Common use of Warranties and Liability Clause in Contracts

Warranties and Liability. 8.1. Roxtec warrants for a maximum of twelve (12) months from delivery to Customer ("Warranty Period"), that all Goods are free from defects in material, design and workmanship (“Warranty)”). Customer shall immediately report in writing to Roxtec any claimed defect upon discovering the same within the Warranty Period. After receiving notice from Customer and substantiation by Roxtec of the claim as being under Warranty, Roxtec shall, at its option: (i) repair the defective Goods, (ii) refund an equitable portion of the Order´s value, or (iii) furnish replacement Goods or parts, as necessary at the original shipping point. In no event will Roxtec at any time be responsible for disassembling, and/or reassembling, uninstalling and/or reinstalling any Goods. 8.2. Roxtec’s obligations for any Goods as set forth in Section 8.1 above is subject to Roxtec being notified in writing by Customer without undue delay and no later than thirty (30) days after a defect is discovered or ought to have been discovered upon a careful inspection. Defective Goods, which have been replaced by Roxtec, shall be Roxtec’s property. Customer is obliged to carry out dismantling and re-installation of defective Goods at its own risk and cost. 8.3. The Warranty shall not cover, and Roxtec shall not be liable for defects in any Goods that are caused by or related to improper storage or transit, faulty maintenance, misuse, unusual external conditions, incorrect installation and alterations or reparations of the Goods. Modifications or repairs to any Goods (other than by Roxtec), or products or parst used with any Goods shall void the Warranty. Customer waives any rights to make a Warranty claim of any kind, express or implied, where any Goods has been modified or altered. Roxtec shall in no event be liable under this Section 8 or otherwise if Customer or a customer of Customer has used or installed any parts in or in connection with the Goods, which are not Roxtec’s original parts. The Warranty shall not cover defects in design when the Goods have been manufactured by Roxtec according to Customer’s own designs or following Customer’s instructions regarding the design of the Goods. Decomposition or corrosion by chemical action or wear or damage caused by the presence of abrasive materials is not and shall not be a product or manufacturing defect. Furthermore, the Warranty does not cover normal wear and tear. 8.4. Roxtec does not provide a warranty for any product or part not manufactured by Roxtec or services provided by third parties. With respect to products, parts, and equipment not engineered or manufactured by Roxtec (whether or not supplied by Roxtec or affected by the Work), Roxtec waives and disclaims any and all liabilities and warranties whether express or implied. 8.5. With respect to any Work involving demonstrations or instructions and training of Customer or its personnel, Roxtec is not liable for (and Customer waives) any and all liabilities and warranties whether express or implied arising out of such instruction. The participants at any training provided by Roxtec are not evaluated by Roxtec and therefore Roxtec cannot assess the ability of the participant(s) to conduct Work, install, inspect or supervise Transits or any sealing solutions for cables and pipes. Therefore, Customer waives any liability against Roxtec and shall hold Roxtec harmless for any default, failure, damage (direct or indirect) or loss of whatever kind and type caused by an installation, inspection or supervision made by the participant(s) of the training services provided by Roxtec. 8.6. This Section 8 sets forth the exclusive remedies for claims based on defect, failure or nonconformity of the supplied Work. This exclusivity applies whether a claim is in contract, indemnity or tort (including negligence) or otherwise and however instituted and whether a defect arises before or during the warranty period. The Warranty set forth in Section 8.1 is exclusive and in lieu of all other warranties whether written, oral, implied or statutory. NO IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY TO THE WORK AND SUCH PROVISIONS ARE, TO THE EXTENT PERMITTED BY LAW, EXCLUDED.

Warranties and Liability. 8.19.1. Under the Australian Consumer Law, certain consumer goods and services come with guarantees that cannot be excluded by contract. This Section 9 does not apply to any Customer who is a "Consumer" within the meaning of the Australian Consumer Law. 9.2. Roxtec warrants for a maximum of twelve (12) months from delivery to Customer ("Warranty Period")Customer, that all Goods are free from defects in material, design and workmanship (“WarrantyWarranty(ies)”). Customer shall immediately report in writing to Roxtec any claimed defect upon discovering the same within the Warranty Periodsaid 12 months’ period. After receiving notice from Customer and substantiation by Roxtec of the claim as being under within the Warranty, Roxtec shall, at its option: (i) repair the defective Goodsdefected Good, (ii) refund an equitable portion of the Order´s value, or (iii) furnish replacement Goods or parts, as necessary at the original shipping point. In no event will Roxtec at any time be responsible for disassembling, and/or reassembling, uninstalling and/or reinstalling any Goods. 8.29.3. Roxtec’s obligations for any Goods as set forth in Section 8.1 9.2 above is subject to Roxtec being notified in writing by Customer without undue delay and no later than thirty (30) days after a defect is discovered or ought to have been discovered upon a careful inspection. Any claim notified by Customer shall be deemed to have been withdrawn and waived by Customer unless legal proceedings in respect thereof have been initiated within three (3) months of the notification of such claim to Roxtec. Defective Goods, which have been replaced by Roxtec, shall be Roxtec’s property. Customer is obliged to carry out dismantling and re-re- installation of defective Goods at its own risk and cost. 8.39.4. If Roxtec has not successfully remedied the defect within a reasonable time, Customer may, by written notice, fix a final time for completion of Roxtec’s obligation. If Roxtec has not remedied the defect by such final time, Customer is entitled to terminate the purchase in respect of such defective Goods. 9.5. The Warranty shall not cover, and Roxtec shall not be liable for defects in any Goods that are caused by or related to improper storage or transitstorage, faulty maintenance, misuse, unusual external conditions, incorrect installation and alterations or reparations of the Goods. Modifications or repairs to any Goods (other than by Roxtec)Goods, or products product or parst part used with any Goods shall void the Warranty. Customer waives any rights to make a Warranty claim of any kind, express or implied, where any Goods a Good has been modified or altered. Roxtec shall in no event be liable under this Section 8 9 or otherwise if Customer or a customer of Customer has used or installed any parts in or in connection with the Goods, which are not Roxtec’s original parts. The Warranty shall not cover defects in design when the Goods have been manufactured by Roxtec according to Customer’s own designs or following Customer’s instructions regarding the design of the Goods. Decomposition or corrosion by chemical action or wear or damage caused by the presence of abrasive materials is not and shall not be a product or manufacturing defect. Furthermore, the Warranty Roxtec’s liability does not cover normal wear and tear. 8.49.6. Roxtec does not provide a warranty for any product or part not manufactured by Roxtec or services provided by third parties. With respect to products, parts, and equipment not engineered or manufactured by Roxtec (whether or not supplied by Roxtec or affected by the Work), Roxtec waives and disclaims any and all liabilities and warranties whether express or implied. 8.59.7. With respect to any Work involving demonstrations or instructions instruction and training of Customer or its personnel, Roxtec is not liable for (disclaims and Customer waives) waives any and all liabilities and warranties whether express or implied arising out of such instructionimplied. The participants at any training trainings provided by Roxtec are not evaluated by Roxtec and therefore Roxtec cannot assess the ability of the participant(s) to conduct Work, install, inspect or supervise Transits or any sealing solutions for cables and pipes. Therefore, Customer waives any liability against of Roxtec and shall hold Roxtec harmless for any default, failure, damage (direct or indirect) or loss of whatever kind and type caused by an installation, inspection or supervision made by the participant(s) of the training services provided by Roxtec. 8.69.8. This Section 8 9 sets forth the exclusive remedies for claims based on defect, failure or nonconformity of the supplied Work. This exclusivity applies whether a claim is in contract, indemnity or tort (including negligence) or otherwise and however instituted and whether a defect arises before or during the warranty period. The Warranty set forth in Section 8.1 9.2 is exclusive and in lieu of all other warranties whether written, oral, implied or statutory. NO IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY TO THE WORK AND SUCH PROVISIONS ARE, TO THE EXTENT PERMITTED BY LAW, EXCLUDEDWORK.

Warranties and Liability. 8.19.1. Each Party hereby warrants and represents to the other Party that it is duly organised, validly existing and in good standing under Applicable Laws in its jurisdiction of formation and has the requisite power and authority to enter into and perform its obligations under this Agreement. 9.2. Roxtec warrants for a maximum of twelve (12) months from delivery to Customer ("“Warranty Period"”), that all Goods are free from defects in material, design and workmanship (“Warranty)”). Customer shall immediately report in writing to Roxtec any claimed defect upon discovering the same within the Warranty Period. After receiving notice from Customer and substantiation by Roxtec of the claim as being under Warranty, Roxtec shall, at its option: (i) repair the defective Goods, (ii) refund an equitable portion of the Order´s value, or (iii) furnish replacement Goods or parts, as necessary at the original shipping point. In no event will Roxtec at any time be responsible for disassembling, and/or reassembling, uninstalling and/or reinstalling any Goods. 8.29.3. Roxtec’s obligations for any Goods as set forth in Section 8.1 9.2 above is subject to Roxtec being notified in writing by Customer without undue delay and no later than thirty (30) days after a defect is discovered or ought to have been discovered upon a careful inspection. If notice is not given in accordance with this Section 9.3, any claim under Section 9.2 or this Agreement, will be waived. Defective Goods, which have been replaced by Roxtec, shall be Roxtec’s property. Customer is obliged to carry out dismantling and re-installation of defective Goods at its own risk and cost. 8.39.4. The Warranty shall not cover, and Roxtec shall not be liable for defects in any Goods that are caused by or related to improper storage or transit, faulty maintenance, misuse, unusual external conditions, incorrect installation and alterations or alterations, reparations of the Goods. Modifications Goods not performed or repairs to any Goods (other than authorized by Roxtec), or products or parst used with any Goods shall void the Warranty. Customer waives any rights to make a Warranty claim of any kind, express or implied, where any Goods has been modified or altered. Roxtec shall in no event be liable under this Section 8 9 or otherwise if Customer or a customer of Customer has used or installed any parts in or in connection with the Goods, which are not Roxtec’s original parts. The Warranty shall not cover defects in design when the Goods have been manufactured by Roxtec according to Customer’s own designs or following Customer’s instructions regarding the design of the Goods. Decomposition or corrosion by chemical action or wear or damage caused by the presence of abrasive materials is not and shall not be a product or manufacturing defect. Furthermore, the Warranty does not cover normal wear and tear. 8.49.5. Roxtec does not provide a warranty warranty, and accepts no responsibility or liability for any product product, part or part not equipmentnot manufactured by Roxtec or services provided by third partiesparties (“Third Party Components”). With respect to products, parts, and equipment not engineered or manufactured by Roxtec Third Party Components (whether or not supplied by Roxtec or affected by the Work), Roxtec waives and disclaims any and all liabilities and warranties whether express or implied. In respect of such Third Party Components, Roxtec will, to the extent permitted, assign to the Customer the benefit of any warranties provided to Roxtec by the manufacturers of such Third Party Components. 8.59.6. With respect to any Work Services involving demonstrations or instructions and training of Customer or its personnel, Roxtec is not liable for (and Customer waives) any and all liabilities and warranties whether express or implied arising out of such instruction. The participants at any training provided by Roxtec are not evaluated by Roxtec and therefore Roxtec cannot assess the ability of the participant(s) to conduct WorkServices, install, inspect or supervise Transits or any sealing solutions for cables and pipes. Therefore, Customer waives any liability against Roxtec and shall hold Roxtec harmless for any default, failure, damage (direct or indirect) or loss of whatever kind and type caused by an installation, inspection or supervision made by the participant(s) of the training services provided by Roxtec. 8.69.7. The product information provided by Roxtec about the Goods does not release Customer, or part thereof, form the obligation to independently determine the suitability of the Goods for the intended process, installation and/or use. 9.8. This Section 8 9 sets forth the exclusive remedies for claims based on defect, failure or nonconformity of the supplied Work. This exclusivity applies whether a claim is in contract, indemnity or tort (including negligence) or otherwise and however instituted and whether a defect arises before or during the warranty period. The Warranty set forth in Section 8.1 is exclusive and in lieu of all other warranties whether written, oral, implied or statutory. NO IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY TO THE WORK AND SUCH PROVISIONS ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCLUDED.

Warranties and Liability. 8.19.1. Roxtec warrants that the Products and parts manufactured by Roxtec and delivered hereunder will be free from defects in material and workmanship and will conform to the specifications agreed to in writing. Roxtec warrants its Products and parts for a maximum period of twelve (12) months from the date of delivery to Customer ("Warranty Period"), that all Goods are free from defects in material, design and workmanship (the “Warranty)”). Customer shall immediately report in writing to Roxtec any claimed defect upon discovering the same within the Warranty Periodsame. After receiving such notice from Customer and substantiation by Roxtec of the claim as being under Warrantywithin the warranty, Roxtec shall, at its option: (i) repair the defective GoodsCustomer’s Products with any shipping, customs, duties, levies, taxes or other charges being assessed to Customer’s account, (ii) refund an equitable portion of the Order´s valuecontract price, or (iii) furnish replacement Goods Products or parts, as necessary at the original shipping point. In no event will Roxtec at any time be responsible for disassembling, and/or reassembling, uninstalling and/or reinstalling any Goodsproducts. Decomposition or corrosion by chemical action or wear or damage is not and shall not be a product or manufacturing defect. Modifications or repairs to any Roxtec product, or product or part used with a Roxtec product shall void any warranty by Roxtec. Customer waives any rights to make a warranty claim of any kind, express or implied, where a Roxtec product has been modified or altered. The limitations of this section are a material condition precedent of Roxtec providing Products to Customer. 8.29.2. Roxtec does not provide a warranty for any Products or part not manufactured by Roxtec. With respect to products, parts, and equipment not engineered or manufactured by Roxtec (whether or not supplied by Roxtec), Roxtec disclaims and Customer waives any and all liabilities and warranties whether express or implied. CUSTOMER XXXXXX AGREES TO DEFEND, INDEMNIFY AND HOLD ROXTEC HARMLESS FROM ANY AND ALL CLAIMS OR DAMAGES (INCLUDING FOR ATTORNEY OR EXPERT FEES) ARISING FROM OR RELATING TO PRODUCTS, PARTS, AND EQUIPMENT NOT MADE BY ROXTEC EVEN IF ROXTEC IS ALLEGED TO BE NEGLIGENT (OR WITHOUT REGARD TO THE ALLEGED NEGLIGENCE OF ROXTEC). The limitations of this section are a material condition precedent of Roxtec providing Products to Customer. 9.3. This Warranty is in lieu of all other warranties with respect to the Products, expressed or implied and specifically any warranties of merchantability and fitness for a particular purpose. To the fullest extent allowed by law Customer waives all implied warranties, and acknowledges that the only express warranties related to the Products are contained in these Terms. Customer waives and releases any and all warranties, express or implied, not contained in these Terms. This Section 9 sets forth the exclusive remedies for claims based on defect, failure or nonconformity of the goods or Products supplied. This exclusivity applies whether a claim is in contract, indemnity or tort (including negligence) or otherwise and however instituted and whether a defect arises before or during the warranty period. Upon the expiration of this Warranty, all such liability shall terminate. The Warranty is exclusive and in lieu of all other warranties whether written, oral, implied or statutory. NO IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. Roxtec does not warrant any goods or services of others. 9.4. Roxtec’s obligations for any Goods Products as set forth in Section 8.1 9.1 above is subject to Roxtec being notified in writing by Customer without undue delay and no later than thirty (30) days after a defect is discovered or ought to have been discovered upon a careful inspection. Defective Goodsparts, which have been replaced by Roxtec, shall be Roxtec’s property. Customer is obliged to carry out dismantling and re-installation of defective Goods Products at its own risk and cost. 8.39.5. If Roxtec has not successfully remedied the defect within a reasonable time, Customer may, by written notice, fix a final time for completion of Xxxxxx’s obligation. If Roxtec has not remedied the defect by such final time, Customer is entitled to terminate the purchase in respect of the defective Product. 9.6. The Warranty shall not cover, and Roxtec shall not be liable for defects in any Goods that are caused by or related to improper storage or transituse, storage, faulty maintenance, misuse, unusual external conditions, non- adherence to Roxtec’s installation instructions or other incorrect installation and installation, alterations or reparations of the GoodsProducts carried out without Roxtec’s prior written consent. Modifications Roxtec is not responsible or repairs to liable for any Goods claims, causes of action of damages (other than by Roxtec)actual or consequential) if the products are not used for their intended purpose, or products or parst used with any Goods shall void in an application the Warranty. Customer waives any rights Products are not made to make a Warranty claim of any kind, express or implied, where any Goods has been modified or alteredwork in. Roxtec shall in no event not be liable under this Section 8 9 or otherwise if Customer or a customer of Customer has used or installed any parts in or in connection with the GoodsProducts, which are not Roxtec’s original parts. The Warranty shall not cover defects in design when the Goods Products have been manufactured by Roxtec according to Customer’s Customer´s own designs or following Customer’s Customer´s instructions regarding the design of the GoodsProducts. 9.7. Decomposition or corrosion by chemical action or wear or damage caused by the presence of abrasive materials is not Roxtec’s Warranty and shall not be a product or manufacturing defect. Furthermore, the Warranty liability does not cover normal wear and tear. 8.49.8. Roxtec does not provide a warranty for Subject only to Section 10 below, this Section 9 outlines Roxtec’s exclusive and total liability in respect of defective Products in relation to Customer and any product or part not manufactured by Roxtec or services provided by third parties. With respect to products, parts, and equipment not engineered or manufactured by Roxtec (whether or not supplied by Roxtec or affected by the Work), Roxtec waives and disclaims any and all liabilities and warranties whether express or implied. 8.5. With respect to any Work involving demonstrations or instructions and training of Customer or its personnel, Roxtec is not liable for (and Customer waives) any and all liabilities and warranties whether express or implied arising out of such instruction. The participants at any training provided by Roxtec are not evaluated by Roxtec and therefore Roxtec cannot assess the ability of the participant(s) to conduct Work, install, inspect or supervise Transits or any sealing solutions for cables and pipes. Therefore, Customer waives any liability against Roxtec and shall hold Roxtec harmless for any default, failure, damage (direct or indirect) or loss of whatever kind and type caused by an installation, inspection or supervision made by the participant(s) of the training services provided by Roxtec. 8.6. This Section 8 sets forth the exclusive remedies for claims based on defect, failure or nonconformity of the supplied Work. This exclusivity applies whether a claim is in contract, indemnity or tort (including negligence) or otherwise and however instituted and whether a defect arises before or during the warranty period. The Warranty set forth in Section 8.1 is exclusive and in lieu of all other warranties whether written, oral, implied or statutory. NO IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY TO THE WORK AND SUCH PROVISIONS ARE, TO THE EXTENT PERMITTED BY LAW, EXCLUDED.

Warranties and Liability. 8.19.1. Roxtec warrants that the Products and parts manufactured by Roxtec and delivered hereunder will be free from defects in material and workmanship and will conform to the specifications agreed to in writing. Roxtec warrants its Products and parts for a maximum period of twelve (12) months from the date of delivery to Customer ("Warranty Period"), that all Goods are free from defects in material, design and workmanship (the “Warranty)”). Customer shall immediately report in writing to Roxtec any claimed defect upon discovering the same within the Warranty Periodsame. After receiving such notice from Customer and substantiation by Roxtec of the claim as being under Warrantywithin the warranty, Roxtec shall, at its option: (i) repair the defective GoodsCustomer’s Products with any shipping, customs, duties, levies, taxes or other charges being assessed to Customer’s account, (ii) refund an equitable portion of the Order´s valuecontract price, or (iii) furnish replacement Goods Products or parts, as necessary at the original shipping point. In no event will Roxtec at any time be responsible for disassembling, and/or reassembling, uninstalling and/or reinstalling any Goodsproducts. Decomposition or corrosion by chemical action or wear or damage caused by the presence of abrasive materials is not and shall not be a product or manufacturing defect. Modifications or repairs to any Roxtec product, or product or part used with a Roxtec product shall void any warranty by Roxtec. Customer waives any rights to make a warranty claim of any kind, express or implied, where a Roxtec product has been modified or altered. The limitations of this section are a material condition precedent of Roxtec providing Products to Customer. 8.29.2. Roxtec does not provide a warranty for any Products or part not manufactured by Roxtec. With respect to products, parts, and equipment not engineered or manufactured by Roxtec (whether or not supplied by Roxtec), Roxtec disclaims and Customer waives any and all liabilities and warranties whether express or implied. CUSTOMER HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD ROXTEC HARMLESS FROM ANY AND ALL CLAIMS OR DAMAGES (INCLUDING FOR ATTORNEY OR EXPERT FEES) ARISING FROM OR RELATING TO PRODUCTS, PARTS, AND EQUIPMENT NOT MADE BY ROXTEC EVEN IF ROXTEC IS ALLEGED TO BE NEGLIGENT (OR WITHOUT REGARD TO THE ALLEGED NEGLIGENCE OF ROXTEC). The limitations of this section are a material condition precedent of Roxtec providing Products to Customer. 9.3. This Warranty is in lieu of all other warranties with respect to the Products, expressed or implied and specifically any warranties of merchantability and fitness for a particular purpose. To the fullest extent allowed by law Customer waives all implied warranties, and acknowledges that the only express warranties related to the Products are contained in these Terms. Customer waives and releases any and all warranties, express or implied, not contained in these Terms. This Article 9 sets forth the exclusive remedies for claims based on defect, failure or nonconformity of the goods or Products supplied. This exclusivity applies whether a claim is in contract, indemnity or tort (including negligence) or otherwise and however instituted and whether a defect arises before or during the warranty period. Upon the expiration of this Warranty, all such liability shall terminate. The Warranty is exclusive and in lieu of all other warranties whether written, oral, implied or statutory. NO IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. Roxtec does not warrant any goods or services of others. 9.4. Roxtec’s obligations for any Goods Products as set forth in Section 8.1 9.1 above is subject to Roxtec being notified in writing by Customer without undue delay and no later than thirty (30) days after a defect is discovered or ought to have been discovered upon a careful inspection. Defective Goodsparts, which have been replaced by Roxtec, shall be Roxtec’s property. Customer is obliged to carry out dismantling and re-installation of defective Goods Products at its own risk and cost. 8.39.5. If Roxtec has not successfully remedied the defect within a reasonable time, Customer may, by written notice, fix a final time for completion of Roxtec’s obligation. If Roxtec has not remedied the defect by such final time, Customer is entitled to terminate the purchase in respect of the defective Product. 9.6. The Warranty shall not cover, and Roxtec shall not be liable for defects in any Goods that are caused by or related to improper storage or transituse, storage, faulty maintenance, misuse, unusual external conditions, non- adherence to Roxtec’s installation instructions or other incorrect installation and installation, alterations or reparations of the GoodsProducts carried out without Roxtec’s prior written consent. Modifications Roxtec is not responsible or repairs to liable for any Goods claims, causes of action of damages (other than by Roxtec)actual or consequential) if the products are not used for their intended purpose, or products or parst used with any Goods shall void in an application the Warranty. Customer waives any rights Products are not made to make a Warranty claim of any kind, express or implied, where any Goods has been modified or alteredwork in. Roxtec shall in no event not be liable under this Section 8 9 or otherwise if Customer or a customer of Customer has used or installed any parts in or in connection with the GoodsProducts, which are not Roxtec’s original parts. The Warranty shall not cover defects in design when the Goods Products have been manufactured by Roxtec according to Customer’s Customer´s own designs or following Customer’s Customer´s instructions regarding the design of the GoodsProducts. 9.7. Decomposition or corrosion by chemical action or wear or damage caused by the presence of abrasive materials is not Roxtec’s Warranty and shall not be a product or manufacturing defect. Furthermore, the Warranty liability does not cover normal wear and tear. 8.49.8. Roxtec does not provide a warranty for Subject only to Section 10 below, this Section 9 outlines Roxtec’s exclusive and total liability in respect of defective Products in relation to Customer and any product or part not manufactured by Roxtec or services provided by third parties. With respect to products, parts, and equipment not engineered or manufactured by Roxtec (whether or not supplied by Roxtec or affected by the Work), Roxtec waives and disclaims any and all liabilities and warranties whether express or implied. 8.5. With respect to any Work involving demonstrations or instructions and training of Customer or its personnel, Roxtec is not liable for (and Customer waives) any and all liabilities and warranties whether express or implied arising out of such instruction. The participants at any training provided by Roxtec are not evaluated by Roxtec and therefore Roxtec cannot assess the ability of the participant(s) to conduct Work, install, inspect or supervise Transits or any sealing solutions for cables and pipes. Therefore, Customer waives any liability against Roxtec and shall hold Roxtec harmless for any default, failure, damage (direct or indirect) or loss of whatever kind and type caused by an installation, inspection or supervision made by the participant(s) of the training services provided by Roxtec. 8.6. This Section 8 sets forth the exclusive remedies for claims based on defect, failure or nonconformity of the supplied Work. This exclusivity applies whether a claim is in contract, indemnity or tort (including negligence) or otherwise and however instituted and whether a defect arises before or during the warranty period. The Warranty set forth in Section 8.1 is exclusive and in lieu of all other warranties whether written, oral, implied or statutory. NO IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY TO THE WORK AND SUCH PROVISIONS ARE, TO THE EXTENT PERMITTED BY LAW, EXCLUDED.

Warranties and Liability. 8.19.1. Roxtec warrants for a maximum of twelve (12) months from delivery to Customer ("Warranty Period")Customer, that all Goods are free from defects in material, design and workmanship (“WarrantyWarranty(ies)”). Customer shall immediately report in writing to Roxtec any claimed defect upon discovering the same within the Warranty Periodsaid 12 months’ period. After receiving notice from Customer and substantiation by Roxtec of the claim as being under within the Warranty, Roxtec shall, at its option: (i) repair the defective Goodsdefected Good, (ii) refund an equitable portion of the Order´s value, or (iii) furnish replacement Goods or parts, as necessary at the original shipping point. In no event will Roxtec at any time be responsible for disassembling, and/or reassembling, uninstalling and/or reinstalling any Goods. 8.29.2. Roxtec’s obligations for any Goods as set forth in Section 8.1 9.1 above is subject to Roxtec being notified in writing by Customer without undue delay and no later than thirty (30) days after a defect is discovered or ought to have been discovered upon a careful inspection. Any claim notified by Customer shall be deemed to have been withdrawn and waived by Customer unless legal proceedings in respect thereof have been initiated within three (3) months of the notification of such claim to Roxtec. Defective Goods, which have been replaced by Roxtec, shall be Roxtec’s property. Customer is obliged to carry out dismantling and re-re- installation of defective Goods at its own risk and cost. 8.39.3. If Roxtec has not successfully remedied the defect within a reasonable time, Customer may, by written notice, fix a final time for completion of Xxxxxx’s obligation. If Roxtec has not remedied the defect by such final time, Customer is entitled to terminate the purchase in respect of such defective Goods. 9.4. The Warranty shall not cover, and Roxtec shall not be liable for defects in any Goods that are caused by or related to improper storage or transitstorage, faulty maintenance, misuse, unusual external conditions, incorrect installation and alterations or alterations, reparations of the Goods. Modifications Goods not performed or repairs to any Goods (other than authorized by Roxtec), or products or parst used with any Goods shall void the Warranty. Customer waives any rights to make a Warranty claim of any kind, express or implied, where any Goods a Good has been modified or altered. Roxtec shall in no event be liable under this Section 8 9 or otherwise if Customer or a customer of Customer has used or installed any parts in or in connection with the Goods, which are not Roxtec’s original parts. The Warranty shall not cover defects in design when the Goods have been manufactured by Roxtec according to Customer’s own designs or following Customer’s instructions regarding the design of the Goods. Decomposition or corrosion by chemical action or wear or damage caused by the presence of abrasive materials is not and shall not be a product or manufacturing defect. Furthermore, the Warranty Roxtec’s liability does not cover normal wear and tear. 8.49.5. Roxtec does not provide a warranty for any product or part not manufactured by Roxtec or services provided by third parties. With respect to products, parts, and equipment not engineered or manufactured by Roxtec (whether or not supplied by Roxtec or affected by the Work), Roxtec waives and disclaims any and all liabilities and warranties whether express or implied. 8.59.6. With respect to any Work Services involving demonstrations or instructions instruction and training of Customer or its personnel, Roxtec is not liable for (disclaims and Customer waives) waives any and all liabilities and warranties whether express or implied arising out of such instructionimplied. The participants at any training trainings provided by Roxtec are not evaluated by Roxtec and therefore Roxtec cannot assess the ability of the participant(s) to conduct WorkServices, install, inspect or supervise Transits or any sealing solutions for cables and pipes. Therefore, Customer waives any liability against of Roxtec and shall hold Roxtec harmless for any default, failure, damage (direct or indirect) or loss of whatever kind and type caused by an installation, inspection or supervision made by the participant(s) of the training services provided by Roxtec. 8.69.7. The product information provided by Roxtec about the Goods does not release Customer, or part thereof, from the obligation to independently determine the suitability of the Goods for the intended process, installation and/or use. 9.8. This Section 8 9 sets forth the exclusive remedies for claims based on defect, failure or nonconformity of the supplied Work. This exclusivity applies whether a claim is in contract, indemnity or tort (including negligence) or otherwise and however instituted and whether a defect arises before or during the warranty period. The Warranty set forth in Section 8.1 9.1 is exclusive and in lieu of all other warranties whether written, oral, implied or statutory. NO xxxxxxxxx.XX IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY TO THE WORK AND SUCH PROVISIONS ARE, TO THE EXTENT PERMITTED BY LAW, EXCLUDEDWORK.

Warranties and Liability. 8.19.1 Roxtec warrants that the Products and parts manufactured by Roxtec and delivered hereunder will be free from defects in material and workmanship and will conform to the specifications agreed to in writing. Roxtec warrants its Products and parts for a maximum period of twelve (12) months from the date of delivery to Customer ("Warranty Period"), that all Goods are free from defects in material, design and workmanship (the “Warranty)”). Customer shall immediately report in writing to Roxtec any claimed defect upon discovering the same within the Warranty Periodsame. After receiving such notice from Customer and substantiation by Roxtec of the claim as being under Warrantywithin the warranty, Roxtec shall, at its option: (i) repair the defective GoodsCustomer’s Products with any shipping, customs, duties, levies, taxes or other charges being assessed to Customer’s account, (ii) refund an equitable portion of the Order´s valuecontract price, or (iii) furnish replacement Goods Products or parts, as necessary at the original shipping point. In no event will Roxtec at any time be responsible for disassembling, and/or reassembling, uninstalling and/or reinstalling any Goodsproducts. Decomposition or corrosion by chemical action or wear or damage is not and shall not be a product or manufacturing defect. Modifications or repairs to any Roxtec product, or product or part used with a Roxtec product shall void any warranty by Roxtec. Customer waives any rights to make a warranty claim of any kind, express or implied, where a Roxtec product has been modified or altered. The limitations of this section are a material condition precedent of Roxtec providing Products to Customer. 8.29.2 Roxtec does not provide a warranty for any Products or part not manufactured by Roxtec. With respect to products, parts, and equipment not engineered or manufactured by Roxtec (whether or not supplied by Roxtec), Roxtec disclaims and Customer waives any and all liabilities and warranties whether express or implied. CUSTOMER XXXXXX AGREES TO DEFEND, INDEMNIFY AND HOLD ROXTEC HARMLESS FROM ANY AND ALL CLAIMS OR DAMAGES (INCLUDING FOR ATTORNEY OR EXPERT FEES) ARISING FROM OR RELATING TO PRODUCTS, PARTS, AND EQUIPMENT NOT MADE BY ROXTEC EVEN IF ROXTEC IS ALLEGED TO BE NEGLIGENT (OR WITHOUT REGARD TO THE ALLEGED NEGLIGENCE OF ROXTEC). The limitations of this section are a material condition precedent of Roxtec providing Products to Customer. 9.3 This Warranty is in lieu of all other warranties with respect to the Products, expressed or implied and specifically any warranties of merchantability and fitness for a particular purpose. To the fullest extent allowed by law, Customer waives all implied warranties, and acknowledges that the only express warranties related to the Products are contained in these Terms. Customer waives and releases any and all warranties, express or implied, not contained in these Terms. This Article 9 sets forth the exclusive remedies for claims based on defect, failure or nonconformity of the goods or Products supplied. This exclusivity applies whether a claim is in contract, indemnity or tort (including negligence) or otherwise and however instituted and whether a defect arises before or during the warranty period. Upon the expiration of this Warranty, all such liability shall terminate. The Warranty is exclusive and in lieu of all other warranties whether written, oral, implied or statutory. NO IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. Roxtec does not warrant any goods or services of others. 9.4 Roxtec’s obligations for any Goods Products as set forth in Section 8.1 9.1 above is subject to Roxtec being notified in writing by Customer without undue delay and no later than thirty (30) days after a defect is discovered or ought to have been discovered upon a careful inspection. Defective Goodsparts, which have been replaced by Roxtec, shall be Roxtec’s property. Customer is obliged to carry out dismantling and re-installation of defective Goods Products at its own risk and cost. 8.39.5 If Roxtec has not successfully remedied the defect within a reasonable time, Customer may, by written notice, fix a final time for completion of Roxtec’s obligation. If Roxtec has not remedied the defect by such final time, Customer is entitled to terminate the purchase in respect of the defective Product. 9.6 The Warranty shall not cover, and Roxtec shall not be liable for defects in any Goods that are caused by or related to improper storage or transituse, storage, faulty maintenance, misuse, unusual external conditions, non- adherence to Roxtec’s installation instructions or other incorrect installation and installation, alterations or reparations of the GoodsProducts carried out without Roxtec’s prior written consent. Modifications Roxtec is not responsible or repairs to liable for any Goods claims, causes of action of damages (other than by Roxtec)actual, indirect, or consequential) if the products are not used for their intended purpose, or parst used with any Goods shall void in an application the Warranty. Customer waives any rights Products are not made to make a Warranty claim of any kind, express or implied, where any Goods has been modified or alteredwork in. Roxtec shall in no event not be liable under this Section 8 Article 9 or otherwise if Customer or a customer of Customer has used or installed any parts in or in connection with the GoodsProducts, which are not Roxtec’s original parts. The Warranty shall not cover defects in design when the Goods Products have been manufactured by Roxtec according to Customer’s Customer´s own designs or following Customer’s Customer´s instructions regarding the design of the Goods. Decomposition or corrosion by chemical action or wear or damage caused by the presence of abrasive materials is not Products. 9.7 Roxtec’s Warranty and shall not be a product or manufacturing defect. Furthermore, the Warranty liability does not cover normal wear and tear. 8.4. Roxtec does not provide a warranty for 9.8 Subject only to Article 10 below, this Article 9 outlines Roxtec’s exclusive and total liability in respect of defective Products in relation to Customer and any product or part not manufactured by Roxtec or services provided by third parties. With respect to products, parts, and equipment not engineered or manufactured by Roxtec (whether or not supplied by Roxtec or affected by the Work), Roxtec waives and disclaims any and all liabilities and warranties whether express or implied. 8.5. With respect to any Work involving demonstrations or instructions and training of Customer or its personnel, Roxtec is not liable for (and Customer waives) any and all liabilities and warranties whether express or implied arising out of such instruction. The participants at any training provided by Roxtec are not evaluated by Roxtec and therefore Roxtec cannot assess the ability of the participant(s) to conduct Work, install, inspect or supervise Transits or any sealing solutions for cables and pipes. Therefore, Customer waives any liability against Roxtec and shall hold Roxtec harmless for any default, failure, damage (direct or indirect) or loss of whatever kind and type caused by an installation, inspection or supervision made by the participant(s) of the training services provided by Roxtec. 8.6. This Section 8 sets forth the exclusive remedies for claims based on defect, failure or nonconformity of the supplied Work. This exclusivity applies whether a claim is in contract, indemnity or tort (including negligence) or otherwise and however instituted and whether a defect arises before or during the warranty period. The Warranty set forth in Section 8.1 is exclusive and in lieu of all other warranties whether written, oral, implied or statutory. NO IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY TO THE WORK AND SUCH PROVISIONS ARE, TO THE EXTENT PERMITTED BY LAW, EXCLUDED.

Warranties and Liability. 8.1. Without prejudice to the provisions under paragraph 2.3 above, Roxtec warrants for a maximum of twelve (12) months from delivery to Customer ("Warranty Period")Customer, that all Goods are free from defects Defects in material, design and workmanship (“WarrantyWarranty(ies)”). Customer shall immediately report in writing to Roxtec any claimed defect upon discovering the same within the Warranty Period. After receiving notice from Customer and substantiation by Roxtec of the claim as being under within the Warranty, Roxtec shall, at its option: (i) repair the defective Goodsdefected Good, (ii) refund an equitable portion of the Order´s Order’s value, or (iii) furnish replacement Goods or parts, as necessary at the original shipping point. In no event will Roxtec at any time be responsible for disassembling, and/or reassembling, uninstalling and/or reinstalling any Goods. Any product that may prove Defective in regard to material or workmanship within said twelve (12) months period, shall be promptly repaired or replaced at Roxtec’s expense, and at the latter’s discretion. 8.2. The Warranty contained in Section 8 replaces all other warranties with respect to the Goods, whether express or implied, and specifically any warranties of merchantability and fitness for a particular purpose. 8.3. Without prejudice to the provisions under paragraph 2.3 above, Roxtec’s obligations for any Goods as set forth in Section under paragraph 8.1 above is are subject to Roxtec being notified in writing by Customer without undue delay and no later than within thirty (30) calendar days after a defect Defect is discovered or ought to have been discovered upon a careful inspection. Defective Goods, Any claim notified by Customer shall be deemed to have been withdrawn and waived by Customer unless legal proceedings in respect thereof have been initiated within three (3) months of the notification of such claim to Roxtec. The parts to be repaired and the Goods which have been replaced by Roxtec, shall be Roxtec’s property. Customer is obliged to shall carry out dismantling and re-re- installation of defective Defective Goods at its own risk and cost. 8.38.4. If Roxtec has not successfully remedied the Defect within a reasonable term, Customer may, by written notice, fix a final term for the fulfilment of Roxtec’s obligation. If Roxtec has not remedied the Defect within such final term, Customer is entitled to partially terminate the Agreement in respect of such Defective Goods and, as a result, return the latter and claim reimbursement of the relevant price already paid to Roxtec. 8.5. The Warranty of this Section 8 shall not cover, and Roxtec shall not be liable for defects in any Goods that are caused by or related to improper storage or transitstorage, faulty faulty, poor maintenance, misuse, unusual external conditions, non-adherence to Roxtec’s installation instructions or other incorrect installation and alterations or reparations of the GoodsGoods carried out without Roxtec’s prior written consent and Roxtec shall in no event be liable under this Section 8 or otherwise if Customer has used or installed any spare parts which are not Roxtec’s original parts. Modifications or repairs to any Goods (other than by Roxtec)Goods, or products product or parst part used with any Goods shall void the Warranty. Customer waives any rights to make a Warranty claim of any kind, express or implied, where any Goods a Good has been modified or altered. Roxtec shall in no event be liable under this Section 8 or otherwise if Customer or a customer of Customer has used or installed any parts in or in connection with the Goods, which are not Roxtec’s 's original parts. The Warranty shall not cover defects in design when the Goods have been manufactured by Roxtec according to Customer’s 's own designs or following Customer’s 's instructions regarding the design of the Goods. Decomposition or corrosion by chemical action or wear or damage caused by the presence of abrasive materials is not and shall not be a product or manufacturing defect. Furthermore, the Warranty Roxtec’s liability does not cover normal wear and tear. 8.48.6. Roxtec does not provide a warranty for any product or part not manufactured by Roxtec or services provided by third parties. With respect to products, parts, and equipment not engineered or manufactured by Roxtec (whether or not supplied by Roxtec or affected by the Work), Roxtec waives and disclaims any and all liabilities and warranties whether express or implied. 8.58.7. With respect to any Work involving demonstrations or instructions instruction and training of Customer or its personnel, Roxtec is not liable for (disclaims and Customer waives) waives any and all liabilities and warranties whether express or implied arising out of such instructionimplied. The participants at any training trainings provided by Roxtec are not evaluated by Roxtec and therefore Roxtec cannot assess the ability of the participant(s) to conduct Work, install, inspect or supervise Transits or any sealing solutions for cables and pipes. Therefore, Customer waives any liability against of Roxtec and shall hold Roxtec harmless for any default, failure, damage (direct or indirect) or loss of whatever kind and type caused by an installation, inspection or supervision made by the participant(s) of the training services provided by Roxtec. 8.68.8. This Section 8 sets forth the exclusive remedies for claims based on defect, failure or nonconformity of the supplied Work. This exclusivity applies whether a claim is in contract, indemnity or tort (including negligence) or otherwise and however instituted and whether a defect arises before or during the warranty period. The Warranty set forth in Section 8.1 is exclusive and in lieu of all other warranties whether written, oral, implied or statutory. NO IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY TO THE WORK AND SUCH PROVISIONS ARENo implied or statutory warranties or conditions of merchantability or fitness for particular purposes shall apply to the work. 8.9. Subject only to Section 9 below, TO THE EXTENT PERMITTED BY LAWRoxtec’s liability in respect of Defective Goods, EXCLUDEDboth vis à vis Customer and any third parties, is regulated exclusively by this Section 8.