Common use of Warranty and liability for defects Clause in Contracts

Warranty and liability for defects. Supplier warrants that the Services will be performed in accordance with the Agreement. In order to be binding, the Products’ and the Software’s functionality must be confirmed by Supplier in writing. Specifications in documents, brochures, project plans, Supplier’s web site, or otherwise do not constitute such confirmation. Customer shall report all defects in the Services to Supplier in a manner so that Supplier can track how and when the error occurred. Furthermore, Customer shall attach all information that is required for the rectification of the error. A report according to this Section 7 shall be made in writing, upon demand by Supplier. Non-substantial deviations from Supplier’s obligations or warranties or deviations which are not of significance to Customer shall not be deemed to constitute defects. Supplier is not liable for defects to the extent they are caused by Customer, its personnel, or the computer environment used by Customer, or a result of incorrect or altered conditions for the Services. Supplier is entitled to fulfil its obligations regarding defects by rectifying such defects. If Supplier fails to rectify a defect with the speed that is required by the circumstances, Customer may give Supplier a final and reasonable grace period for rectification. In the event Supplier is unable, or elects not to rectify a defect within the time period stipulated herein, Customer shall be entitled to reduce the fee or, if the error is of substantial nature, to declare each party’s respective obligations under the Agreement terminated without prior notice hereof, and Customer shall be entitled to a pro-rata refund of any pre-paid Services fees. However, Customer shall not be entitled to terminate the Agreement unless Supplier has received a written notice of a thirty (30) days grace period to rectify the defect. THESE REMEDIES CONSTITUTE CUSTOMER’S SOLE REMEDIES IN THE EVENT OF DEFECTS IN SERVICE PERFORMANCE BY SUPPLIER. SUPPLIER MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, THAN THOSE PROVIDED HEREIN. 8 Damages and limitation of liability. Supplier shall only be liable for direct damage to Customer caused by the negligence of Supplier or Supplier’s employees. Supplier’s liability for such direct damage shall be limited to a total amount not greater than the fixed yearly fee at the time the damage occurred. Supplier’s liability for personal injuries shall be limited to the limits of the Supplier’s business insurance policy in effect from time to time. Under no circumstances shall Supplier be liable to compensate Customer for any indirect damage including, but not limited to, loss of data, loss of profit, loss of revenues or expected savings, loss of production, third party losses or other indirect losses, regardless of its nature. Supplier shall bear the same liability for its sub-contractor’s conduct as it bears for its own conduct. Customer is obliged to attempt to limit any damages to a reasonable extent. If Customer fails to do so, Supplier’s liability shall not include liability for damage attributable to such failure. In order to be valid, claims for compensation must be made within twelve (12) months after the circumstance giving rise to the claim became known to the Customer claiming compensation. IN NO EVENT SHALL SUPPLIER BE RESPONSIBLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES.

Warranty and liability for defects. Supplier warrants that the Services will be performed in accordance with the Agreement. In order to be binding, the Products’ and the Software’s functionality must be confirmed by Supplier in writing. Specifications in documents, brochures, project plans, Supplier’s web site, or otherwise do not constitute such confirmation. Customer shall report all defects in the Services to Supplier in a manner so that Supplier can track how and when the error occurred. Furthermore, Customer shall attach all information that is required for the rectification of the error. A report according to this Section 7 shall be made in writing, upon demand by Supplier. Non-substantial deviations from Supplier’s obligations or warranties or deviations which are not of significance to Customer shall not be deemed to constitute defects. Supplier is not liable for defects to the extent they are caused by Customer, its personnel, or the computer environment used by Customer, or a result of incorrect or altered conditions for the Services. Supplier is entitled to fulfil its obligations regarding defects by rectifying such defects. If Supplier fails to rectify a defect with the speed that is required by the circumstances, Customer may give Supplier a final and reasonable grace period for rectification. In the event Supplier is unable, or elects not to rectify a defect within the time period stipulated herein, Customer shall be entitled to reduce the fee or, if the error is of substantial nature, to declare each party’s respective obligations under the Agreement terminated without prior notice hereof, and Customer shall be entitled to a pro-rata refund of any pre-paid Services fees. However, Customer shall not be entitled to terminate the Agreement unless Supplier has received a written notice of a thirty (30) days grace period to rectify the defect. THESE REMEDIES CONSTITUTE CUSTOMER’S SOLE REMEDIES IN THE EVENT OF DEFECTS IN SERVICE PERFORMANCE BY SUPPLIER. SUPPLIER MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, THAN THOSE PROVIDED HEREIN. 8 Damages and limitation of liability. Supplier shall only be liable for direct damage to Customer caused by the negligence of Supplier or Supplier’s employees. Supplier’s liability for such direct damage shall be limited to a total amount not greater than the fixed yearly fee at the time the damage occurred. Supplier’s liability for personal injuries shall be limited to the limits of the Supplier’s business insurance policy in effect from time to time. Under no circumstances shall Supplier be liable to compensate Customer for any indirect damage including, but not limited to, loss of data, loss of profit, loss of revenues or expected savings, loss of production, third party losses or other indirect losses, regardless of its nature. Supplier shall bear the same liability for its sub-contractor’s conduct as it bears for its own conduct. Customer is obliged to attempt to limit any damages to a reasonable extent. If Customer fails to do so, Supplier’s liability shall not include liability for damage attributable to such failure. In order to be valid, claims for compensation must be made within twelve (12) months after the circumstance giving rise to the claim became known to the Customer claiming compensation. IN NO EVENT SHALL SUPPLIER BE RESPONSIBLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES.twelve

Warranty and liability for defects. Supplier warrants Product Warranty SAFIBRA shall only provide a guarantee to the Customer to whom it has directly sold the Products and with whom SAFIBRA has agreed for this purpose that all such Products, other than Software and Services manufactured and provided by SAFIBRA, are free from defects in materials and workmanship for a period of one (1) year from the Services will be performed date of shipment unless expressly stated otherwise in accordance this Agreement. SAFIBRA does not accept liability under any circumstances for damages caused by the third parties or due to non-compliance with the Agreementrecommended use of the Products. In order SAFIBRA also does not accept liability for damage to the Products caused by improper use by the Customer. The Customer is responsible for the integration and parameterization of SAFIBRA’s Products. SAFIBRA always supplies the Customer instruction manuals with the Products and also draws up a handover protocol for the Customer. The Customer is thus always thoroughly acquainted with how to handle the Products and how to use them correctly. The Warranty provided by SAFIBRA therefore definitely does not apply to defects caused (fully or partially) by use contrary to the recommendations in the appropriate user manuals, normal wear and tear, non-compliance with regulations, incorrect assembly and/or installation, use of other than recommended parts, repairs or other work by the third parties or the Customer without the prior written consent from SAFIBRA. SAFIBRA will repair Products returned under the SAFIBRA’s Warranty or, at its sole discretion, SAFIBRA will provide the Customer with replacement Products for those Products manufactured by SAFIBRA which, after an inspection by SAFIBRA and/or in the sole opinion of SAFIBRA, are deemed to be bindingdefective due to the workmanship or materials and which in fact do not work within the Product specifications. All repaired Products, or Products replaced under warranty, are warranted only for the Products’ and remaining period of the Software’s functionality must be confirmed by Supplier original warranty (from the date of shipment of the Product to the Customer). The Warranty does not apply to any Products or parts thereof that have been accidentally damaged, disassembled, modified, misused, used in writing. Specifications in documentscircumstances that exceed their specifications or ratings, brochuresneglected, project plans, Supplier’s web siteincorrectly installed, or otherwise do misused. Some Products or parts thereof require special care and gentle handling. The Warranty also does not constitute such confirmation. Customer shall report all defects apply to cases where damage to the Products was caused by non-compliance with the information and measures contained in the Services instruction manuals or connecting Products to Supplier in a manner so that Supplier can track how and when parts or accessories from manufacturers other than SAFIBRA. The Warranty is also void if the error occurredwarranty labels have been damaged or removed. Furthermore, Customer shall attach all information that is required All Products marked as prototypes or Products intended for the rectification of the error. A report according to this Section 7 shall be made in writing, upon demand by Supplier. Non-substantial deviations from Supplier’s obligations or warranties or deviations which field trials are not of significance covered by Warranty unless explicitly stated otherwise. The Customer is obliged to Customer shall not be deemed to constitute defects. Supplier is not liable for defects to the extent they are caused by Customer, its personnel, or the computer environment used by Customer, or a result of incorrect or altered conditions for the Services. Supplier is entitled to fulfil its obligations regarding defects by rectifying such defects. If Supplier fails to rectify a defect with the speed that is required by the circumstances, Customer may give Supplier a final and reasonable grace period for rectification. In the event Supplier is unable, or elects not to rectify a defect within the time period stipulated herein, Customer shall be entitled to reduce the fee or, if the error is of substantial nature, to declare each party’s respective obligations submit any claims under the Agreement terminated without prior notice hereof, Warranty in writing and Customer shall be entitled to a pro-rata refund of any pre-paid Services fees. However, Customer shall not be entitled to terminate the Agreement unless Supplier has received a written notice of a no later than thirty (30) days grace period to rectify from the discovery of the defect. THESE REMEDIES CONSTITUTE CUSTOMER’S SOLE REMEDIES IN THE EVENT OF DEFECTS IN SERVICE PERFORMANCE BY SUPPLIER. SUPPLIER MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, THAN THOSE PROVIDED HEREIN. 8 Damages and limitation of liability. Supplier shall only All claims under this Warranty must be liable for direct damage to Customer caused made by the negligence Customer, claims from third parties will not be accepted. SAFIBRA will not assume responsibility for warranty claims notified to SAFIBRA more than thirty (30) days after the defect discovery. During the sales negotiations, SAFIBRA may provide the Customer with a guarantee in writing of Supplier subsequent spare parts or Supplierassemblies deliveries that are not subject to SAFIBRA’s employees. Supplierdefects liability, for a period of (5) years from the date of delivery of the Products at the SAFIBRA’s liability for such direct damage shall be limited to a total amount not greater than the fixed yearly fee list prices that is current at the time of their deliveries. Software Warranty For software developed by SAFIBRA that is part of any Product, and all related documentation, SAFIBRA does not transfer ownership of the damage occurred. Supplier’s liability for personal injuries shall be Software (SAFIBRA remains the sole owner of the Software), but only grants the Customer a perpetual, non- exclusive Software license that is limited to its use for the limits operation of one Product only. Such license is transferable only with the transfer of ownership of the Supplier’s business insurance policy Product of which the Software is a part of. Customer may make backup copies of the Software in effect from time to time. Under no circumstances shall Supplier be liable to compensate Customer for any indirect damage includingthe manner permitted by law, but not limited toin no event, loss of data, loss of profit, loss of revenues or expected savings, loss of production, third party losses or other indirect losses, regardless of its nature. Supplier shall bear the same liability for its sub-contractor’s conduct as it bears for its own conduct. Customer is obliged to attempt to limit any damages to a reasonable extent. If Customer fails to do so, Supplier’s liability shall not include liability for damage attributable to such failure. In order to be valid, claims for compensation must be made within twelve (12) months after the circumstance giving rise to the claim became known to the Customer claiming compensation. IN NO EVENT SHALL SUPPLIER BE RESPONSIBLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES.shall:

Warranty and liability for defects. Supplier warrants that the Services will be performed in accordance with the AgreementThe statutory warranty regulations and warranty period shall apply vis-à-vis consumers. In order to be bindingall other respects, the Products’ following conditions shall apply: The supplier guarantees that all parts or services which during the statutory or agreed warranty period become unusable or considerably impaired in their usability as a result of circumstances occurring prior to the passing of risk or attributable to the supplier, shall at his choice either be repaired, resupplied or carried out again free of charge. Claims for defects shall be subject to the fulfillment of the obligation to inspect the goods and the Software’s functionality to give notice of defects according to § 377 HGB (German Commercial Code). The supplier must be confirmed by Supplier in writinggiven written notification of such defects without delay. Specifications in documentsAn opportunity to review the defective goods must be conceded to the supplier. The obligation to give notice of defects does not apply to consumers. The party ordering must give the supplier adequate time and opportunity to carry out such repair, brochures, project plans, Supplier’s web sitedelivery or service. If the supplier allows an appropriate period of time granted for this purpose to elapse without correcting the defects, or otherwise if he refuses to do not constitute such confirmationso without justification, the party ordering has the right either to withdraw from the contract or to reduce the agreed remunera- tion sum, as he chooses. Customer shall report all defects in the Services to Supplier in a manner so that Supplier can track how and when the error occurred. Furthermore, Customer shall attach all information that is required for the rectification of the error. A report according to this Section 7 shall be made in writing, upon demand by Supplier. Non-substantial deviations from Supplier’s obligations or warranties or deviations which are not of significance to Customer shall not be deemed to constitute defects. Supplier is not liable for defects to the extent they are Defects caused by Customer, its personnel, or natural wear and tear and damage occurring after the computer environment used by Customer, or passing of risk as a result of incorrect or altered conditions negligent handling, excessive stress or unsuitable operating materials are excluded from the warranty and liability terms. Any damage caused by alteration or maintenance work performed by the party ordering or an unauthorized third party is not covered by the warranty. The limitation period for claims for defects against entrepreneurs shall be 12 months from delivery. This shortening of the Serviceslimitation period shall not apply to damages resulting from injury to life, body or health which are based on a negligent breach of duty by the Supplier or on an intentional or negligent breach of duty by a legal representative or vicarious agent of the Supplier. Further- more, it does not apply to damages based on a grossly negligent breach of duty by the Supplier is entitled or a grossly negligent breach of duty by a legal representative or vicarious agent of the Supplier. No other claims may be asserted by the party ordering against the supplier and his vicarious agents, in particular as regards compensation for damage not incurred on the delivered item itself. The above listed restrictions to fulfil its obligations regarding defects by rectifying such defectsliability do not apply in the event of intent, gross negligence or the absence of warranted properties as well as in cases of injury to life, body or health. If Supplier fails the supplier negligently infringes an obligation essential to rectify a defect with the speed that is required by the circumstancescontract, Customer may give Supplier a final his obligation to compensate for personal injury and reasonable grace period for rectification. In the event Supplier is unable, or elects not to rectify a defect within the time period stipulated herein, Customer shall be entitled to reduce the fee or, if the error is of substantial nature, to declare each party’s respective obligations under the Agreement terminated without prior notice hereof, and Customer shall be entitled to a pro-rata refund of any pre-paid Services fees. However, Customer shall not be entitled to terminate the Agreement unless Supplier has received a written notice of a thirty (30) days grace period to rectify the defect. THESE REMEDIES CONSTITUTE CUSTOMER’S SOLE REMEDIES IN THE EVENT OF DEFECTS IN SERVICE PERFORMANCE BY SUPPLIER. SUPPLIER MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, THAN THOSE PROVIDED HEREIN. 8 Damages and limitation of liability. Supplier shall only be liable for direct damage to Customer caused by the negligence of Supplier or Supplier’s employees. Supplier’s liability for such direct damage shall be limited to a total amount not greater than the fixed yearly fee at the time the damage occurred. Supplier’s liability for personal injuries property shall be limited to the limits sum covered by the supplier’s liability insurance. The supplier is willing on request to inform the party ordering of the Supplier’s business insurance policy sum covered. None of the limitations and exclusions of the rights of the purchaser contained in effect from time to time. Under no circumstances paragraphs 8 and 9 shall Supplier be liable to compensate Customer for any indirect damage including, but not limited to, loss of data, loss of profit, loss of revenues or expected savings, loss of production, third party losses or other indirect losses, regardless of its nature. Supplier shall bear the same liability for its sub-contractor’s conduct as it bears for its own conduct. Customer is obliged to attempt to limit any damages to a reasonable extent. If Customer fails to do so, Supplier’s liability shall not include liability for damage attributable to such failure. In order to be valid, claims for compensation must be made within twelve (12) months after the circumstance giving rise apply to the claim became known rights of the purchaser contained in sect. 439 (3) German Civil Code (xxxx- bursement of cost of labor and materials necessary for replacement) nor to purchaser´s recourse to the Customer claiming compensationseller in cases of resale of the goods (sect. IN NO EVENT SHALL SUPPLIER BE RESPONSIBLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES445a German Civil Code).