exception of any implied warranties described in the CPA (if applicable). This notwithstanding, the Supplier reserves the right to alter, amend or change any manufacturer’s product specific warranties as applicable and undertakes to inform the Customer of any and all such alterations, amendments or changes upon the sale of the Goods. 11.2 Notwithstanding anything to the contrary in this Agreement but subject to the provisions of the CPA (if applicable), to the extent that Goods supplied by the Supplier are in any way defective, the Customer shall be entitled, within the warranty period (if any) applicable to such Goods to claim the replacement or repair of Goods to eliminate any defect in workmanship or materials found to be due exclusively to any acts or omissions on the part of the Supplier, provided that the Customer notifies the Supplier, in writing, of such defect within 7 days after the defect arises (which notice shall specify the alleged defect), provided that the Supplier shall have been given a reasonable opportunity of inspecting any alleged defect. 11.3 In order to be a valid claim, the terms of the guarantee as set out in clause 11.1 must be in writing, and the claim must specify the alleged defect, and be supported by the original tax invoice and a signed delivery note. In addition, the Goods (where applicable) must be returned by the Customer to the Supplier at the Supplier’s expense. 11.4 Subject to the provisions of the CPA (if applicable), the parties agree that the Supplier shall have no liability in respect of any injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use, the Goods and whether or not occasioned by the Supplier’s negligence (gross or otherwise) or any act or omission on its part. Without limiting the aforegoing the Supplier does not warrant that the Goods will be fit for the purposes for which they are to be used by the Customer (notwithstanding that the use to which the Customer intends to put the Goods is known to the Supplier). It is the sole responsibility of the Customer to determine that the Goods ordered are suitable for the purpose of intended use. For the purposes hereof, any reference to the Supplier shall include its servants, agents or contractors or any person for whose acts or omissions the Supplier may be liable in law. This also constitutes a stipulation xxxxxx in favour of such persons the benefits of which may be accepted by them at any time. 11.5 The Supplier shall be relieved of all obligations in terms of this clause, if- 11.5.1 repairs or modifications have been made by persons other than the Supplier, unless such repairs or modifications are made with the prior written consent of the Supplier; 11.5.2 any Goods are operated with any accessory, equipment or part not specifically supplied or approved in writing by the Supplier; 11.5.3 the Goods shall not have been operated or maintained in accordance with the Supplierspecifications of this contract. Seller’s instructionobligations as set forth below shall begin on the date of acceptance as specified in the order or on the date upon which the product is placed into use by Customer, whichever occurs first, and shall continue for a period of 12 months from that date. Replacement spare parts sold by Seller, excluding electric motors, electric motor part accessories, avionics, batteries and rotor blades, are warranted for 6 months after Customer acceptance, except as hereafter noted. Replacement parts are warranted only for the remainder of the applicable twelve (12) or six (6) month original warranty period. The repair or replacement of defective parts under this warranty will be made without charge to Customer for parts and labor for removal, installation and/or actual repair, except that the Customer shall pay all import duties, sales and use taxes on replacements, as well as the costs of shipping Seller the defective parts. The items listed above are sold as replacement items and are not warranted. Any parts removed for replacement become the property of Seller. Seller’s obligation under this warranty is limited to repairing or replacing with new, reconditioned or exchange parts, at its option, any part or parts found defective by its examination which are returned by Customer within the applicable Twelve (12) or six (6) month period. Seller’s obligations under the provisions of this warranty shall not apply to any product or part thereof, which is normally consumed in operation, or under (II) has a normal use; life inherently shorter than the Goods warranty period or (III) is not properly stored, installed, maintained or repaired or is modified, other than to Seller’s instructions or approval or (IV) has been subjected to misuse, negligence, exposure or damage or (V) has been tampered with, or is subject to war or acts of terrorism. To receive the benefit of this warranty, Customer must give Seller written notification within thirty (30) days after Customer knows, or reasonably should have known, of the defect. Such notification shall not have been properly installed. 11.6 If contain details of the circumstances of discovery by the Customer and nature of the defect. Customer shall, in accordance with Seller’s instructions, provide the allegedly defective product or parts to Seller. Transportation costs of the product or parts to and from the location specified by Seller shall be borne by Customer. Seller will determine if the alleged defective products or parts fall within this warranty and the costs of such repairs or replacements are effected replacement under this warranty shall be borne by the Supplier, only the Seller. Repaired or replaced parts actually worked on and not the complete Goods shall be subject to a new guarantee, if any, hereunder. 11.7 Customers who acquire Goods the remainder of the original warranty. Should Seller determine that the warranty provisions are not applicable for the purpose of on-selling these Goodsreturned product, whether that Customer is permitted to do so or not (and nothing herein contained shall be deemed to allow that the Customer to on-sell Goods acquired from the Supplier whilst ownership vests in the Supplier), Seller shall not advertise or issue or in any other way give or make any warranties guarantees or representations as be obligated to the Goods in any form whatsoever or offer to do so, which could result in liability being imposed upon the Supplier. 11.8 Notwithstanding the contents of this clause 11, insofar as any transactions in terms hereof fall with the ambit of the CPA, the following provisions shall apply in respect of warranties and guarantees in respect of the Goods. 11.8.1 Provided the CPA is applicable, within 6 months after delivery of the Goods to the Customer, the Customer may return the Goods to the Supplier, without penalty, if the Goods do not satisfy the requirements and standards contemplated in Section 55 of the CPA in which event the Supplier may either: 11.8.1.1 repair or replace the failedproduct, unsafe or defective Goods; or 11.8.1.2 refund the Customer for the price paid by the Customer for the Goodsand shall request disposition instructions from Customer. 11.8.2 In the event of the Supplier repairing any particular Goods or component of such Goods and within 3 months of that repair, the failure or defect or unsafe features not being remedied or a further failure, defect or unsafe feature is discovered, The Supplier may: 11.8.2.1 replace the Goods; or 11.8.2.2 refund the Customer the price paid by the Customer for the Goods. 11.8.3 In the event of the Supplier providing any new or reconditioned parts installed during any repair or maintenance work and the labour required to install it, such work and parts will be warranted for a period of 3 months after date of installation or such longer period as the Supplier may specify in writing. 11.8.4 The warranty set out in section 55 of the CPA is at all times subject to the Supplier’s policies containing circumstances where the warranties and/or guarantees are excluded due to, inter alia, Goods being misused or abused and does not apply to any ordinary wear and tear in respect of the Goods, having regard to the circumstances in which the Goods were intended to be ordinarily used. 11.9 Repair times given are merely estimates and are not binding on the Supplier. The Supplier shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any unforeseen delayed repairs. 11.10 With specific regards to the application of vinyl products due to its elastic properties lifting can occur. Should lifting occur within the first 6 months of application, the Supplier will use a primer adhesive to re-apply the vinyl product at no cost to the Customer, thereafter repair charges will apply.

Warranties and Guarantees. 11.1 Subject a. CONTRACTOR warrants and guarantees that the WORK shall meet all of the requirements set forth herein and in the incorporated documents and shall conform to the provisions PDR, final plans and specifications approved by COMPANY, and also that the WORK shall be first-class in every particular and free from defects in design, engineering, materials, construction and workmanship. CONTRACTOR also warrants and guarantees that all materials, equipment, tools and supplies which become a part of the CPA FACILITIES shall be new and of first quality (if applicableunless otherwise agreed to by COMPANY in writing). CONTRACTOR warrants and guarantees that all of the equipment and services furnished under this AGREEMENT shall comply in all respects with all applicable regulations, no warrantiesrulings, guarantees or representationsorders and standards promulgated thereunder. CONTRACTOR also agrees to hold defend, express or implied or tacit whether by lawindemnify, contract or otherwise and whether they induced the contract or nothold COMPANY GROUP (as defined below) and each of them harmless from and against any and all liabilities, claims, fines, penalties, including reasonable costs and settlements, which are not may arise from CONTRACTOR's failure to provide equipment and services which meet these requirements. b. CONTRACTOR shall notify COMPANY immediately of any breach of CONTRACTOR's warranties or guarantees of which CONTRACTOR becomes aware and within five (5) days, provide COMPANY with a written proposal for remedying such breach. COMPANY will notify CONTRACTOR in writing after discovery of any breach of CONTRACTOR's warranties and guarantees as set forth in this Agreement Article, which breach may appear at any time but not later than fifteen (15) months after the date of Notice of Final Acceptance of the FACILITIES. CONTRACTOR shall be binding on the Supplier and the Customer irrevocably waives any right (common law or otherwise) it may have to rely thereon. Goods may be guaranteed under the manufacturer’s product specific warranties onlyre-perform its engineering, procurement, and all other guarantees and warranties construction services (also including common law guarantees and warranties in relation to Goods and its construction management services are hereby specifically excluded by the Supplier, with the exception of any implied warranties described in the CPA (if applicable). This notwithstanding, the Supplier reserves the right to alter, amend or change any manufacturer’s product specific warranties as applicable and undertakes to inform the Customer of any and all such alterations, amendments or changes upon the sale of the Goods. 11.2 Notwithstanding anything to the contrary in this Agreement but subject to the provisions of the CPA (if where applicable), and shall at CONTRACTOR's sole cost and expense (not reimbursable by COMPANY) provide all material, equipment, and labor necessary to correct such breach and make the extent that Goods supplied by WORK and the Supplier are in any way defectiveFACILITIES conform to said warranties and guarantees. COMPANY may keep all funds held as retainage to secure CONTRACTOR's obligations under this Article. Unless applied against CONTRACTOR's obligations, the Customer such sums shall be entitled, within paid to CONTRACTOR at the end of the warranty period (if any) applicable to such Goods to claim the replacement or repair of Goods to eliminate any defect in workmanship or materials found to be due exclusively to any acts or omissions on the part of the Supplier, provided that the Customer notifies the Supplier, in writing, of such defect within 7 days after the defect arises (which notice shall specify the alleged defect), provided that the Supplier shall have been given a reasonable opportunity of inspecting any alleged defectperiod. 11.3 In order to be a valid claim, the terms of the guarantee as set out in clause 11.1 must be in writing, and the claim must specify the alleged defect, and be supported by the original tax invoice and a signed delivery note. In addition, the Goods (where applicable) must be returned by the Customer to the Supplier at the Supplier’s expense. 11.4 Subject to the provisions of the CPA (if applicable), the parties agree that the Supplier shall have no liability in respect of any injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use, the Goods and whether or not occasioned by the Supplier’s negligence (gross or otherwise) or any act or omission on its part. Without limiting the aforegoing the Supplier does not warrant that the Goods will be fit for the purposes for which they are to be used by the Customer (notwithstanding that the use to which the Customer intends to put the Goods is known to the Supplier). It is the sole responsibility of the Customer to determine that the Goods ordered are suitable for the purpose of intended use. For the purposes hereof, any reference to the Supplier shall include its servants, agents or contractors or any person for whose acts or omissions the Supplier may be liable in law. This also constitutes a stipulation xxxxxx in favour of such persons the benefits of which may be accepted by them at any time. 11.5 The Supplier shall be relieved of all obligations in terms of this clause, if- 11.5.1 repairs or modifications have been made by persons other than the Supplier, unless such repairs or modifications are made with the prior written consent of the Supplier; 11.5.2 any Goods are operated with any accessory, equipment or part not specifically supplied or approved in writing by the Supplier; 11.5.3 the Goods shall not have been operated or maintained in accordance with the Supplier’s instruction, or under normal use; the Goods shall not have been properly installed. 11.6 If repairs or replacements are effected by the Supplier, only the parts actually worked on and not the complete Goods shall be subject to a new guarantee, if any, hereunder. 11.7 Customers who acquire Goods for the purpose of on-selling these Goods, whether that Customer is permitted to do so or not (and nothing herein contained shall be deemed to allow that the Customer to on-sell Goods acquired from the Supplier whilst ownership vests in the Supplier), shall not advertise or issue or in any other way give or make any warranties guarantees or representations as to the Goods in any form whatsoever or offer to do so, which could result in liability being imposed upon the Supplier. 11.8 Notwithstanding the contents of this clause 11, insofar as any transactions in terms hereof fall with the ambit of the CPA, the following provisions shall apply in respect of warranties and guarantees in respect of the Goods. 11.8.1 Provided the CPA is applicable, within 6 months after delivery of the Goods to the Customer, the Customer may return the Goods to the Supplier, without penalty, if the Goods do not satisfy the requirements and standards contemplated in Section 55 of the CPA in which event the Supplier may either: 11.8.1.1 repair or replace the failed, unsafe or defective Goods; or 11.8.1.2 refund the Customer for the price paid by the Customer for the Goods. 11.8.2 In the event of the Supplier repairing any particular Goods or component of such Goods and within 3 months of that repair, the failure or defect or unsafe features not being remedied or a further failure, defect or unsafe feature is discovered, The Supplier may: 11.8.2.1 replace the Goods; or 11.8.2.2 refund the Customer the price paid by the Customer for the Goods. 11.8.3 In the event of the Supplier providing any new or reconditioned parts installed during any repair or maintenance work and the labour required to install it, such work and parts will be warranted for a period of 3 months after date of installation or such longer period as the Supplier may specify in writing. 11.8.4 The warranty set out in section 55 of the CPA is at all times subject to the Supplier’s policies containing circumstances where the warranties and/or guarantees are excluded due to, inter alia, Goods being misused or abused and does not apply to any ordinary wear and tear in respect of the Goods, having regard to the circumstances in which the Goods were intended to be ordinarily used. 11.9 Repair times given are merely estimates and are not binding on the Supplier. The Supplier shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any unforeseen delayed repairs. 11.10 With specific regards to the application of vinyl products due to its elastic properties lifting can occur. Should lifting occur within the first 6 months of application, the Supplier will use a primer adhesive to re-apply the vinyl product at no cost to the Customer, thereafter repair charges will apply.

Warranties and Guarantees. 11.1 Subject to the provisions of the CPA (if applicable), no warranties, guarantees or representations, express or implied or tacit whether by law, contract or otherwise and whether they induced the contract or not, which are not set forth in this Agreement shall be binding on the Supplier and the Customer irrevocably waives any right (common law or otherwise) it may have to rely thereon. Goods may be guaranteed under the manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to Goods and services are hereby specifically excluded by the Supplier, with the exception of any implied warranties described in the CPA (if applicable). This notwithstanding, the Supplier reserves the right to alter, amend or change any manufacturer’s product specific warranties as applicable and undertakes to inform the Customer of any and all such alterations, amendments or changes upon the sale of the Goods. 11.2 Notwithstanding anything to the contrary in this Agreement but 9.1 The seller warrants subject to the provisions of the CPA (if applicable)contract, good title to and the unencumbered use of the goods, that the goods provided for in the contract conform with the published specifications at the time of shipment and are free of defects in material and workmanship and that the services provided by the seller will be performed in accordance with good engineering practice. 9.2 The seller will at the seller’s option repair or replace by the supply of replacement parts any defects which under proper use, care and maintenance which are reported to the extent seller within 12 calendar months after their delivery (the “warranty period”) and which arise solely from faulty materials or workmanship provided always that the defective items are returned to the seller at the buyers cost, carriage and insurance within the warrant period. Replaced items shall become the property of the seller. Repaired or replacement items will be delivered to the buyer’s site at the seller’s expense. This clause does not apply to software. 9.3 Goods supplied by or services repaired or replaced shall be subject to the Supplier are foregoing warranty for the unexpired portion of the warranty period or for ninety consecutive calendar days which ever expires later. 9.4 If the configuration of the system is altered in any way defectiveby the buyer’s or its representative’s, agents or servants after the system is in use the warranty of workmanship is void. 9.5 Notwithstanding clauses 9.1 and 9.2, the Customer seller shall not be liable for: any defects caused by reasonable wear and tear; materials or workmanship made, furnished or specified by the buyer; non-compliance with the seller’s storage, installation, operation or environment requirements; lack of proper maintenance; any modification or repair not previously authorised by the seller in writing; nor for the use of non-authorised software or spare or replacement parts. The seller’s costs incurred in investigating and rectifying such defects shall be entitled, within paid by the warranty period (if any) applicable to such Goods to claim the replacement or repair of Goods to eliminate any defect in workmanship or materials found to be due exclusively to any acts or omissions buyer on the part of the Supplier, provided that the Customer notifies the Supplier, in writing, of such defect within 7 days after the defect arises (which notice shall specify the alleged defect), provided that the Supplier shall have been given a reasonable opportunity of inspecting any alleged defectdemand. 11.3 In order to be a valid claim, 9.6 The buyer shall at all times remain solely responsible for the terms adequacy and accuracy of the guarantee as set out in clause 11.1 must be in writing, and the claim must specify the alleged defect, and be supported by the original tax invoice and a signed delivery note. In addition, the Goods (where applicable) must be returned by the Customer to the Supplier at the Supplier’s expenseall information supplied. 11.4 Subject 9.7 The seller shall not be liable to the provisions attain any specific availability or performance levels unless it is guaranteed in writing and such guarantee is subject to a limitation of the CPA (if applicable), the parties agree that the Supplier shall have no its liability in respect of any injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use, the Goods and whether or not occasioned by the Supplier’s negligence (gross or otherwise) or any act or omission on its part. Without limiting the aforegoing the Supplier does not warrant that the Goods will be fit for the purposes for which they are to be used by the Customer (notwithstanding that the use to which the Customer intends to put the Goods is known to the Supplier). It is the sole responsibility of the Customer to determine that the Goods ordered are suitable for the purpose of intended use. For the purposes hereof, any reference to the Supplier shall include its servants, agents or contractors or any person for whose acts or omissions the Supplier may be liable in law. This also constitutes a stipulation xxxxxx in favour of such persons the benefits of which may be accepted by them at any timeagreed tolerances. 11.5 The Supplier shall be relieved of all obligations in terms of this clause, if- 11.5.1 repairs or modifications have been made by persons other than the Supplier, unless such repairs or modifications are made with the prior written consent of the Supplier; 11.5.2 any Goods are operated with any accessory, equipment or part not specifically supplied or approved in writing by the Supplier; 11.5.3 the Goods shall not have been operated or maintained in accordance with the Supplier’s instruction, or under normal use; the Goods shall not have been properly installed. 11.6 If repairs or replacements are effected by the Supplier, only the parts actually worked on and not the complete Goods shall be subject to a new guarantee, if any, hereunder. 11.7 Customers who acquire Goods for the purpose of on-selling these Goods, whether that Customer is permitted to do so or not (and nothing herein contained shall be deemed to allow that the Customer to on-sell Goods acquired from the Supplier whilst ownership vests in the Supplier), shall not advertise or issue or in any other way give or make any warranties guarantees or representations as to the Goods in any form whatsoever or offer to do so, which could result in liability being imposed upon the Supplier. 11.8 Notwithstanding the contents of this clause 11, insofar as any transactions in terms hereof fall with the ambit of the CPA, the following provisions shall apply in respect of warranties and guarantees in respect of the Goods. 11.8.1 Provided the CPA is applicable, within 6 months after delivery of the Goods to the Customer, the Customer may return the Goods to the Supplier, without penalty, if the Goods do not satisfy the requirements and standards contemplated in Section 55 of the CPA in which event the Supplier may either: 11.8.1.1 repair or replace the failed, unsafe or defective Goods; or 11.8.1.2 refund the Customer for the price paid by the Customer for the Goods. 11.8.2 In the event of the Supplier repairing any particular Goods or component of such Goods and within 3 months of that repair, the failure or defect or unsafe features not being remedied or a further failure, defect or unsafe feature is discovered, The Supplier may: 11.8.2.1 replace the Goods; or 11.8.2.2 refund the Customer the price paid by the Customer for the Goods. 11.8.3 In the event of the Supplier providing any new or reconditioned parts installed during any repair or maintenance work and the labour required to install it, such work and parts will be warranted for a period of 3 months after date of installation or such longer period as the Supplier may specify in writing. 11.8.4 The warranty set out in section 55 of the CPA is at all times subject to the Supplier’s policies containing circumstances where the warranties and/or guarantees are excluded due to, inter alia, Goods being misused or abused and does not apply to any ordinary wear and tear in respect of the Goods, having regard to the circumstances in which the Goods were intended to be ordinarily used. 11.9 Repair times given are merely estimates and are not binding on the Supplier. The Supplier shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any unforeseen delayed repairs. 11.10 With specific regards to the application of vinyl products due to its elastic properties lifting can occur. Should lifting occur within the first 6 months of application, the Supplier will use a primer adhesive to re-apply the vinyl product at no cost to the Customer, thereafter repair charges will apply.

Warranties and Guarantees. 11.1 Subject 20.1 Vendor warrants that it possesses the personnel, physical means, and financial resources required to fulfil the provisions Agreement. 20.2 Vendor further warrants that the Goods for Resale are compliant with applicable regulations, technical specifications, and standards; that they are free from manufacturing defects or damage; and that they bear the special permits and/or documents specified in the Special Terms and Conditions. 20.3 Vendor shall be bound to a warranty of at least twelve (12) months on the Goods for Resale which comprise the subject of the CPA (if applicable)Agreement, no warrantiescounting from the handover of each Good for Resale or its Entry into Service, guarantees or representationsfrom the date of signature of the record of successful test worksheet or logbook. Vendor may also grant longer warranty period(s) in the Special Terms and Conditions. 20.4 If, express or implied or tacit whether for any particular Good for Resale, there is a longer warranty period defined by law, contract or otherwise and whether they induced the contract or not, which are not set forth in this Agreement shall be binding on the Supplier and the Customer irrevocably waives any right (common law or otherwise) it may have to rely thereon. Goods may be guaranteed under the manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to Goods and services are hereby specifically excluded by the Supplier, with the exception of any implied warranties described in the CPA (if applicable). This notwithstanding, the Supplier reserves the right to alter, amend or change any manufacturer’s product specific warranties as applicable and undertakes to inform the Customer of any and all such alterations, amendments or changes upon the sale of the Goods. 11.2 Notwithstanding anything to the contrary in this Agreement but subject to the provisions of the CPA (if applicable), to the extent that Goods supplied by the Supplier are in any way defective, the Customer shall be entitled, within then the warranty period required by law shall be applied to the Good for Resale in question. 20.5 The place of remedy of the guarantee or warranty shall be the same as the place of fulfilment or installation. 20.6 In case of faulty fulfilment, Vendor shall, at Buyer’s choice, either immediately repair the Good for Resale at Vendor’s sole expense, or exchange the Good for Resale, or, in applicable cases, execute the relevant services again and without error, within ten calendar (10) days from notification of the fault. On the working day following notice, Vendor shall be required to commence such repairs or to perform such an exchange. 20.7 If Vendor does not complete the elimination of the fault or deficiency or does not execute the services anew within the agreed time period (in the absence of other agreement, within ten (10) days from the date of notice) then Buyer shall be entitled to choose from the following options: (i) require the Vendor, at its own expense and risk, to complete the repair, or to have the repair completed, or to obtain satisfactory Goods for Resale or spare parts from another source; or (ii) request a price reduction; or (iii) withdraw in whole or in part from the Agreement and seek compensation for non-fulfilment; or (iv) seek compensation for non-fulfilment from Vendor. 20.8 In the case described in Clause 20.7(i), Vendor may not dispute the existence of the fault or deficiency, the repairs, the need or means of procurement, or the price of the repairs or procurement, and Buyer shall be entitled to offset any of its outstanding claims against Vendor, or demand payment from Vendor, within eight (8) days from receipt. 20.9 The above terms shall prevail even if anyVendor declares that it is unable to repair the fault, deliver anew, or render the services within the applicable time period. 20.10 If Vendor fulfills late, and Xxxxx subsequently establishes that such fulfilment is faulty or incomplete, then Buyer shall be entitled to require that the Vendor immediately (without any grace period) applicable to such Goods to claim repair (or have repaired) the replacement fault, or repair of Goods to eliminate any defect in workmanship or materials found make arrangements for the deficiency to be remedied, at Vendor’s own expense, however necessary to prevent delays or due exclusively to any acts or omissions other urgent circumstances on the part of the Supplier, provided that the Customer notifies the Supplier, in writing, of such defect within 7 days after the defect arises (which notice shall specify the alleged defect), provided that the Supplier shall have been given a reasonable opportunity of inspecting any alleged defectBuyer. 11.3 In order to 20.11 The costs and risks associated with return shipping of lawfully refused incomplete or faulty deliveries, as well as the costs of replacement, shall be borne by Vendor. 20.12 If such repairs or replacements occur, then the warranty period(s) for the repaired or replaced portion(s) shall begin anew. 20.13 If, despite notice from Buyer, Vendor does not fulfil its duties under a valid claim, the terms of the guarantee as set out in clause 11.1 must be in writinggiven warranty or guarantee, and Buyer or its contributors consequently resolve the problem, then Vendor may not thereafter claim must specify that Buyer voided its rights under the alleged defectwarranty or guarantee, and be supported by the original tax invoice and a signed delivery note. In addition, the Goods (where applicable) must be returned by the Customer either with respect to the Supplier at repaired or replaced part(s) or with respect to the Supplier’s expensefulfilment as a whole. 11.4 Subject to 20.14 For any issues not addressed in the present Agreement, the provisions of the CPA (if applicable), the parties agree that the Supplier warranty or guarantee law shall have no liability in respect of any injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use, the Goods and whether or not occasioned by the Supplier’s negligence (gross or otherwise) or any act or omission on its part. Without limiting the aforegoing the Supplier does not warrant that the Goods will be fit for the purposes for which they are to be used by the Customer (notwithstanding that the use to which the Customer intends to put the Goods is known to the Supplier). It is the sole responsibility of the Customer to determine that the Goods ordered are suitable for the purpose of intended use. For the purposes hereof, any reference to the Supplier shall include its servants, agents or contractors or any person for whose acts or omissions the Supplier may be liable in law. This also constitutes a stipulation xxxxxx in favour of such persons the benefits of which may be accepted by them at any time. 11.5 The Supplier shall be relieved of all obligations in terms of this clause, if- 11.5.1 repairs or modifications have been made by persons other than the Supplier, unless such repairs or modifications are made with the prior written consent of the Supplier; 11.5.2 any Goods are operated with any accessory, equipment or part not specifically supplied or approved in writing by the Supplier; 11.5.3 the Goods shall not have been operated or maintained in accordance with the Supplier’s instruction, or under normal use; the Goods shall not have been properly installed. 11.6 If repairs or replacements are effected by the Supplier, only the parts actually worked on and not the complete Goods shall be subject to a new guarantee, if any, hereunder. 11.7 Customers who acquire Goods for the purpose of on-selling these Goods, whether that Customer is permitted to do so or not (and nothing herein contained shall be deemed to allow that the Customer to on-sell Goods acquired from the Supplier whilst ownership vests in the Supplier), shall not advertise or issue or in any other way give or make any warranties guarantees or representations as to the Goods in any form whatsoever or offer to do so, which could result in liability being imposed upon the Supplier. 11.8 Notwithstanding the contents of this clause 11, insofar as any transactions in terms hereof fall with the ambit of the CPA, the following provisions shall apply in respect of warranties and guarantees in respect of the Goods. 11.8.1 Provided the CPA is applicable, within 6 months after delivery of the Goods to the Customer, the Customer may return the Goods to the Supplier, without penalty, if the Goods do not satisfy the requirements and standards contemplated in Section 55 of the CPA in which event the Supplier may either: 11.8.1.1 repair or replace the failed, unsafe or defective Goods; or 11.8.1.2 refund the Customer for the price paid by the Customer for the Goods. 11.8.2 In the event of the Supplier repairing any particular Goods or component of such Goods and within 3 months of that repair, the failure or defect or unsafe features not being remedied or a further failure, defect or unsafe feature is discovered, The Supplier may: 11.8.2.1 replace the Goods; or 11.8.2.2 refund the Customer the price paid by the Customer for the Goods. 11.8.3 In the event of the Supplier providing any new or reconditioned parts installed during any repair or maintenance work and the labour required to install it, such work and parts will be warranted for a period of 3 months after date of installation or such longer period as the Supplier may specify in writing. 11.8.4 The warranty set out in section 55 of the CPA is at all times subject to the Supplier’s policies containing circumstances where the warranties and/or guarantees are excluded due to, inter alia, Goods being misused or abused and does not apply to any ordinary wear and tear in respect of the Goods, having regard to the circumstances in which the Goods were intended to be ordinarily used. 11.9 Repair times given are merely estimates and are not binding on the Supplier. The Supplier shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any unforeseen delayed repairs. 11.10 With specific regards to the application of vinyl products due to its elastic properties lifting can occur. Should lifting occur within the first 6 months of application, the Supplier will use a primer adhesive to re-apply the vinyl product at no cost to the Customer, thereafter repair charges will apply.

Warranties and Guarantees. 11.1 Subject to the provisions of the CPA (if applicable), no No warranties, guarantees or representations, express or implied or tacit whether by law, contract or otherwise and whether they induced the contract or not, which are not set forth in this Agreement agreement shall be binding on the Supplier and supplier, the Customer customer irrevocably waives waiving any right (common law or otherwise) it may have to rely thereon. Goods may be guaranteed under the manufacturer’s product specific warranties only, and the goods are purchased on the basis that they are taken voetstoots and with the exclusion of all other guarantees and warranties including common law guarantees and warranties in relation other remedies including aedilitian remedies, whether as to Goods and services are hereby specifically excluded by the Supplier, with the exception of any implied warranties described in the CPA (if applicable). This notwithstanding, the Supplier reserves the right to alter, amend or change any manufacturer’s product specific warranties as applicable and undertakes to inform the Customer of any and all such alterations, amendments or changes upon the sale suitability of the Goodsgoods sold for any specific purposes or (without limiting the generality of the aforegoing) otherwise. 11.2 Notwithstanding anything to the contrary in this Agreement but subject to the provisions of the CPA (if applicable), to To the extent that Goods goods supplied by the Supplier supplier are in any way was defective, the Customer customer shall be entitled, within one year of the warranty period (if any) applicable to such Goods delivery of the relevant goods, to claim the replacement or repair of Goods the goods to eliminate any defect in workmanship or materials found to be due exclusively to any acts or omissions on the part of the Supplier, provided that the Customer notifies the Suppliersupplier, in writingthe supplier’s sole opinion (which shall be binding on the customer), of such defect which defects the supplier shall have been notified in writing by the customer within 7 10 days after the defect arises (which notice shall specify the alleged defect), provided that the Supplier supplier shall have been given a reasonable opportunity of inspecting any alleged defect. The supplier’s liability shall be limited on return to the supplier of the goods or parts thereof, to what is set out above in this subparagraph. 11.3 In order to be valid, a valid claim, the claim in terms of the guarantee as set out in clause 11.1 11.2 must be in writing, and the claim must specify specifying the alleged defect, and be supported by the original tax invoice and a signed delivery noteinvoice. In addition, addition the Goods (where applicable) goods must be returned by the Customer customer to the Supplier supplier at the Suppliercustomer’s expense, packaged in their original undamaged packaging material. 11.4 Subject to the provisions of the CPA (if applicable), the The parties agree that the Supplier supplier shall have no liability in respect of any injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use, the Goods goods and whether or not occasioned by the Suppliersupplier’s negligence (gross or otherwise) or any act or omission on its part. Without limiting the aforegoing the Supplier supplier does not warrant that the Goods goods will be fit for the purposes for which they are to be used by the Customer customer (notwithstanding that the use to which the Customer customer intends to put the Goods goods is known to the Suppliersupplier). It is the sole responsibility of the Customer to determine that the Goods ordered are suitable for the purpose of intended use. For the purposes hereof, any reference to the Supplier supplier shall include its servants, agents or agents, contractors or any other person for whose acts or omissions the Supplier supplier may be liable in law. This also constitutes a stipulation xxxxxx in favour of such persons the benefits of which may be accepted by them at any time. 11.5 The Supplier shall be relieved of all obligations in terms of this clause, if-if – 11.5.1 repairs or modifications have been made by persons other than the Suppliersupplier, unless such repairs or modifications are made with the prior written consent of the Suppliersupplier; 11.5.2 any Goods goods are operated with any accessory, equipment or part not specifically supplied or approved in writing by the Suppliersupplier; 11.5.3 the Goods goods shall not have been operated or maintained in accordance with the Suppliersupplier’s instruction, or under normal use; the Goods goods shall not have been properly installed. 11.6 If repairs or replacements are effected by the Suppliersupplier, only the parts actually worked working on and not the complete Goods goods shall be subject to a new guarantee, if any, hereunder. 11.7 Customers who acquire Goods goods for the purpose of on-selling these Goodsthose goods, whether that Customer customer is permitted to do so or not (and nothing herein contained shall be deemed to allow that the Customer customer to on-sell Goods goods acquired from the Supplier supplier whilst ownership vests in the Suppliersupplier), shall not advertise or issue or in any other way give or make any warranties warranties, guarantees or representations as to the Goods goods in any form whatsoever or offer to do so, which could result in liability being imposed upon the Suppliersupplier. 11.8 Notwithstanding the contents of this clause 11, insofar as any transactions in terms hereof fall with the ambit of the CPA, The above warranties are subject to the following provisions conditions: 11.8.1 The supplier shall apply in respect of warranties and guarantees be under no liability to the customer until the customer has paid the full amount due to the supplier in respect of the Goods. 11.8.1 Provided the CPA is applicable, within 6 months after delivery of the Goods to the Customer, the Customer may return the Goods to the Supplier, without penalty, if the Goods do not satisfy the requirements and standards contemplated in Section 55 of the CPA in which event the Supplier may either: 11.8.1.1 repair or replace the failed, unsafe or defective Goods; or 11.8.1.2 refund the Customer for the price paid by the Customer for the Goodsgoods concerned. 11.8.2 In The supplier shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the event suppliers instructions (whether oral or in writing), improper use outside the suppliers specifications, damage to the goods caused by improper maintenance, service or repair by untrained personnel or technicians, and unauthorized alterations or modifications of the Supplier repairing any particular Goods or component of such Goods and within 3 months of that repair, the failure or defect or unsafe features not being remedied or a further failure, defect or unsafe feature is discovered, The Supplier may: 11.8.2.1 replace the Goods; or 11.8.2.2 refund the Customer the price paid by the Customer for the Goodsgoods. 11.8.3 In The supplier shall be under no liability in respect of parts, materials or equipment which are accepted in the event of the Supplier providing any new industry to have a limited life expectancy or reconditioned parts installed during any repair parts, materials or maintenance work equipment, which need to be replaced at specified and the labour required to install it, such work and parts will be warranted for a period of 3 months after date of installation or such longer period as the Supplier may specify in writingpublished service intervals (“consumable parts”). 11.8.4 The warranty set out supplier shall be under no liability in section 55 of the CPA is at all times subject to event that spare parts and consumable parts other than those recommended for use by the Supplier’s policies containing circumstances where supplier are fitted, attached or used on the warranties and/or guarantees are excluded due to, inter alia, Goods being misused or abused and does not apply to any ordinary wear and tear in respect of the Goods, having regard to the circumstances in which the Goods were intended to be ordinarily usedgoods. 11.9 Repair times given are merely estimates and are not binding on Notwithstanding anything to the Supplier. The Supplier contrary in this agreement, the supplier shall not be liable to the customer by reason of any representation or implied warranty, condition or other term or any duty at common law, or under the express terms of this agreement, for any consequential loss or damage (whether for loss or profit or otherwise and whether occasioned by the negligence of whatsoever nature which the Customer may suffer as a result supplier or its employees or agents or otherwise) arising out of or in connection with any unforeseen delayed repairs. 11.10 With specific regards act or omission of the supplier relating to the application supply of vinyl products due to its elastic properties lifting can occur. Should lifting occur within the first 6 months of applicationgoods, their resale by the Supplier will customer or use a primer adhesive to re-apply the vinyl product at no cost to the Customer, thereafter repair charges will applyby any third party.

Warranties and Guarantees. 11.1 Subject 6.1. The Company warrants that it either has the right to sell the Goods or has obtained all necessary rights to licence them and the Customer’s rights to unencumbered possession and quiet title in terms of the Sale of Goods Act 1997 and the Supply of Goods and Services Act 1982 are preserved. 6.2. The Company further warrants that the Goods shall correspond with their descriptions as set out in approved samples, specifications, visuals and other documents issued by it, unless the Customer is specifically advised by The Company to the provisions contrary prior to delivery of the CPA Goods (if applicable)any verbal description of Goods or any descriptions provided by other than that by The Company shall not form part of their description for the purposes of these warranties) and, no warrantieswhere the Goods consist of or include services to be provided by The Company, guarantees or representations, express or implied or tacit whether by law, contract or otherwise and whether they induced the contract or not, which are not set forth in this Agreement such services shall be binding on provided with reasonable care and skill. 6.3. The Customer shall inspect the Supplier Goods immediately upon delivery and within 7 days of delivery (time being of the essence) shall give notice to The Company of any alleged shortages in the Goods or any damage to or defect in the Goods or any other matter or thing by reason whereof the Customer alleges that the Goods shall be conclusively presumed to be in accordance with the Contract in all respects and the Customer irrevocably waives any right shall not (common law subject to clause 6.5) thereafter be entitled to reject the Goods or otherwise) it may have to rely thereon. Goods may be guaranteed under claim from the manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties Company in relation to Goods and services are hereby specifically excluded by the Supplier, with the exception respect of any implied warranties described in the CPA (if applicable). This notwithstandingshortage, the Supplier reserves the right damage or other defect to alter, amend or change any manufacturer’s product specific warranties as applicable and undertakes to inform the Customer of any and all such alterations, amendments or changes upon the sale of the Goods. 11.2 Notwithstanding anything 6.4. In the case of damage or other defect to the contrary in this Agreement but subject to the provisions Goods which was not apparent on reasonable inspection notice shall be given The Company within 72 hours after discovery of the CPA (if applicable)damage or other defect, to the extent that otherwise Clause 6 will apply. If requested by The Company following notification of a claim, defective Goods supplied by the Supplier are in any way defective, the Customer shall be entitled, within the warranty period (if any) applicable to such Goods to claim the replacement or repair of Goods to eliminate any defect in workmanship or materials found to be due exclusively to any acts or omissions on the part of the Supplier, provided that the Customer notifies the Supplier, in writing, of such defect within 7 days after the defect arises (which notice shall specify the alleged defect), provided that the Supplier shall have been given a reasonable opportunity of inspecting any alleged defect. 11.3 In order to be a valid claim, the terms of the guarantee as set out in clause 11.1 must be in writing, and the claim must specify the alleged defect, and be supported by the original tax invoice and a signed delivery note. In addition, the Goods (where applicable) must be returned promptly by the Customer to the Supplier at the Supplier’s expenseCompany. 11.4 Subject 6.5. In the event that the Goods are defective and the damage or other defect complained of shall have arisen as a result of the negligence of The Company and the Customer has notified any claim to The Company in accordance with Clause 6.3. The Company guarantees that it shall refund to the provisions of Customer the CPA (if applicable), the parties agree that the Supplier shall have no liability price in respect of any injury, loss the defective Goods or damage (direct, indirect or consequential) arising out of cancel the use of, or inability to use, the Goods and whether or not occasioned by the Supplier’s negligence (gross or otherwise) or any act or omission on its part. Without limiting the aforegoing the Supplier does not warrant that the Goods will be fit for the purposes for which they are to be used by the Customer (notwithstanding that the use to which the Customer intends to put the Goods is known to the Supplier). It is the sole responsibility liability of the Customer to determine pay the said Price, provided that where this is possible the Goods ordered are suitable for the purpose of intended use. For the purposes hereof, any reference Company may instead opt to the Supplier shall include its servants, agents or contractors or any person for whose acts or omissions the Supplier may be liable in law. This also constitutes a stipulation xxxxxx in favour of such persons the benefits of which may be accepted by them at any time. 11.5 The Supplier shall be relieved of all obligations in terms of this clause, if- 11.5.1 repairs or modifications have been made by persons other than the Supplier, unless such repairs or modifications are made with the prior written consent of the Supplier; 11.5.2 any Goods are operated with any accessory, equipment or part not specifically supplied or approved in writing by the Supplier; 11.5.3 the Goods shall not have been operated or maintained in accordance with the Supplier’s instruction, or under normal use; the Goods shall not have been properly installed. 11.6 If repairs or replacements are effected by the Supplier, only the parts actually worked on and not the complete Goods shall be subject to a new guarantee, if any, hereunder. 11.7 Customers who acquire Goods for the purpose of on-selling these Goods, whether that Customer is permitted to do so or not (and nothing herein contained shall be deemed to allow that the Customer to on-sell Goods acquired from the Supplier whilst ownership vests in the Supplier), shall not advertise or issue or in any other way give or make any warranties guarantees or representations as to the Goods in any form whatsoever or offer to do so, which could result in liability being imposed upon the Supplier. 11.8 Notwithstanding the contents of this clause 11, insofar as any transactions in terms hereof fall with the ambit of the CPA, the following provisions shall apply in respect of warranties and guarantees in respect of the Goods. 11.8.1 Provided the CPA is applicable, within 6 months after delivery of the Goods to the Customer, the Customer may return the Goods to the Supplier, without penalty, if the Goods do not satisfy the requirements and standards contemplated in Section 55 of the CPA in which event the Supplier may either: 11.8.1.1 repair or replace the failed, unsafe or defective Goods; or 11.8.1.2 refund the Customer for the price paid by the Customer for the GoodsGoods free of charge. 11.8.2 In the event of the Supplier repairing any particular Goods or component of such Goods and within 3 months of that repair, the failure or defect or unsafe features not being remedied or a further failure, defect or unsafe feature is discovered, The Supplier may: 11.8.2.1 replace the Goods; or 11.8.2.2 refund the Customer the price paid by the Customer for the Goods. 11.8.3 In the event of the Supplier providing any new or reconditioned parts installed during any repair or maintenance work and the labour required to install it, such work and parts will be warranted for a period of 3 months after date of installation or such longer period as the Supplier may specify in writing. 11.8.4 The warranty set out in section 55 of the CPA is at all times subject to the Supplier’s policies containing circumstances where the warranties and/or guarantees are excluded due to, inter alia, Goods being misused or abused and does not apply to any ordinary wear and tear in respect of the Goods, having regard to the circumstances in which the Goods were intended to be ordinarily used. 11.9 Repair times given are merely estimates and are not binding on the Supplier. The Supplier shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any unforeseen delayed repairs. 11.10 With specific regards to the application of vinyl products due to its elastic properties lifting can occur. Should lifting occur within the first 6 months of application, the Supplier will use a primer adhesive to re-apply the vinyl product at no cost to the Customer, thereafter repair charges will apply.

Warranties and Guarantees. 11.1 Subject to the provisions of the CPA (if applicable)CPA, no warranties, guarantees or representations, express or implied or tacit whether by law, contract or otherwise and whether they induced the contract or not, which are not set forth in this Agreement shall be binding on the Supplier and the Customer irrevocably waives any right (common law or otherwise) it may have to rely thereon. Goods may be guaranteed under the manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to Goods and services are hereby specifically excluded by the Supplier, with the exception of any implied warranties described in the CPA (if applicable). This notwithstanding, the Supplier reserves the right to alter, amend or change any manufacturer’s product specific warranties as applicable and undertakes to inform the Customer of any and all such alterations, amendments or changes upon the sale of the GoodsCPA. 11.2 Notwithstanding anything to the contrary in this Agreement but subject to the provisions of the CPA (if applicable)Agreement, to the extent that Goods supplied by the Supplier are in any way defective, the Customer shall be entitled, within the warranty period (if any) applicable to such Goods to claim the replacement or repair of Goods to eliminate any defect in workmanship or materials found to be due exclusively to any acts or omissions on the part of the Supplier, provided that the Customer notifies the Supplier, in writing, of such defect within 7 days after the defect arises (which notice shall specify the alleged defect), provided that the Supplier shall have been given a reasonable opportunity of inspecting any alleged defect. 11.3 In order to be a valid claim, the terms of the guarantee as set out in clause 11.1 11.2, must be in writing, and the claim must specify specifying the alleged defect, and be supported by the original tax invoice Invoice and a signed delivery note. In addition, addition the Goods (where applicable) must be returned by the Customer to the Supplier at the Supplier’s expense, packaged in their original undamaged packing material. 11.4 Subject to the provisions of the CPA (if applicable), the The parties agree that the Supplier shall have no liability in respect of any injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use, the Goods and whether or not occasioned by the Supplier’s negligence (gross or otherwise) or any act or omission on its part. Without limiting the aforegoing the Supplier does not warrant that the Goods will be fit for the purposes for which they are to be used by the Customer (notwithstanding that the use to which the Customer intends to put the Goods is known to the Supplier). It is the sole responsibility of the Customer to determine that the Goods ordered are suitable for the purpose of intended use. For the purposes hereof, any reference to the Supplier shall include its servants, agents or contractors or any person for whose acts or omissions the Supplier may be liable in law. This also constitutes a stipulation xxxxxx in favour of such persons the benefits of which may be accepted by them at any time. 11.5 The Supplier shall be relieved of all obligations in terms of this clause, if- 11.5.1 repairs or modifications have been made by persons other than the Supplier, unless such repairs or modifications are made with the prior written consent of the Supplier; 11.5.2 any Goods are operated with any accessory, equipment or part not specifically supplied or approved in writing by the Supplier; 11.5.3 the Goods shall not have been operated or maintained in accordance with the Supplier’s instruction, or under normal use; the Goods shall not have been properly installed. 11.6 If repairs or replacements are effected by the Supplier, only the parts actually worked on and not the complete Goods shall be subject to a new guarantee, if any, hereunder. 11.7 Customers who acquire Goods for the purpose of on-selling these Goods, whether that Customer is permitted to do so or not (and nothing noting herein contained shall be deemed to allow that the Customer to on-sell Goods acquired from the Supplier whilst ownership vests in the Supplier), shall not advertise or issue or in any other way give or make any warranties guarantees or representations as to the Goods in any form whatsoever or offer to do so, which could result in liability being imposed upon the Supplier. 11.8 Notwithstanding the contents of this clause 11, insofar as any transactions in terms hereof fall with the ambit of the CPA, the following provisions shall apply in respect of warranties and guarantees in respect of the Goods. 11.8.1 Provided the CPA is applicable, within Within 6 months after delivery of the Goods to the Customer, the Customer may return the Goods to the Supplier, without penalty, if the Goods do not satisfy the requirements and standards contemplated in Section 55 of the CPA in which event the Supplier may either: 11.8.1.1 repair or replace the failed, unsafe or defective Goods; or 11.8.1.2 refund the Customer for the price paid by the Customer for the Goods. 11.8.2 In the event of the Supplier repairing any particular Goods or component of such Goods and within 3 months of that repair, the failure or defect or unsafe features not being remedied or a further failure, defect or unsafe feature is discovered, The Supplier may: 11.8.2.1 replace the Goods; or 11.8.2.2 refund the Customer the price paid by the Customer for the Goods. 11.8.3 In the event of the Supplier providing any new or reconditioned parts installed during any repair or maintenance work and the labour required to install it, such work and parts will be warranted for a period of 3 months after date of installation or such longer period as the Supplier may specify in writing. 11.8.4 The warranty set out in section 55 of the CPA is at all times subject to the Supplier’s policies containing circumstances where the warranties and/or guarantees are excluded due to, inter alia, Goods being misused or abused and does not apply to any ordinary wear and tear in respect of the Goods, having regard to the circumstances in which the Goods were intended to be ordinarily used. 11.9 Repair times given are merely estimates . Furthermore, the Terms and Conditions as contained in any of the Suppliers policies and procedures [as amended by the Supplier (from time to time)], including but not limited to warranty policies, service procedures, repair and replacement policy and packaging policies shall apply in respect of such warranty and are not binding on the Supplier. The Supplier shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any unforeseen delayed repairsdeemed specifically incorporated herein. 11.10 With specific regards to the application of vinyl products due to its elastic properties lifting can occur. Should lifting occur within the first 6 months of application, the Supplier will use a primer adhesive to re-apply the vinyl product at no cost to the Customer, thereafter repair charges will apply.

Warranties and Guarantees. 11.1 Subject to Contractor warrants and guarantees that (i) all machinery, equipment, materials, systems, supplies and other items comprising the Project shall be new and of first-rate quality which satisfies utility-grade standards and in accordance with Prudent Utility Practices and the specifications set forth in this Agreement, suitable for use in generating electric energy and capacity under the climatic and normal operating conditions described in this Agreement and free from defective workmanship or materials, (ii) it will perform all of its design, construction, engineering and other Services 103 hereunder in accordance with the provisions of Section 2.3 hereof, (iii) the CPA Project and its components shall be free from all defects caused by errors or omissions in engineering and design, as determined by reference to Prudent Utility Practices, and shall comply with all Applicable Laws, all Applicable Permits, the Electrical Interconnection Requirements, the PPA Operating Requirements and the Guaranteed Emissions Limits in accordance with the provisions of Section 2.4 hereof, and (if applicableiv) the completed Project shall perform its intended functions of generating electric energy and capacity as a complete, integrated operating system as contemplated in this Agreement, it being understood that the design of the Facility (including, without limitation, the Electrical Interconnection Facilities and the Protective Apparatus) is based upon a design objective of useful life for a period not less than twenty-five (25) years from the Commercial Operation Date. If Owner notifies Contractor in writing no later than thirty (30) days after the expiration of the applicable Warranty Period of any defects or deficiencies in the Project discovered during the applicable Warranty Period, Contractor promptly (a) shall re-perform any of the Services at Contractor's expense to correct any errors, omissions, defects or deficiencies in the Project and (b) in the case of any defective or otherwise deficient machinery, equipment, materials, systems, supplies or other items (including without limitation the engineering or design thereof), no warrantiesshall replace or, guarantees at Contractor's option, repair the same at Contractor's expense such that it is in compliance with the standards warranted and guaranteed in this Section 10.1; provided, that Contractor's obligation to correct such defective or representationsdeficient items (x) shall not extend to any re-performance, express repairs or implied replacements to the extent required as a result of normal corrosion, erosion, noise level or tacit whether wear and tear in the operation of the Project (other than as caused by lawthe negligence of Contractor or any Subcontractor or the acts or omissions of Contractor or any Subcontractor that are not in compliance with Contractor's obligations hereunder) and (y) shall not apply to the extent such obligation arises directly from Owner's failure to operate and maintain the Project in accordance with the Instruction Manual and otherwise in accordance with Prudent Utility Practices. For the avoidance of doubt, contract the Parties hereby acknowledge and agree that Owner's use of No. 2 Fuel Oil in operating the Facility shall be deemed to be in accordance with the Instruction Manual and Prudent Utility Practices and shall not in any way excuse, release, invalidate or otherwise reduce Contractor's warranty and whether they induced 104 guarantee obligations under this Article 10. Contractor shall bear all costs and expenses associated with re-performing or repairing or replacing any Services, including, without limitation, necessary disassembly, transportation, reassembly and re-testing, as well as reworking, repair or replacement of such Services, and disassembly and reassembly of adjacent services when necessary to give access to the contract defective or notdeficient work; provided, which are however, that in the event Contractor is required in the performance of its warranty and guarantee obligations to remove, disassemble or reassemble any equipment, material or structures that (1) were not supplied by Contractor or its Subcontractors under this Agreement, (2) were not set forth in this Agreement the initial design plans for the Facility and (3) were not subsequently approved by Contractor (provided that Contractor shall be binding on the Supplier and the Customer irrevocably waives any right (common law or otherwise) it may have to rely thereon. Goods may be guaranteed under the manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to Goods and services are hereby specifically excluded by the Supplier, with the exception of any implied warranties described in the CPA (if applicable). This notwithstanding, the Supplier reserves the right to alter, amend or change any manufacturer’s product specific warranties as applicable and undertakes to inform the Customer of any and all such alterations, amendments or changes upon the sale of the Goods. 11.2 Notwithstanding anything to the contrary in this Agreement but subject to the provisions of the CPA (if applicable), to the extent that Goods supplied by the Supplier are in any way defective, the Customer shall be entitled, within the warranty period (if any) applicable to such Goods to claim the replacement or repair of Goods to eliminate any defect in workmanship or materials found to be due exclusively not unreasonably withhold its consent to any acts or omissions on such proposed additions, taking into account the part of the Supplier, provided that the Customer notifies the Supplier, in writing, of such defect within 7 days after the defect arises (which notice shall specify the alleged defect), provided that the Supplier shall have been given a reasonable opportunity of inspecting any alleged defect. 11.3 In order to be a valid claim, the terms of the guarantee as set out in clause 11.1 must be in writing, and the claim must specify the alleged defect, and be supported by the original tax invoice and a signed delivery note. In addition, the Goods (where applicable) must be returned by the Customer to the Supplier at the Supplier’s expense. 11.4 Subject to the provisions of the CPA (if applicablepotential implications under this Section 10.1), the parties agree that reasonable expense of such removal, disassembly and reassembly of such equipment, materials and structures shall be borne by Owner. Owner shall notify Contractor as soon as is practicable under the Supplier circumstances after any defective or otherwise deficient work becomes apparent to Owner. During the applicable Warranty Period, Contractor shall have no liability in respect promptly notify Owner of any injuryengineering and design defects which are manifested in any of Contractor's fleet of 501G combustion turbines under construction, loss start-up or damage (direct, indirect testing or consequential) arising out of the use of, or inability to use, the Goods in operation during such Warranty Period and whether or not occasioned by the Supplier’s negligence (gross or otherwise) or any act or omission on its part. Without limiting the aforegoing the Supplier does not warrant that the Goods will which could reasonably be fit for the purposes for which they are expected to be used by the Customer (notwithstanding that the use to which the Customer intends to put the Goods is known common to the Supplier). It is the sole responsibility of the Customer fleet or this Facility [*] Owner shall, subject to determine that the Goods ordered are suitable for the purpose of intended use. For the purposes hereof, any reference to the Supplier shall include its servants, agents or contractors or any person for whose acts or omissions the Supplier may be liable in law. This also constitutes a stipulation xxxxxx in favour of such persons the benefits of which may be accepted by them at any time. 11.5 The Supplier shall be relieved of all obligations in terms of this clause, if- 11.5.1 repairs or modifications have been made by persons other than the Supplier, unless such repairs or modifications are made with the prior written consent of the Supplier; 11.5.2 any Goods are operated with any accessory, equipment or part not specifically supplied or approved in writing by the Supplier; 11.5.3 the Goods shall not have been operated or maintained and in accordance with the Supplier’s instructionprovisions of Section 6.3.4 hereof, or under normal use; make the Goods shall not have been properly installed. 11.6 If repairs or replacements are effected by the Supplier, only the parts actually worked on and not the complete Goods shall be subject to a new guarantee, if any, hereunder. 11.7 Customers who acquire Goods for the purpose of on-selling these Goods, whether that Customer is permitted to do so or not (and nothing herein contained shall be deemed to allow that the Customer to on-sell Goods acquired from the Supplier whilst ownership vests in the Supplier), shall not advertise or issue or in any other way give or make any warranties guarantees or representations as to the Goods in any form whatsoever or offer to do so, which could result in liability being imposed upon the Supplier. 11.8 Notwithstanding the contents of this clause 11, insofar as any transactions in terms hereof fall with the ambit of the CPA, the following provisions shall apply in respect of warranties and guarantees in respect of the Goods. 11.8.1 Provided the CPA is applicable, within 6 months after delivery of the Goods to the Customer, the Customer may return the Goods to the Supplier, without penalty, if the Goods do not satisfy the requirements and standards contemplated in Section 55 of the CPA in which event the Supplier may either: 11.8.1.1 repair or replace the failed, unsafe or defective Goods; or 11.8.1.2 refund the Customer for the price paid by the Customer for the Goods. 11.8.2 In the event of the Supplier repairing any particular Goods or component of such Goods and within 3 months of that repair, the failure or defect or unsafe features not being remedied or a further failure, defect or unsafe feature is discovered, The Supplier may: 11.8.2.1 replace the Goods; or 11.8.2.2 refund the Customer the price paid by the Customer for the Goods. 11.8.3 In the event of the Supplier providing any new or reconditioned parts installed during any repair or maintenance work and the labour required to install it, such work and parts will be warranted for a period of 3 months after date of installation Facility or such longer period as the Supplier may specify in writing. 11.8.4 The warranty set out in section 55 of the CPA is at all times subject Equipment available to the Supplier’s policies containing circumstances where the warranties and/or guarantees are excluded due to, inter alia, Goods being misused or abused and does not apply to any ordinary wear and tear in respect of the Goods, having regard to the circumstances in which the Goods were intended to be ordinarily used. 11.9 Repair times given are merely estimates and are not binding on the Supplier. The Supplier shall not be liable Contractor for any loss or damage of whatsoever nature which the Customer may suffer as a result of any unforeseen delayed repairs. 11.10 With specific regards to the application of vinyl products due to its elastic properties lifting can occur. Should lifting occur within the first 6 months of application, the Supplier will use a primer adhesive Contractor to re-apply perform, replace or, at Contractor's option, repair the vinyl product same at no cost to Contractor's expense such that it is in compliance with the Customerstandards warranted and guaranteed, thereafter repair charges will applyall in accordance with the provisions set forth in this Section 10.1.