Common use of Warranty and Liability Clause in Contracts

Warranty and Liability. 8.1 The limited warranty period is 24 months from date of delivery. The limited warranty applies exclusively to the hardware and software version delivered by meteocontrol at the time of delivery. Defects that are due to subsequent interference by the customer or defects that are caused by the customer's operating system or third-party products are not covered by the limited warranty. Only those defects which can be can be proven to be caused by or due to meteocontrol’s products and/or software and where the deviations from the specifications are reproducible are covered. Where a defect does not occur in the software version most recently provided to the customer and where usage of such (via an upgrade or patch, etc.) is reasonable for the customer, it is not considered a defect. 8.2 Customer shall accept a tender of the goods by meteocontrol which substantially conforms to the description of the goods. Customer shall be deemed to have accepted a product and customer’s right to cancel, reject or claim any damages for breach of warranty or breach of meteocontrol’s obligation under this contract shall cease, unless customer gives seller notice in writing of seller’s breach: 8.2.1 In the case of defects discoverable through inspection, including incorrect deliveries and missing items, immediately in writing following the discovery; 8.2.2 In the case of defects not discoverable through inspection, immediately after discovery. The customer bears the burden of proof regarding observability of any defects. 8.2.3 In the case of non-conforming goods, customer shall immediately notify meteocontrol whether or not customer will continue to accept similarly non-conforming goods and acceptance of any non-conforming goods shall constitute a waiver by customer of specification requirements for said goods. Customer’s acceptance of goods tendered under this contract shall be final and irrevocable. 8.2.4 Notices of defects to meteocontrol must take place via registered letter, fax transmission or via email and shall provide specific details of the defects, error codes, etc. so that meteocontrol may conduct its investigation. 8.2.5 In case of a damaged or incomplete shipment, the customer must immediately register a complaint with the parcel service / forwarding agent upon receipt of the product. If the notice is given untimely or improperly the warranty does not apply. 8.3 meteocontrol is entitled to decide to remove defects at no cost to customer by either eliminating them or by delivery of replacement product(s). If said actions cure any defect, any additional claims by the customer are excluded. 8.4 Repaired or replaced parts do not initiate a new warranty period. 8.5 Customer is responsible for the maintenance, backup, and storage of Customer’s data. 8.6 Despite continual monitoring, due to new occurring computer viruses, no guarantee can be provided for products delivered. meteocontrol shall inspect the software and use its best efforts to monitor and ensure the software remains free from viruses using standard security programs. However, customer agrees that it will also monitor the software and notify meteocontrol of any viruses which may go undetected otherwise. 8.7 meteocontrol guarantees that contractual usage or application of products delivered will not be restricted or prohibited by third-party property rights.

Warranty and Liability. 8.1 6.1. The limited Supplier warrants that the products are free from defects and from third-party rights during the warranty period. The Supplier shall be fully responsible that the product meets the subjective and high objective requirements as well as the assembly or integration requirements and that the ex- pected updates are provided. 6.2. The Supplier shall be liable to the Customer for material defects and defects of title of the products, including defective manuals and documentation, in accordance with the provisions of these GTCP and additionally in accordance with statutory provisions. 6.3. Beyond checking the quantity and type of the products delivered and carrying out an inspection for external defects or damage, the Customer shall not be obliged to carry out an immediate incoming goods inspection for any defects upon delivery of the products. The Customer shall notify defects within ten working days of their discovery. 6.4. The Customer has the right to demand supplementary performance from the Supplier within a rea- sonable period of time stipulated by the Customer and at the Supplier's expense in the form of subsequent delivery of goods free of defects or rectification of defects. Otherwise, according to statutory provisions, the Customer shall be entitled to reduce the purchase price or to withdraw from the contract and shall be entitled to claim damages and reimbursement of expenses. 6.5. Insofar as it cannot be expected from the Customer or the Supplier refuses to do so or does not comply with the supplementary performance in due time or is not in a position to do so, the Cus- tomer shall have the right of self-execution at the Supplier's expense. If immediate action is re- quired due to special urgency or to avoid disproportionately high damages, the Customer shall be entitled to do so even without prior notice or setting of a grace period. 6.6. If essentially similar products are delivered and if more than 3 % of the entire batch or delivery is defective, the Customer shall be entitled to reject and assert claims for defects for the entire batch or delivery without further notice. The Supplier waives the right to return the defective products in their entirety if they are no longer at the Customer's premises. 6.7. The warranty period is shall be 24 months from date the transfer of deliveryrisk or complete service provision at the place of performance unless deviating individual agreements have been made, or statutory provisions stipulate a longer period. 6.8. For products repaired or overhauled under warranty, the warranty period shall recommence upon complete fulfilment of the claims for supplementary performance. 6.9. The limited warranty applies exclusively statutory claims from the supplier recourse, in particular, according to Sections 327u, 445a para. 1 and 478 f BGB shall be available to the hardware and software version delivered by meteocontrol at Customer without restriction. 6.10. The limitation period for a defect shall be suspended from the time of deliveryits notification until the com- pletion of subsequent performance or acceptance. 6.11. Defects that are due to subsequent interference by If third parties assert a claim against the customer Customer in connection with defective products on the grounds of product liability or defects that are caused by other legal grounds, the customer's operating system or third-party products are not covered by Supplier shall indemnify the limited warranty. Only those defects which can be can be proven to be caused by or due to meteocontrol’s products and/or software and where Customer upon the deviations first request against any damage resulting from the specifications are reproducible are covered. Where a defect does not occur in the software version most recently provided to the customer and where usage of such (via an upgrade or patch, etc.) is reasonable for the customer, it is not considered a defectclaim. 8.2 Customer shall accept a tender 6.12. Even before third parties make claims on the grounds of product liability, the goods by meteocontrol which substantially conforms to the description of the goods. Customer shall be deemed entitled to have accepted a take all necessary steps at the Supplier's expense to prevent the occurrence and asser- tion of impending product liability claims that can be traced back to the supply of defective prod- ucts, of which they shall inform the Supplier immediately as far as possible and customer’s right reasonable. Any further legal claims remain unaffected. 6.13. The Supplier shall be obliged to cancel, reject or claim any maintain product liability insurance with adequate coverage for the designated destination countries and to provide evidence thereof upon request. 6.14. The Customer's liability for damages for breach of warranty or breach of meteocontrol’s obligation under this contract shall cease, unless customer gives seller notice in writing of seller’s breach: 8.2.1 In the case of unjustified requests to remedy defects discoverable through inspection, including incorrect deliveries and missing items, immediately in writing following the discovery; 8.2.2 In the case of defects not discoverable through inspection, immediately after discovery. The customer bears the burden of proof regarding observability of any defects. 8.2.3 In the case of non-conforming goods, customer shall immediately notify meteocontrol whether or not customer will continue to accept similarly non-conforming goods and acceptance of any non-conforming goods shall constitute a waiver by customer of specification requirements for said goods. Customer’s acceptance of goods tendered under this contract shall be final limited to intent and irrevocablegross negligence. 8.2.4 Notices of defects to meteocontrol must take place via registered letter, fax transmission or via email and shall provide specific details of the defects, error codes, etc. so that meteocontrol may conduct its investigation. 8.2.5 In case of a damaged or incomplete shipment, the customer must immediately register a complaint with the parcel service / forwarding agent upon receipt of the product. If the notice is given untimely or improperly the warranty does not apply. 8.3 meteocontrol is entitled to decide to remove defects at no cost to customer by either eliminating them or by delivery of replacement product(s). If said actions cure any defect, any additional claims by the customer are excluded. 8.4 Repaired or replaced parts do not initiate a new warranty period. 8.5 Customer is responsible for the maintenance, backup, and storage of Customer’s data. 8.6 Despite continual monitoring, due to new occurring computer viruses, no guarantee can be provided for products delivered. meteocontrol shall inspect the software and use its best efforts to monitor and ensure the software remains free from viruses using standard security programs. However, customer agrees that it will also monitor the software and notify meteocontrol of any viruses which may go undetected otherwise. 8.7 meteocontrol guarantees that contractual usage or application of products delivered will not be restricted or prohibited by third-party property rights.

Warranty and Liability. 8.1 12.1 INFASTAUB shall be liable for defective deliveries and assembly services under exclusion of further claims and in accordance with the following provisions. 12.2 The limited warranty period shall always be one year from delivery or, if a final inspection and approval is 24 months required, from the date of deliveryapproval. This shall generally exclude replacement and wear and tear parts (see Sections 12.4 – 12.8). 12.3 If the agreement constitutes a trading transaction for both parties, the Customer shall diligently check the objects of the agreement immediately upon receipt and notify INFASTAUB in writing immediately, but no later than five (5) working days upon receipt of the objects of the agreement by the Customer, of any physical defects, incorrect deliveries and deviating quantities. The limited warranty applies exclusively to the hardware and software version delivered by meteocontrol at the time of delivery. Defects that are due to subsequent interference by the customer or defects that are caused by the customer's operating system or third-party products are not covered by the limited warranty. Only those defects which can be can be proven to be caused by or due to meteocontrol’s products and/or software and where the deviations from the specifications are reproducible are covered. Where a defect does not occur in the software version most recently provided to the customer and where usage of such (via an upgrade or patch, etc.) is reasonable for the customer, it is not considered a defect. 8.2 Customer shall accept a tender objects of the goods by meteocontrol which substantially conforms to the description of the goods. Customer agreement shall be deemed to have accepted been approved by the Customer if INFASTAUB does not receive any complaint within seven (7) days of the date on which the defect was found. However, if the customer was able to recognise the defect at an earlier date during ordinary use, the date the defect first became apparent shall be deemed to be the start of the complaint period. If the customer fails to submit a product and customer’s right complaint about a defect, the object of the agreement shall be deemed to cancel, reject have been approved. Any delayed or improperly submitted complaints about defects shall result in the Customer losing its rights to claim any damages for breach of warranty or breach of meteocontrol’s obligation under this contract shall ceasewarranty, unless customer gives seller notice in writing INFASTAUB has fraudulently concealed the defect. 12.4 INFASTAUB shall, free of seller’s breach: 8.2.1 In charge and at its own discretion, subsequently repair or redeliver any part that becomes unusable or cannot be properly used within 12 months of single-shift operation from delivery, and from start-up if assembly was part of the case of defects discoverable through inspectionorder, including incorrect deliveries and missing itemsdue to an event prior to the risk transfer, immediately in writing following the discovery; 8.2.2 In the case of defects not discoverable through inspectionparticularly faulty construction, immediately after discoverypoor materials or deficient design. The customer bears warranty period is reduced accordingly for each shift during multiple-shift operation. Should the burden subsequent repairs or redelivery fail, i.e. if it is impossible, unreasonable, rejected or unreasonably delayed, INFASTAUB and the Customer may withdraw from the agreement or appropriately reduce the price for the object of proof regarding observability the agreement. Any subsequent repairs generally only become unreasonable after three failed attempts. Any parts replaced and removed from the system during subsequent repairs shall become the property of any defectsINFASTAUB. 8.2.3 In 12.5 If the case of non-conforming goods, customer shall immediately notify meteocontrol whether or not customer will continue to accept similarly non-conforming goods and acceptance of any non-conforming goods shall constitute a waiver by customer of specification requirements for said goods. Customer’s acceptance of goods tendered under this contract shall be final and irrevocable. 8.2.4 Notices of defects to meteocontrol must take place via registered letter, fax transmission or via email and shall provide specific details of the defects, error codes, etc. so that meteocontrol may conduct its investigation. 8.2.5 In case of a are damaged or incomplete shipmentduring transport, the customer must immediately register a complaint shall ensure that the facts are recorded with the parcel service / forwarding agent upon receipt responsible parties, particularly the carriers or haulers involved, immediately before accepting the delivery and notify INFASTAUB immediately about the type and extent of transport damage. 12.6 INFASTAUB shall provide warranty for a period of six months for any repairs, restoration, inspection and maintenance work not covered by the original warranty obligation with regard to the materials used and correct implementation of the product. If work, but not the notice is given untimely or improperly functioning of the warranty does not applyentire system. 8.3 meteocontrol is entitled to decide to remove defects at no cost to customer by either eliminating them or by delivery of replacement product(s). If said actions cure any defect, any additional claims by the customer are excluded. 8.4 Repaired 12.7 Parts subsequently repaired or replaced parts do not initiate within the original warranty obligation shall be subject to a new warranty period of six months, but at least until the expiry of the original warranty period. 8.5 12.8 The same shall apply to the functioning of the system and compliance with the emissions/immissions and other technical values specified in the order confirmation. 12.9 INFASTAUB shall not provide any guarantee for defects linked to the following causes: 12.9.1 The Customer explicitly requests a different or modified design to the system design planned by INFASTAUB or the Customer is responsible provided with incorrect and incomplete specifications relating to the project, system or device design, such as maximum crude gas dust concentration, dust particle distribution, behaviour and consistency, etc. 12.9.2 The Customer's specifications regarding the applicable noise emission and immission values, including location and distance from the noise sources to the affected areas, are inappropriate, incorrect or incomplete. Additional noise reduction measures specifically required by the Customer and related measures are chargeable. 12.9.3 The quality of the air supply does not meet the standard specified for the maintenance, backup, and storage maximum allowable concentration (MAC) in the German Ordinance on Hazardous Substances (Gefahrstoffverordnung – GefStoffV). The compliance of Customer’s datathe air supply with the maximum allowable concentration (MAC) otherwise requires an explicit agreement between the parties. 8.6 Despite continual monitoring12.9.4 The Customer assembles the system itself without consulting INFASTAUB about adjustment and start- up, including the required measurements. This shall not apply if the defect is linked to and/or originates from the object of the agreement supplied by INFASTAUB. 12.9.5 The Customer or a third party incorrectly modifies or adds to the system without prior arrangement with and approval from INFASTAUB if the defect can be traced back to the modifications performed by the Customer or a party engaged by the Customer. In any case, the Customer shall carry the additional costs incurred due to new occurring computer viruses, no guarantee can the rectification of the defect. 12.9.6 Warranty shall not be provided for products deliveredfunctions of the extraction and dust separation system directly related to any electrical switching and control systems provided and installed by the Customer or only installed by the Customer. meteocontrol The standard warranty may remain valid if INFASTAUB is engaged at an early stage, in return for compensation of costs, to check the entire electrical system on site and be present at start-up as well as inspection and approval. 12.9.7 The maintenance and operating instructions as well as function specifications have not been adhered to correctly. 12.9.8 Defects are caused by deficient on-site services, such as unsafe scaffolding or defective means of transport, lifting gear, etc. 12.9.9 The standard daily and monthly operational checks have not been performed properly. 12.9.10 The object of the agreement and/or the system supplied and/or assembled by INFASTAUB has been overloaded, used improperly and operated not in accordance with instructions. 12.9.11 Systems that have been bought second-hand. 12.9.12 Parts subject to natural wear and tear and/or corrosion. INFASTAUB's order confirmations may specify additional restrictions. 12.10 For orders placed with INFASTAUB on account of a third-party specification of service, INFASTAUB shall inspect only provide warranty for the software and use performance of its best efforts to monitor and ensure own devices in accordance with the software remains free from viruses using standard security programsstated values. However, customer agrees that it will also monitor INFASTAUB shall not assume any liability for the software design and notify meteocontrol arrangement, and therefore the overall functioning, of any viruses a system for which may go undetected otherwise. 8.7 meteocontrol guarantees that contractual usage or application the object of products delivered will not the agreement has been supplied. The project would have to be restricted or prohibited by reviewed should the Customer require warranty for the functioning of the system within the scope of an order placed on account of a third-party property rightsspecification of service. Should the contracting parties fail to come to an agreement with regard to potentially resulting technical and price changes, the parties may withdraw from the agreement. Such withdrawal shall exclude both parties' right to claim any form of compensation. INFASTAUB may continue to demand compensation for any additional costs incurred up to the date of withdrawal. 12.11 The Customer may only rectify the defect itself or engage third parties to do so and claim reasonable compensation for its costs in urgent cases, of which INFASTAUB shall be notified in advance, or if INFASTAUB delays repairs. The Customer shall only be entitled to perform repairs itself if INFASTAUB's service obligations include the assembly of the object of the agreement and the customer has previously provided INFASTAUB with an adequate period of grace to carry out subsequent repairs. This shall not apply if the subsequent repairs have failed or are unreasonable for the Customer. 12.12 If the Customer submits a complaint about a defect, it may only retain the remaining payment to an extent that is in proportion to the defect.

Warranty and Liability. 8.1 12.1 INFASTAUB shall be liable for defective deliveries and assembly services under exclusion of further claims and in accordance with the following provisions. 12.2 The limited warranty period shall always be one year from delivery or, if a final inspection and approval is 24 months required, from the date of deliveryapproval. This shall generally exclude replacement and wear and tear parts (see Sections 12.4 – 12.8). 12.3 If the agreement constitutes a trading transaction for both parties, the Customer shall diligently check the objects of the agreement immediately upon receipt and notify INFASTAUB in writing immediately, but no later than five (5) working days upon receipt of the objects of the agreement by the Customer, of any physical defects, incorrect deliveries and deviating quantities. The limited warranty applies exclusively to the hardware and software version delivered by meteocontrol at the time of delivery. Defects that are due to subsequent interference by the customer or defects that are caused by the customer's operating system or third-party products are not covered by the limited warranty. Only those defects which can be can be proven to be caused by or due to meteocontrol’s products and/or software and where the deviations from the specifications are reproducible are covered. Where a defect does not occur in the software version most recently provided to the customer and where usage of such (via an upgrade or patch, etc.) is reasonable for the customer, it is not considered a defect. 8.2 Customer shall accept a tender objects of the goods by meteocontrol which substantially conforms to the description of the goods. Customer agreement shall be deemed to have accepted been approved by the Customer if INFASTAUB does not receive any complaint within seven (7) days of the date on which the defect was found. However, if the customer was able to recognise the defect at an earlier date during ordinary use, the date the defect first became apparent shall be deemed to be the start of the complaint period. If the customer fails to submit a product and customer’s right complaint about a defect, the object of the agreement shall be deemed to cancel, reject have been approved. Any delayed or improperly submitted complaints about defects shall result in the Customer losing its rights to claim any damages for breach of warranty or breach of meteocontrol’s obligation under this contract shall ceasewarranty, unless customer gives seller notice in writing INFASTAUB has fraudulently concealed the defect. 12.4 INFASTAUB shall, free of seller’s breach: 8.2.1 In charge and at its own discretion, subsequently repair or redeliver any part that becomes unusable or cannot be properly used within 12 months of single-shift operation from delivery, and from start-up if assembly was part of the case of defects discoverable through inspectionorder, including incorrect deliveries and missing itemsdue to an event prior to the risk transfer, immediately in writing following the discovery; 8.2.2 In the case of defects not discoverable through inspectionparticularly faulty construction, immediately after discoverypoor materials or deficient design. The customer bears warranty period is reduced accordingly for each shift during multiple- shift operation. Should the burden subsequent repairs or redelivery fail, i.e. if it is impossible, unreasonable, rejected or unreasonably delayed, INFASTAUB and the Customer may withdraw from the agreement or appropriately reduce the price for the object of proof regarding observability the agreement. Any subsequent repairs generally only become unreasonable after three failed attempts. Any parts replaced and removed from the system during subsequent repairs shall become the property of any defectsINFASTAUB. 8.2.3 In 12.5 If the case of non-conforming goods, customer shall immediately notify meteocontrol whether or not customer will continue to accept similarly non-conforming goods and acceptance of any non-conforming goods shall constitute a waiver by customer of specification requirements for said goods. Customer’s acceptance of goods tendered under this contract shall be final and irrevocable. 8.2.4 Notices of defects to meteocontrol must take place via registered letter, fax transmission or via email and shall provide specific details of the defects, error codes, etc. so that meteocontrol may conduct its investigation. 8.2.5 In case of a are damaged or incomplete shipmentduring transport, the customer must immediately register a complaint shall ensure that the facts are recorded with the parcel service / forwarding agent upon receipt responsible parties, particularly the carriers or haulers involved, immediately before accepting the delivery and notify INFASTAUB immediately about the type and extent of transport damage. 12.6 INFASTAUB shall provide warranty for a period of six months for any repairs, restoration, inspection and maintenance work not covered by the original warranty obligation with regard to the materials used and correct implementation of the product. If work, but not the notice is given untimely or improperly functioning of the warranty does not applyentire system. 8.3 meteocontrol is entitled to decide to remove defects at no cost to customer by either eliminating them or by delivery of replacement product(s). If said actions cure any defect, any additional claims by the customer are excluded. 8.4 Repaired 12.7 Parts subsequently repaired or replaced parts do not initiate within the original warranty obligation shall be subject to a new warranty period of six months, but at least until the expiry of the original warranty period. 8.5 12.8 The same shall apply to the functioning of the system and compliance with the emissions/immissions and other technical values specified in the order confirmation. 12.9 INFASTAUB shall not provide any guarantee for defects linked to the following causes: 12.9.1 The Customer explicitly requests a different or modified design to the system design planned by INFASTAUB or the Customer is responsible provided with incorrect and incomplete specifications relating to the project, system or device design, such as maximum crude gas dust concentration, dust particle distribution, behaviour and consistency, etc. 12.9.2 The Customer's specifications regarding the applicable noise emission and immission values, including location and distance from the noise sources to the affected areas, are inappropriate, incorrect or incomplete. Additional noise reduction measures specifically required by the Customer and related measures are chargeable. 12.9.3 The quality of the air supply does not meet the standard specified for the maintenance, backup, and storage maximum allowable concentration (MAC) in the German Ordinance on Hazardous Substances (Gefahrstoffverordnung – GefStoffV). The compliance of Customer’s datathe air supply with the maximum allowable concentration (MAC) otherwise requires an explicit agreement between the parties. 8.6 Despite continual monitoring12.9.4 The Customer assembles the system itself without consulting INFASTAUB about adjustment and start-up, including the required measurements. This shall not apply if the defect is linked to and/or originates from the object of the agreement supplied by INFASTAUB. 12.9.5 The Customer or a third party incorrectly modifies or adds to the system without prior arrangement with and approval from INFASTAUB if the defect can be traced back to the modifications performed by the Customer or a party engaged by the Customer. In any case, the Customer shall carry the additional costs incurred due to new occurring computer viruses, no guarantee can the rectification of the defect. 12.9.6 Warranty shall not be provided for products deliveredfunctions of the extraction and dust separation system directly related to any electrical switching and control systems provided and installed by the Customer or only installed by the Customer. meteocontrol The standard warranty may remain valid if INFASTAUB is engaged at an early stage, in return for compensation of costs, to check the entire electrical system on site and be present at start-up as well as inspection and approval. 12.9.7 The maintenance and operating instructions as well as function specifications have not been adhered to correctly. 12.9.8 Defects are caused by deficient on-site services, such as unsafe scaffolding or defective means of transport, lifting gear, etc. 12.9.9 The standard daily and monthly operational checks have not been performed properly. 12.9.10 The object of the agreement and/or the system supplied and/or assembled by INFASTAUB has been overloaded, used improperly and operated not in accordance with instructions. 12.9.11 Systems that have been bought second-hand. 12.9.12 Parts subject to natural wear and tear and/or corrosion. INFASTAUB's order confirmations may specify additional restrictions. 12.10 For orders placed with INFASTAUB on account of a third-party specification of service, INFASTAUB shall inspect only provide warranty for the software and use performance of its best efforts to monitor and ensure own devices in accordance with the software remains free from viruses using standard security programsstated values. However, customer agrees that it will also monitor INFASTAUB shall not assume any liability for the software design and notify meteocontrol arrangement, and therefore the overall functioning, of any viruses a system for which may go undetected otherwise. 8.7 meteocontrol guarantees that contractual usage or application the object of products delivered will not the agreement has been supplied. The project would have to be restricted or prohibited by reviewed should the Customer require warranty for the functioning of the system within the scope of an order placed on account of a third-party property rightsspecification of service. Should the contracting parties fail to come to an agreement with regard to potentially resulting technical and price changes, the parties may withdraw from the agreement. Such withdrawal shall exclude both parties' right to claim any form of compensation. INFASTAUB may continue to demand compensation for any additional costs incurred up to the date of withdrawal. 12.11 The Customer may only rectify the defect itself or engage third parties to do so and claim reasonable compensation for its costs in urgent cases, of which INFASTAUB shall be notified in advance, or if INFASTAUB delays repairs. The Customer shall only be entitled to perform repairs itself if INFASTAUB's service obligations include the assembly of the object of the agreement and the customer has previously provided INFASTAUB with an adequate period of grace to carry out subsequent repairs. This shall not apply if the subsequent repairs have failed or are unreasonable for the Customer. 12.12 If the Customer submits a complaint about a defect, it may only retain the remaining payment to an extent that is in proportion to the defect.

Warranty and Liability. 8.1 The limited warranty period is 24 months from date of delivery1. The limited warranty applies exclusively Customer's rights in the event of material or legal defects shall be subject to the hardware and software version delivered by meteocontrol at statutory provisions, unless agreed otherwise below. The specific statutory provisions regarding the time of delivery. Defects that are due to subsequent interference by the customer or defects that are caused by the customer's operating system or third-party products are not covered by the limited warranty. Only those defects which can be can be proven to be caused by or due to meteocontrol’s products and/or software and where the deviations from the specifications are reproducible are covered. Where a defect does not occur in the software version most recently provided to the customer and where usage of such (via an upgrade or patch, etc.) is reasonable for the customer, it is not considered a defect. 8.2 Customer shall accept a tender final delivery of the goods by meteocontrol which substantially conforms to a consumer (recourse against the description supplier pursuant to Secs. 478, 479 BGB) shall remain unaffected in any case. 2. Our liability for defects shall primarily be based upon the agreement made regarding the quality of the goods. The product descriptions (also of the manufacturer) designated as such provided to the Customer prior to his order or made a part of the contract in the same way as these Terms and Conditions shall be deemed considered as the agreement regarding the quality of the goods. Claims for product defects in relation to have accepted a product and customer’s right damage to cancel, reject the purchased items shall be excluded if the damage was caused by improper actions or claim any damages actions otherwise contrary to the contract of the Customer or individuals who can be attributed to his sphere. This shall particularly apply if the Customer has not considered the manufacturer's instructions for breach of warranty or breach of meteocontrol’s obligation under this contract shall cease, unless customer gives seller notice in writing of seller’s breach: 8.2.1 In the case of defects discoverable through inspection, including incorrect deliveries and missing items, immediately in writing following the discovery; 8.2.2 In the case of defects not discoverable through inspection, immediately after discovery. The customer bears the burden of proof regarding observability of any defectsuse. 8.2.3 In the case of non-conforming goods, customer shall immediately notify meteocontrol whether or not customer will continue to accept similarly non-conforming goods and acceptance of any non-conforming goods shall constitute a waiver by customer of specification requirements for said goods. Customer’s acceptance of goods tendered under this contract shall be final and irrevocable. 8.2.4 Notices of defects to meteocontrol must take place via registered letter, fax transmission or via email and shall provide specific details of the defects, error codes, etc. so that meteocontrol may conduct its investigation. 8.2.5 In case of a damaged or incomplete shipment, the customer must immediately register a complaint with the parcel service / forwarding agent upon receipt of the product3. If the notice Customer is given untimely a business customer, the choice of the type of subsequent performance shall be at Xxxxxxx'x own discretion. In addition, the statutory provisions shall apply, unless stipulated otherwise in this item IX. Claims of the Customer for the expenses required for the purposes of subsequent performance, in particular, costs of transport, travel, work and material shall be excluded if the expenses increase due to the subsequent transport of the purchased item to a place other than the Customer's place of business. 4. In case Xxxxxxx replaces delivery items or improperly parts thereof as part of the warranty for defects, the Customer shall surrender and assign the replaced items or parts thereof to Xxxxxxx. 5. If an inspection of the product in question shows that the defect or damage asserted by the Customer does not apply. 8.3 meteocontrol exist and that the product is in fact free of defects, Xxxxxxx is entitled to decide charge the Customer a standard fee of EUR 30.00 plus VAT for the inspection. The Customer is entitled to remove defects at no cost prove that the actual costs of the inspection were lower and we are entitled to customer by either eliminating them or by delivery of replacement product(s)prove that such costs were higher. 6. If said actions cure any defect, Xxxxxxx does not provide any additional claims by guarantees, unless this has been expressly agreed upon in the customer are excluded. 8.4 Repaired or replaced parts do not initiate a new warranty period. 8.5 Customer is responsible order confirmation for the maintenance, backup, and storage of Customer’s datarespective goods. 8.6 Despite continual monitoring, due to new occurring computer viruses, no guarantee can be provided for products delivered. meteocontrol shall inspect the software and use its best efforts to monitor and ensure the software remains free from viruses using standard security programs. However, customer agrees that it will also monitor the software and notify meteocontrol of any viruses which may go undetected otherwise. 8.7 meteocontrol guarantees that contractual usage or application of products delivered will not be restricted or prohibited by third-party property rights.

Warranty and Liability. 8.1 6.1. The limited Supplier warrants that the products are free from defects and from third-party rights during the warranty period. The Supplier shall be fully responsible that the product meets the subjective and high objective requirements as well as the assembly or integration requirements and that the expected updates are provided. 6.2. The Supplier shall be liable to the Customer for material defects and defects of title of the products, including defective manuals and documentation, in accordance with the provisions of these GTCP and additionally in accordance with statutory provisions. 6.3. Beyond checking the quantity and type of the products delivered and carrying out an inspection for external defects or damage, the Customer shall not be obliged to carry out an immediate incoming goods inspection for any defects upon delivery of the products. The Customer shall notify defects within ten working days of their discovery. 6.4. The Customer has the right to demand supplementary performance from the Supplier within a reasonable period of time stipulated by the Customer and at the Supplier's expense in the form of subsequent delivery of goods free of defects or rectification of defects. Otherwise, according to statutory provisions, the Customer shall be entitled to reduce the purchase price or to withdraw from the contract and shall be entitled to claim damages and reimbursement of expenses. 6.5. Insofar as it cannot be expected from the Customer or the Supplier refuses to do so or does not comply with the supplementary performance in due time or is not in a position to do so, the Customer shall have the right of self-execution at the Supplier's expense. If immediate action is required due to special urgency or to avoid disproportionately high damages, the Customer shall be entitled to do so even without prior notice or setting of a grace period. 6.6. If essentially similar products are delivered and if more than 3 % of the entire batch or delivery is defective, the Customer shall be entitled to reject and assert claims for defects for the entire batch or delivery without further notice. The Supplier waives the right to return the defective products in their entirety if they are no longer at the Customer's premises. 6.7. The warranty period is shall be 24 months from date the transfer of deliveryrisk or complete service provision at the place of performance unless deviating individual agreements have been made, or statutory provisions stipulate a longer period. 6.8. For products repaired or overhauled under warranty, the warranty period shall recommence upon complete fulfilment of the claims for supplementary performance. 6.9. The limited warranty applies exclusively statutory claims from the supplier recourse, in particular, according to Sections 327u, 445a para. 1 and 478 f BGB shall be available to the hardware and software version delivered by meteocontrol at Customer without restriction. 6.10. The limitation period for a defect shall be suspended from the time of deliveryits notification until the completion of subsequent performance or acceptance. 6.11. Defects that are due to subsequent interference by If third parties assert a claim against the customer Customer in connection with defective products on the grounds of product liability or defects that are caused by other legal grounds, the customer's operating system or third-party products are not covered by Supplier shall indemnify the limited warranty. Only those defects which can be can be proven to be caused by or due to meteocontrol’s products and/or software and where Customer upon the deviations first request against any damage resulting from the specifications are reproducible are covered. Where a defect does not occur in the software version most recently provided to the customer and where usage of such (via an upgrade or patch, etc.) is reasonable for the customer, it is not considered a defectclaim. 8.2 Customer shall accept a tender 6.12. Even before third parties make claims on the grounds of product liability, the goods by meteocontrol which substantially conforms to the description of the goods. Customer shall be deemed entitled to have accepted a take all necessary steps at the Supplier's expense to prevent the occurrence and assertion of impending product liability claims that can be traced back to the supply of defective products, of which they shall inform the Supplier immediately as far as possible and customer’s right reasonable. Any further legal claims remain unaffected. 6.13. The Supplier shall be obliged to cancel, reject or claim any maintain product liability insurance with adequate coverage for the designated destination countries and to provide evidence thereof upon request. 6.14. The Customer's liability for damages for breach of warranty or breach of meteocontrol’s obligation under this contract shall cease, unless customer gives seller notice in writing of seller’s breach: 8.2.1 In the case of unjustified requests to remedy defects discoverable through inspection, including incorrect deliveries and missing items, immediately in writing following the discovery; 8.2.2 In the case of defects not discoverable through inspection, immediately after discovery. The customer bears the burden of proof regarding observability of any defects. 8.2.3 In the case of non-conforming goods, customer shall immediately notify meteocontrol whether or not customer will continue to accept similarly non-conforming goods and acceptance of any non-conforming goods shall constitute a waiver by customer of specification requirements for said goods. Customer’s acceptance of goods tendered under this contract shall be final limited to intent and irrevocablegross negligence. 8.2.4 Notices of defects to meteocontrol must take place via registered letter, fax transmission or via email and shall provide specific details of the defects, error codes, etc. so that meteocontrol may conduct its investigation. 8.2.5 In case of a damaged or incomplete shipment, the customer must immediately register a complaint with the parcel service / forwarding agent upon receipt of the product. If the notice is given untimely or improperly the warranty does not apply. 8.3 meteocontrol is entitled to decide to remove defects at no cost to customer by either eliminating them or by delivery of replacement product(s). If said actions cure any defect, any additional claims by the customer are excluded. 8.4 Repaired or replaced parts do not initiate a new warranty period. 8.5 Customer is responsible for the maintenance, backup, and storage of Customer’s data. 8.6 Despite continual monitoring, due to new occurring computer viruses, no guarantee can be provided for products delivered. meteocontrol shall inspect the software and use its best efforts to monitor and ensure the software remains free from viruses using standard security programs. However, customer agrees that it will also monitor the software and notify meteocontrol of any viruses which may go undetected otherwise. 8.7 meteocontrol guarantees that contractual usage or application of products delivered will not be restricted or prohibited by third-party property rights.

Warranty and Liability. 8.1 The limited warranty period is 24 months from date of upon delivery. The limited warranty applies exclusively solely to the hardware and software in the version delivered by meteocontrol at the time of delivery. GmbH. Defects that which are due to subsequent interference by the customer or are not covered by the warranty. The same applies to defects that are caused by of the customer's operating system or third-third- party products products. Quality defects are not covered considered only such that are demonstrated by the limited warranty. Only those defects which can be can be proven to be caused by or due to meteocontrol’s products and/or software and where the customer as well as reproducible deviations from the specifications are reproducible are coveredspecifications. Where a defect Any issue that does not occur in the software version most recently provided to the customer and where usage of such (via an upgrade or patch, etc.) is reasonable for the customer, it customer is not considered a quality defect. 8.2 Customer shall accept a tender of the goods by meteocontrol which substantially conforms to the description of the goods. Customer shall be deemed to have accepted a product and customer’s right to cancel, reject or claim any damages for breach of warranty or breach of meteocontrol’s obligation under this contract shall cease, unless customer gives seller notice in writing of seller’s breach: 8.2.1 In the case Notices of defects discoverable through inspection- via registered letter, including fax transmission or via e-mail with a read- receipt - regarding observable defects, incorrect deliveries and missing items, items can only be taken into consideration when received by meteocontrol immediately after receipt of goods. Notices of defects of not obviously observable defects must be immediately declared in writing following the discovery; 8.2.2 In the case of defects not discoverable through inspection, immediately after discovery. The customer bears the burden of proof regarding observability of any defects. 8.2.3 In the case of non-conforming goods, customer shall immediately notify meteocontrol whether or not customer will continue to accept similarly non-conforming goods and acceptance of any non-conforming goods shall constitute a waiver by customer of specification requirements for said goods. Customer’s acceptance of goods tendered under this contract shall be final and irrevocable. 8.2.4 Notices of defects to meteocontrol must take place via registered letter, fax transmission or via email and shall provide specific details of the defects, error codes, etc. so that meteocontrol may conduct its investigation. 8.2.5 In case of a an outwardly damaged or incomplete shipment, the customer must immediately register lodge a complaint with the parcel service / forwarding agent upon receipt of the product. If the notice is given In case of untimely or and improperly carried out declaration of defects, the warranty does not apply. 8.3 meteocontrol GmbH is entitled to decide to remove defects at no cost to customer free of charge by either eliminating them or by delivery of replacement non- defective product(s). If said actions cure any defectAny additional expense resulting from shipment items no longer being at the point of delivery shall be borne by the customer, any unless such shipment is stipulated contractually. Any additional claims by the customer are excluded. 8.4 Repaired or replaced parts of a shipment item do not initiate a new warranty period. 8.5 Customer The customer is responsible for the maintenance, backup, maintenance and storage back-up of Customer’s own individual data. 8.6 Despite continual monitoring, due to the multiplicity of new and occurring computer viruses, no 100% guarantee can be provided for products delivered. meteocontrol shall inspect the The software and use its best efforts is inspected to monitor and ensure the software remains it is free from viruses using standard security the usual programs. However, before usage the customer agrees is to check that it will also monitor the software and notify meteocontrol is free of any viruses which may go undetected otherwiseonce again. 8.7 meteocontrol GmbH guarantees that contractual usage or application of products delivered will not be restricted or prohibited by third-party property rights. 8.8 If a third party claims infringement of rights, meteocontrol GmbH can prohibit the customer to use or apply the product in question, effective immediately. At the same time, meteocontrol GmbH is obligated to decide to either change or replace the product in question to the extent that the alleged property right is no longer affected, yet continues to correspond to the respective contract, or to purchase the right to be able to use the product without restriction. If this is not feasible for meteocontrol GmbH at reasonable conditions, the customer is entitled to exercise the legal right of withdrawal or the right to reduction. The customer may not demand restitution for expenses incurred in vain. 8.9 meteocontrol GmbH is entitled and obligated to conduct all legal disputes regarding alleged property rights infringement at their own expense. 8.10 The customer will inform meteocontrol GmbH immediately and in writing when a claim of alleged property rights infringement is asserted.

Warranty and Liability. 8.1 The limited warranty period is covers a period of 24 months and begins from date the time of delivery. The limited warranty shall not apply to certain cases, including: - Instances in which the customer is at fault (e.g., surge damage, errors made during subsequent intervention, errors in the customer's operating systems or third-party products) - Instances of force majeure. The warranty applies exclusively solely to the hardware and software in the version delivered by meteocontrol at the time of delivery. GmbH. Defects that which are due to subsequent interference by the customer or are not covered by the warranty. The same applies to defects that are caused by of the customer's operating system or third-third- party products are not covered by the limited warrantyproducts. Only those defects which can be can be proven to be caused by or due to meteocontrol’s products and/or software and where the deviations from the specifications are reproducible are covered. Where a defect does not occur in the software version most recently provided to the customer and where usage of such (via an upgrade or patch, etc.) is reasonable for the customer, it is not considered a defect. 8.2 Customer shall accept a tender of the goods by meteocontrol which substantially conforms to the description of the goods. Customer shall be deemed to have accepted a product and customer’s right to cancel, reject or claim any damages for breach of warranty or breach of meteocontrol’s obligation under this contract shall cease, unless customer gives seller notice in writing of seller’s breach: 8.2.1 In the case of a defect in the software supplied by meteocontrol GmbH, the customer is, in principle, only entitled to have the defect rectified by meteocontrol GmbH within the framework of the supplementary performance. If the rectification of the defect by meteocontrol GmbH has failed, the customer is entitled – without prejudice to any claims for damages – to exercise the right of withdrawal or the right to reduction. 8.2 Notices of defects discoverable through inspection- via registered letter, including fax transmission or via e-mail with a read- receipt - regarding observable defects, incorrect deliveries and missing items, items can only be taken into consideration when received by meteocontrol immediately after receipt of goods. Notices of defects of not obviously observable defects must be immediately declared in writing following the discovery; 8.2.2 In the case of defects not discoverable through inspection, immediately after discovery. The customer bears the burden of proof regarding observability of any defects. 8.2.3 In the case of non-conforming goods, customer shall immediately notify meteocontrol whether or not customer will continue to accept similarly non-conforming goods and acceptance of any non-conforming goods shall constitute a waiver by customer of specification requirements for said goods. Customer’s acceptance of goods tendered under this contract shall be final and irrevocable. 8.2.4 Notices of defects to meteocontrol must take place via registered letter, fax transmission or via email and shall provide specific details of the defects, error codes, etc. so that meteocontrol may conduct its investigation. 8.2.5 In case of a an outwardly damaged or incomplete shipment, the customer must immediately register lodge a complaint with the parcel service / forwarding agent upon receipt of the product. If the notice is given In case of untimely or and improperly carried out declaration of defects, the warranty does not apply. Returns and repairs, which are sent back to meteocontrol, must be delivered free of charge and DDP (delivered duty paid). Otherwise, meteocontrol cannot accept the delivery. 8.3 meteocontrol GmbH is entitled to decide to remove defects at no cost to customer free of charge by either eliminating them or by delivery of replacement non- defective product(s). If said actions cure any defectthe supplementary performance fails, any additional the customer may – without prejudice to claims for damages and claims for reimbursement of expenses – withdraw from the contract or reduce the remuneration appropriately. Further claims against meteocontrol and its vicarious agents in connection with a defect are excluded. If the type of supplementary performance desired by the customer are excludedresults in disproportionate expenses or costs, the chosen type of supplementary performance can be refused by meteocontrol. 8.4 Repaired All data of the customer shall be kept by meteocontrol GmbH for a time period of 3 months after receipt of the notice of termination of the contractual relationship for the customer and held ready for retrieval. After expiry of three months after receipt of the notice of termination, meteocontrol GmbH shall be entitled to delete the data, provided that the customer has been informed in the termination letter about the three-month retention period, plus the storage for retrieval and the subsequent possible deletion. Personal data is excluded from these regulations. In this case, only the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz) or replaced parts do not initiate the future European Data Protection Basic Regulation will apply. Also excluded from this regulation is data for which there exists a new warranty periodlegal obligation to retain documentation (for example, tax or commercial requirements). 8.5 Customer is responsible for the maintenance, backup, and storage of Customer’s data. 8.6 Despite continual monitoring, due to the multiplicity of new and occurring computer viruses, no 100% guarantee can be provided for products delivered. meteocontrol shall inspect the The software and use its best efforts is inspected to monitor and ensure the software remains it is free from viruses using standard security the usual programs. However, before usage the customer agrees is to check that it will also monitor the software and notify meteocontrol is free of any viruses which may go undetected otherwiseonce again. 8.7 8.6 meteocontrol GmbH guarantees that contractual usage or application of products delivered will not be restricted or prohibited by third-party property rights. 8.7 If a third party claims infringement of rights, meteocontrol GmbH can prohibit the customer to use or apply the product in question, effective immediately. At the same time, meteocontrol GmbH is obligated to decide to either change or replace the product in question to the extent that the alleged property right is no longer affected, yet continues to correspond to the respective contract, or to purchase the right to be able to use the product without restriction. If this is not feasible for meteocontrol GmbH, or not at reasonable conditions, or if the supplementary performance measurements of meteocontrol GmbH have failed, the customer is entitled – without prejudice to any claims for damages – to exercise the right of withdrawal or the right to reduction. 8.8 meteocontrol GmbH is entitled and obligated to conduct all legal disputes regarding alleged property rights infringement at their own expense. 8.9 The customer will inform meteocontrol GmbH immediately and in writing when a claim of alleged property rights infringement is asserted.

Warranty and Liability. 8.1 11.1 The limited warranty machine must have the agreed quality, function, and performance and must comply with the respective applicable laws, regulations, directives, standards and Customer provisions with regard to health and safety at work, environmental protection, and fire protection. Inasmuch as no other deviating requirements result from this or from the agreement, the generally accepted rules of technology shall be complied with. 11.2 The limitation period for defects (hereinafter referred to as "Limitation Period") is 24 months from and starts on the date of deliverythe successful acceptance mentioned in the written certificate of acceptance of the Customer. In case the acceptance is delayed without this being the Contractor's fault, the Customer is willing to agree on an appropriate maximum deadline upon the Contractor's request. The limited warranty applies exclusively limitation period for defects with regard to spare parts is 24 months starting with their successful installation and ends at the latest 36 months after the service has been provided to the hardware and software version delivered Customer. 11.3 The Contractor shall correct defects free of charge. If this is not possible or if the Customer cannot reasonably be expected to accept the corrected services, the Contractor shall replace the defective services free of charge. 11.4 In urgent cases or if the Contractor is in default with regard to correcting a defect, the Customer may carry out the required measures himself or have them carried out by meteocontrol a third party at the time Contractor's cost. The Customer shall notify the Contractor of deliverythe implementation of such measures. Defects that are due to subsequent interference by If this is not possible, the customer or defects that are caused by measures required for damage prevention may be carried out without prior notification; in such cases, the customer's operating system or third-party products are not covered by Customer shall notify the limited warrantyContractor immediately as soon as possible. Only those The obligations of the Contractor in the context of warranty shall remain unaffected; this excludes defects which can be can be proven traced back to be caused measures carried out by the Customer or due to meteocontrol’s products and/or software and where the deviations from the specifications are reproducible are covered. Where a defect does not occur third parties. 11.5 For services provided in the software version most recently provided to context of a correction of defects, a new limitation period in accordance with subsection 11.2 starts upon the customer and where usage written acceptance of such (via an upgrade or patch, etc.) is reasonable for the customer, it is not considered a defect. 8.2 Customer shall accept a tender of the goods by meteocontrol which substantially conforms to the description of the goods. Customer shall be deemed to have accepted a product and customer’s right to cancel, reject or claim any damages for breach of warranty or breach of meteocontrol’s obligation under this contract shall cease, unless customer gives seller notice in writing of seller’s breach: 8.2.1 In the case of defects discoverable through inspection, including incorrect deliveries and missing items, immediately in writing following the discovery; 8.2.2 In the case of defects not discoverable through inspection, immediately after discovery. The customer bears the burden of proof regarding observability of any defects. 8.2.3 In the case of non-conforming goods, customer shall immediately notify meteocontrol whether or not customer will continue to accept similarly non-conforming goods and acceptance of any non-conforming goods shall constitute a waiver by customer of specification requirements for said goods. Customer’s acceptance of goods tendered under this contract shall be final and irrevocable. 8.2.4 Notices of defects to meteocontrol must take place via registered letter, fax transmission or via email and shall provide specific details of the defects, error codes, etc. so that meteocontrol may conduct its investigation. 8.2.5 In case of a damaged or incomplete shipment, the customer must immediately register a complaint with the parcel service / forwarding agent upon receipt of the productservices. If the notice is given untimely or improperly the warranty Customer does not deliver the written certificate of acceptance within 15 working days after written notification by the Contractor regarding the actually executed proper completion of the correction of defects, the new limitation period shall begin at the end of the above-mentioned period of 15 working days. 11.6 For all parts of the machine which cannot be used as specified in the agreement due to a business interruption caused by the fact that measures for the correction of defects become necessary, the limitation period is extended by the duration of such interruption. 11.7 If a rectification is not possible or if the Customer cannot reasonably be expected to accept such rectification, the Customer's other rights shall remain unaffected. 11.8 With regard to any further rights and liability, legal regulations apply. 8.3 meteocontrol is entitled to decide to remove defects at no cost to customer by either eliminating them or by delivery of replacement product(s). If said actions cure any defect, any additional claims by the customer are excluded. 8.4 Repaired or replaced parts do not initiate a new warranty period. 8.5 Customer is responsible for the maintenance, backup, and storage of Customer’s data. 8.6 Despite continual monitoring, due to new occurring computer viruses, no guarantee can be provided for products delivered. meteocontrol shall inspect the software and use its best efforts to monitor and ensure the software remains free from viruses using standard security programs. However, customer agrees that it will also monitor the software and notify meteocontrol of any viruses which may go undetected otherwise. 8.7 meteocontrol guarantees that contractual usage or application of products delivered will not be restricted or prohibited by third-party property rights.

Warranty and Liability. 8.1 The limited warranty period is 24 months from date of delivery1. Goods are produced and supplied in accordance with the corresponding quality guidelines. 2. Our deliveries should be inspected, immediately after receipt, to detect possible anomalies. The limited warranty applies exclusively customer guarantees the carrying-out of Goods IN inspections in accordance with AQL. Written claims for obvious defects must always be submitted within two weeks of having received the goods concerned. All right to exercise claims for defects shall otherwise be excluded. The punctual despatch of notifications shall be deemed valid for the hardware and software version delivered observance of time limits. Article 377 of the German Commercial Code (HGB) shall otherwise remain unaffected. 3. If the verification of functionality by meteocontrol at the time means of deliveryan electrical test (own production stage) is not contractually agreed in each case, we shall be liable only for conformity with our own standards of workmanship, as verified by visual inspection. 4. Defects that are due There shall be no right to subsequent interference by claim for defects if the customer or a third party carries out modifications to the goods supplied, unless the customer can prove, in relation to the defect concerned, that the modifications were not the cause of that defect. Claims for defects that are caused shall likewise be excluded if the customer fails to comply immediately with a request on our part to return an item giving rise to a claim. 5. In the event of a justified claim, we shall rectify the situation, at our discretion, by cost-free correction (repair of the customer's operating system defect) or third-party products are not covered by replacement (delivery of an item free of defects). We shall bear the limited warrantyresulting costs in such cases, including those payable for transport, travel, labour and materials. Only those defects which can be can be proven If repair or replacement fails to be caused by remedy the situation, the customer may, at its discretion, reduce the purchase price or due to meteocontrol’s products and/or software and where the deviations withdraw from the specifications are reproducible are coveredagreement. 6. Where a defect does Items subject to claims for defects must be suitably packed before returning them to us. The assignment of costs shall be subject to section 5. 7. The customer shall require prior written consent from us for all and any attempt on its part to remedy defects and then claim compensation from us for the expenses incurred. 8. The provision of remedy shall be excluded if there is no corresponding written claim within the meaning of article 377 of the German Commercial Code (HGB) or clause X sect. 2. Remedies provided despite the above provision shall not occur imply liability of any kind. 9. If the remedy is itself defective, the customer shall submit the corresponding written claim within two weeks of receiving the repaired goods in the software version most recently provided to the customer and where usage case of such (via an upgrade obvious defects, or patch, etc.) is reasonable for the customer, it is not considered a defect. 8.2 Customer shall accept a tender of the goods by meteocontrol which substantially conforms to the description of the goods. Customer shall be deemed to have accepted a product and customer’s right to cancel, reject or claim any damages for breach of warranty or breach of meteocontrol’s obligation under this contract shall cease, unless customer gives seller notice within one year in writing of seller’s breach: 8.2.1 In the case of defects discoverable through inspection, including incorrect deliveries and missing items, that are not immediately in writing following the discovery; 8.2.2 In the case of defects not discoverable through inspection, immediately after discoveryobvious. The customer bears right to make further warranty claims is otherwise excluded. The punctual despatch of notifications shall be deemed valid for the burden observance of proof regarding observability time limits. Article 377 of any defectsthe German Commercial Code (HGB) shall otherwise remain unaffected. 8.2.3 In the case of non-conforming goods, customer shall immediately notify meteocontrol whether or not customer will continue to accept similarly non-conforming goods and acceptance of any non-conforming goods shall constitute a waiver by customer of specification requirements for said goods10. Customer’s acceptance of goods tendered under this contract shall be final and irrevocable. 8.2.4 Notices of defects to meteocontrol must take place via registered letter, fax transmission or via email and shall provide specific details Repair of the defects, error codes, etc. so that meteocontrol may conduct its investigationgoods supplied shall not restrict the original warranty terms or cause them to begin anew. 8.2.5 In case of a damaged or incomplete shipment, the customer must immediately register a complaint with the parcel service / forwarding agent upon receipt of the product. If the notice is given untimely or improperly the warranty does not apply. 8.3 meteocontrol is entitled to decide to remove defects at no cost to customer by either eliminating them or by delivery of replacement product(s). If said actions cure any defect, any additional claims by the customer are excluded. 8.4 Repaired or replaced parts do not initiate a new warranty period. 8.5 Customer is responsible for the maintenance, backup, and storage of Customer’s data. 8.6 Despite continual monitoring, due to new occurring computer viruses, no guarantee can be provided for products delivered. meteocontrol shall inspect the software and use its best efforts to monitor and ensure the software remains free from viruses using standard security programs. However, customer agrees that it will also monitor the software and notify meteocontrol of any viruses which may go undetected otherwise. 8.7 meteocontrol guarantees that contractual usage or application of products delivered will not be restricted or prohibited by third-party property rights.