Common use of Warranty and Liability Clause in Contracts

Warranty and Liability. (a) The Company warrants that on delivery, and for a specified period from the date of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 years (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaserwithout the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto thegoods; (iii) That in thecase of defects which would have been reasonablyapparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven in thisClause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaserand the Company before the commencementof any such repairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. 14.1. Unless otherwise stated in these General Terms and Conditions of Sale, the Company disclaims any and all warranties or conditions with regard to the Products of any kind whatsoever. Further, the Company does not warrant that the Products will operate without interruption or that they will be error free, virus free or secure. Customer expressly acknowledges and confirms that any changes or additions made (anot supplied and/or installed by Company) to the Product(s), and any use of the Product(s) with third party products, except for Company validated or Company approved third party products, is at Customer’s risk and Company shall not be liable for any damages or loss resulting therefrom. The foregoing limited warranty shall not apply if a defect or malfunction is the result of wear and tear, alteration, modification, foreign attachment, misuse, tampering, negligence, abuse or other causes not arising out of defects in material or workmanship. 14.2. Notwithstanding article 14.1 of these General Terms and Conditions of Sale, the Company warrants that on delivery(i) in the event of defects in the construction of the Products and (ii) in the event that such Products are returned to the Company “CIP Xxxxxxxxxxxxxx 0, (0000 XX) Xxxxxxxx, xxx Xxxxxxxxxxx” in accordance with the relevant terms of the Incoterms 2010 or any later version thereof and for a specified period within twelve (12) months from the Products being put into operation, but no longer than fifteen (15) months from the date of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free dispatch from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 years (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods ’s premises and with respect to the Company's place of business at the Purchaser’s costwhich timely notice was given, the Company it shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namelyown discretion: (iA) That either redeliver such Products at no cost; or (B) repair such Products at no cost; or (C) credit the defects Customer in as far as is reasonable in whole or in part for the invoice value of such Products. Damage resulting from inexpert use by the Customer and or any third parties, does not fall under the warranty mentioned in this article 14. 14.3. Parts repaired or replaced shall not have arisen through fair wear be delivered “Delivered At Place (DAP) Customer’s facility” in accordance with the relevant terms of the Incoterms 2010 or any later version thereof. Repair and tear, willful replacement shall neither extend nor renew the agreed warranty period. The Company shall never be obligated to pay any substitute or additional compensation for damage, negligenceexcept if and insofar as exclusion of liability is prohibited by Swedish law. If and insofar as the Company is obligated to pay compensation for damages, abnormal working conditionsnotwithstanding the aforementioned, misusethis shall never exceed, alteration or repair at its own discretion, either the invoice value of goods the Products in connection with which the damages were caused or, if the damage is covered by an insurance of the Company, the amount which is actually paid in the matter by the Purchaserwithout the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto thegoods; (iii) That in thecase of defects which would have been reasonablyapparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That insurer. If it is determined that either no fault exists in the case of any other defects, the Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven in thisClause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaserand the Company before the commencementof any such repairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the damage to be repaired was caused by the negligence or misuse of the Customer or its agents, employees agents or subcontractors; (iicustomers, the Customer agrees to pay all charges associated with any such repair. 14.4. EXCEPT WHERE LOCAL MANDATORY LAW CREATES ADDITIONAL RIGHTS OR REMEDIES FOR CUSTOMER, CUSTOMER ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT IT HAS SELECTED THE PRODUCT(S) fraud or fraudulent misrepresentation; or (iiiBASED ON ITS PROFESSIONAL JUDGMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE UPON ANY STATEMENTS MADE BY THE COMPANY OR ANY AGENT, REPRESENTATIVE OR EMPLOYEE OF THE COMPANY NOT EXPRESSLY STATED HEREIN. UNLESS OTHERWISE STATED IN THE AGREEMENT, THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE PRODUCTS AND SERVICES PROVIDED HEREUNDER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT GUARANTEE OR WARRANT THE PRODUCTS TO CUSTOMER IN ANY WAY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE RESPONSIBLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR UNANTICIPATED PROBLEMS, DELAYS OR OTHER EVENTS OUTSIDE OF ITS CONTROL. WITHOUT PREJUDICE TO THE AFORESAID, IN NO CIRCUMSTANCES WHATEVER SHALL THE LIABILITY OF THE COMPANY OR THE AMOUNT OF ANY DAMAGES OR COMPENSATION PAYABLE BY THE COMPANY ON ANY CLAIM WHATSOEVER CONCERNING OR RELATING, DIRECTLY OR INDIRECTLY, TO THE PRODUCTS AND INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED ON NEGLIGENCE, MISREPRESENTATION, BREACH OF CONTRACT OR WARRANTY EXCEED IN TOTAL THE COMPANY'S INVOICE PRICE OF THE EQUIPMENT OR PRODUCT(S) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liabilityCOMPLAINED OF.

Warranty and Liability. (a) The Company warrants that on delivery, and for a specified period from the date of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 years (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaserwithout the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto thePurchasershallhavefollowedallinstructionsissuedbytheCompany in relationto thegoods; (iii) That in thecase of defects which would have been reasonablyapparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations dischargeof itsobligations underthewarrantygiven in thisClause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaserand the Company before the commencementof commencement of any such repairor repair or remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. (a) The Company warrants that on delivery, and for a specified period of 2 years from the date of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 years. (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaserwithout Purchaser without the Company’sapprovalCompany’s approval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto thegoodsthe Purchaser shall have followed all instructions issued by the Company in relation to the goods; (iii) That in thecase the case of defects which would have been reasonablyapparent reasonably apparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchasershall Purchaser shall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven where in thisClause discharge of its obligations under the warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaserand Purchaser and the Company before the commencementof commencement of any such repairor remedialworkrepair or remedial work. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. The Purchaser shall notify the Vendor promptly in writing of any defects in the goods supplied or services performed by the Vendor. The Purchaser shall grant the Vendor sufficient opportunity and time to identify the causes of defects of which the Purchaser has complained and to prepare for and take the appropriate subsequent performance measures (a) The Company warrants that on delivery, and for a specified period repair of defect or production or delivery of goods free from defects). In the date case of delivery (“warranty period”)complaints, the Vendor shall be entitled to take samples on the Purchaser's premises and/or to inspect the shift logs of the Purchaser. In the event that the Vendor is subject to warranty obligations in respect of defects in goods shall: (i) conform in all material respects with any applicable specification agreed supplied or services performed by both parties in writing in advance; (ii) the Vendor, the Vendor shall be entitled, at its own option, either to repair the defects concerned or to supply new goods or services which are free from material defects defects. Any parts replaced in design, material and workmanship; and (iii) be the course of satisfactory quality (within such subsequent performance shall become or remain the meaning property of the Sale of Goods Act 1979)Vendor. The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 years (b) Subject to clause 18(c), if: (i) In the Purchaser gives notice in writing to event that the Company during the warranty period Vendor does not complete subsequent performance within a reasonable period of time of discovery that some granted by the Purchaser, or all of the goods do not comply with the warranty set out should subsequent performance fail in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) any other way, the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its own option, repair or replace be entitled to reduce the purchase price agreed for the defective part of the goods or services concerned or, always provided that the liability for defects does not relate to construction services, to rescind the Contract. The warranty claims of the Purchaser shall be forfeited unless made within two years except where such claims relate to the performance of design or supervision services for a structure or defects in a structure or in an object which has been used, in accordance with its normal use, as a structure and such use has caused the defects concerned. In the case of such exceptions, warranty claims shall be forfeited unless made within five years. The period for such forfeiture shall begin on the acceptance of the goods or services concerned by the Purchaser, provided however that, for the purpose of this provision, the refusal of acceptance shall be deemed to constitute acceptance. The expiry to no avail, for reasons for which the Vendor is not responsible, of a grace period granted by the Vendor for the dispatch or commissioning of the goods concerned shall also be deemed to constitute the acceptance thereof by the Purchaser. The Purchaser shall not be entitled to remedy any defect itself and to claim reimbursement of the expenses incurred by the Purchaser for such remedial action unless the Vendor has failed to complete subsequent performance within a reasonable period allowed by the Purchaser or remedial work must be performed immediately in view of operational safety hazards or to avoid unreasonable loss or damage. In any such case, the Purchaser shall promptly notify the Vendor in writing of the work performed and the reasons therefore. In the event that any defect in goods supplied or services performed by the Vendor was justifiably remedied by the Purchaser, the Vendor shall bear the reasonable cost of such remedial action. The Vendor shall not be liable for defects, loss or damage caused by the improper or unsuitable use of goods, or refund the price of the defective assembly or commissioning of goods in full. (c) The warranty given in Clause 18(a) is subject to by the following provisosPurchaser or third parties, namely: (i) That the defects shall not have arisen through fair normal wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration incorrect or careless handling or repair work, the use of goods by consumables not fit for the Purchaserwithout purpose, the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto thegoods; (iii) That use of construction sites not fit for the purpose, defective construction work, infringements of statutory provisions including without limitation provisions concerning chemicals and hazardous substances and chemical, electrochemical and electrical effects for which the Vendor is not responsible. Beyond the warranty obligations stated in thecase of defects which would have been reasonablyapparent this Section 7, the Vendor shall not be liable to the Purchaser on reasonable examination for any loss or damage whatsoever, including loss or damage other than to the goods or services supplied by the Vendor. This exclusion of liability shall not apply to death, personal injury or damage to health caused by the wilful of negligent breach of its obligations by the Vendor or to any other loss or damage caused by the wilful or grossly negligent breach of its obligations by the Vendor or a statutory representative, servant, agent or employee of the vendor or for the wilful or grossly negligent breach by the Vendor of essential provisions of the Contract. This exclusion of liability shall also not apply to the strict liability of the Vendor under the Produkthaftungsgesetz (Product Liability Act) for personal injury or damage to property caused by defects in goods supplied. This exclusion of liability shall also not apply in the event that the Vendor has given the Purchaser a guarantee as to the properties of the goods on deliverysupplied the purpose of which was to protect the Purchaser against such loss or damage. In the event that the Purchaser is of the opinion that loss or damage which would be unreasonably high with reference to the remuneration under the Contract could occur, the Purchaser shall be obligated to notify the Company Vendor thereof prior to the conclusion of the defects in writing within 14 working days Contract. Should the Purchaser fail to so notify the Vendor, the liability of delivery; (iv) That the Vendor, with the exception of death, personal injury or damage to health or the wilful or grossly negligent breach of obligations, shall be limited to such loss or damage as could reasonably have been foreseen by the Vendor in the case of any other defectsspecific case, unless the Purchasershall notify the Company Vendor was insured against such loss or damage. The liability of the defects Vendor for purely financial loss or damage (e.g. loss or damage caused by the stoppage or restriction of production, loss of use or loss of profit) shall be limited to such amount as is reasonable in writing within 7 working days view of the date when the defect becomes apparent remuneration agreed, unless insurance cover can be obtained for such loss or damage and the Purchaser shall not make use conclusion of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven in thisClause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be insurance cover has been agreed in writing between the Purchaserand the Company before the commencementof any such repairor remedialworkParties. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. (a) 4.1. The Company warrants that on deliverywarranty period shall be a minimum of 12 months calculated from date of acceptance as provided for in paragraph three herein above, and for a specified period or 18 months from the date of delivery (“warranty period”)the bill of consignment, whichever shall be the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979)longer. The warranty period for Netatmo goods is 4 years in respect of latent defects shall be the longer. The warranty period in respect of latent defects shall be 5 years calculated from the date of acceptance. All warranty periods are extended for other the duration of any downtime resulting from necessary repair work or the delivery of spare parts for the goods is 2 years (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing question. Such repair work and spare parts shall in turn be subject to the Company during the full warranty period within referred to above. The supplier warrants that spare parts shall be available for delivery for a reasonable time minimum period of discovery that some or all Ten years calculated from date of acceptance. 4.2. The supplier expressly warrants the characteristics and performance of the goods do not comply with the warranty in question as set out in clause 18(a);the order. The goods shall also fully comply with all recognized and applicable technical standards. The supplier shall be liable jointly and severally to REHAU for the performance of any sub-supplier or sub-contractor which the supplier may have appointed. (ii) 4.3. In the Company is given event of the delivery of the goods or the goods being defective in any way, REHAU shall be entitled, and in its sole discretion, to elect to demand proper delivery or repair work to be effected or a reasonable opportunity of examining such goods; and (iii) reduction in the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the purchase price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject goods, alternatively REHAU shall be entitled to claim cancellation of the following provisos, namely: (i) That agreement together with a claim for restitution and damages arising out of the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods breach by the Purchaserwithout supplier, provided that in every event REHAU shall be entitled also to recover from the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto thegoods; (iii) That in thecase of defects which would have been reasonablyapparent to supplier all consequential damages arising therefrom. In the Purchaser on reasonable examination event of the goods on deliveryexistence of a contract for the erection of a plant and in the event of it further becoming apparent prior to completion thereof that performance will be defective or that completion will be delayed, REHAU shall be entitled without prejudice to its rights to grant the Purchaser shall notify supplier a reasonable period within which to rectify any such defects and, in the Company event of the defects supplier’s failure to do so, REHAU shall be entitled , in writing within 14 working days of delivery; (iv) That in its sole discretion, to terminate the case of any other defectsagreement, the Purchasershall notify the Company claim a reduction of the defects in writing within 7 working days of purchase price, or to instruct a third party to complete the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven in thisClause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, order at the cost of such work the supplier. In addition thereto REHAU shall be agreed in writing between entitled to claim from the Purchaserand supplier all damages including consequential damages arising from the Company before the commencementof any such repairor remedialworksupplier’s default. (d) 4.4. The terms implied by sections 13 to 15 supplier indemnifies REHAU and holds REHAU harmless against any damages claims arising against REHAU as a consequence of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied defective delivery by the Company. (f) Nothing in these General Conditions of Sale supplier. REHAU shall limit be entitled to set off or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter to withhold payment in respect of all damages claims brought against REHAU, regardless of whether such claims are liquidated or not, and regardless of whether such claims are due and payable or not. 4.5. The supplier indemnifies REHAU and holds REHAU harmless against any damage claims arising out of any law or obligation governing product liability or related claims not arising in contract. This order has been placed on the basis and assumption that the supplier is comprehensively insured against all product liability claims which it would be unlawful for the Company may arise. The supplier shall provide proof of such insurance cover upon demand by REHAU. 4.6. The supplier warrants that all goods supplied in accordance with this agreement, and in so far as these have not been produced in accordance with REHAU drawings, do not infringe any domestic or foreign intellectual property rights including, but not being limited to exclude patents, copyrights, trademarks or restrict liabilityregistered designs.

Warranty and Liability. (a) The Company warrants that on delivery4.1 GSS will perform the Services with reasonable skill and care but accepts no responsibility for, and makes no warranty as to, the appropriateness of any Service for a specified period any Accredited Buyer. 4.2 Any failure by GSS to provide the Services, either at all or in accordance with these Conditions, must be notified in writing to GSS by the Accredited Buyer as soon as reasonably practicable and in any event within fifteen (15) business days from the date on which the Accredited Buyer became (or ought reasonably to have become) aware of delivery the same. GSS shall not be liable for any failure unless so notified. 4.3 If GSS is satisfied after due enquiry that the Services were not provided (“warranty period”either at all or in accordance with these Conditions), the goods GSS shall: , in its sole and absolute discretion, either (i) conform in all material respects with any applicable specification agreed by both parties respect of the non-provision of the Planned Supply Planning Services only, refund or credit the Accredited Buyer such amount of the Supply Planning Fee as it determines to be fair and reasonable having regard to the default (and regardless of whether such Supply Planning Fee was paid in writing in advance; respect of the Planned Supply Planning Service which was not provided) or (ii) be free from material defects make good any defect in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning provision of the Sale Service or non-performance of Goods Act 1979). The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 years the Service (b) Subject to clause 18(cincluding, in GSS’ sole and absolute discretion, by re-performing the relevant Service), if: as the case may be. GSS’ liability shall not in any event exceed (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all respect of the goods do not comply with the warranty set out in clause 18(a); Standard Supply Planning Services US$250,000.00 (two hundred and fifty thousand United States dollars) and (ii) in respect of the Company is given a reasonable opportunity Planned Supply Planning Services, the Supply Planning Fee (whether or not attributable to the Planned Supply Planning Service which was 4.4 Subject to Condition 4.6, the provisions of examining such goods; and Condition 4.3 shall constitute the Accredited Buyer’s sole remedy in respect of the performance (iiior non-performance) of the Purchaser Services and whether for breach of contract, negligence, misrepresentation or otherwise and neither GSS nor any member of the Xx Xxxxx Group shall be liable in any circumstances for loss of profit, business or revenue (if asked to do so whether sustained by the CompanyAccredited Buyer or any other person), special, indirect or consequential loss or damage (whether sustained by the Accredited Buyer or any other person) returns such goods to or any loss arising from any claim made against the Company's place Accredited Buyer by any other person, in each case whether foreseeable or in the contemplation of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in fullGSS. (c) The warranty given in Clause 18(a) is subject to the following provisos4.5 Except as expressly stated herein, namely: all conditions, warranties, representations and other terms, express or implied by (i) That the defects shall not have arisen through fair wear and tearstatute, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaserwithout the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto thegoods; (iii) That in thecase of defects which would have been reasonablyapparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven in thisClause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaserand the Company before the commencementof any such repairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; common law or (iii) otherwise in relation to the Services (or any other matter of them) are excluded. 4.6 Nothing in respect of which it would be unlawful for the Company this Condition 4 shall purport to exclude or restrict liabilityany liability the exclusion or restriction of which is prohibited by law.

Warranty and Liability. (a) The Company warrants that on delivery, and for a specified period of 2 years from the date of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 years. (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaserwithout Purchaser without the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto the Purchasershall have followedall instructions issued by the Company in relation to thegoods; (iii) That in Thatin thecase of defects which would have been reasonablyapparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven where in thisClause discharge of its obligations under the warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaserand Purchaser and the Company before the commencementof beforethe commencement of any such repairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 Xxx 0000 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. 8.1 The Company warrants that within eighteen (18) months from the date of dispatch of the Goods or twelve (12) months from the date of first use of the Goods by the Buyer (whichever the earlier) the Goods shall be free of all material defects 8.2 The Company warrants that the Goods will conform to the Contract specification 8.3 Any defects in the Goods or failure to conform to the Contract specification which should be apparent upon reasonable inspection to the buyer on delivery of the Goods must be detailed on the delivery note by the Buyer or the Buyer’s representative. The Company shall have no liability to the Buyer in respect of any such alleged defects or failure unless so detailed 8.4 Any warranty given by the Company in respect of the Goods supplied shall be subject to the following conditions: (a) The Company warrants that on delivery, and for a specified period from the date shall be under no liability in respect of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of Goods arising from drawing design or specification supplied by the Sale of Goods Act 1979). The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 yearsBuyer (b) Subject The Company shall be under no liability in respect of any defects arising from fair wear and tear the Buyer’s negligence abnormal working conditions failure to clause 18(c)follow the Company’s instructions (whether oral or in writing, if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty including as set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company’s service manual) returns such goods to misuse or alteration or repair of the Goods without the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in fullapproval. (c) The Company shall be under no liability under any warranty given in Clause 18(a) is subject to condition or guarantee if the following provisos, namely: (i) That the defects shall Price and VAT has not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods been paid by the Purchaserwithout the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto thegoods; (iii) That in thecase of defects which would have been reasonablyapparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven in thisClause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaserand the Company before the commencementof any such repairor remedialwork.Due Date (d) The terms implied No warranty given by sections 13 the Company extends to 15 Goods not manufactured by the Company in respect of which the Sale of Goods Act 1979 are, Buyer shall only be entitled to the fullest extent permitted benefit of any such warranty or guarantee as is given by law, excluded from the Contract.manufacturer to the Company (e) Clause 18(a) to Clause 18(d) Unless agreed in writing the Company shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s be under no liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which any alleged defects in respect of any failure of the Goods to comply with any governmental statutory or other provisions relating to the Goods in the country of destination of the Goods and the Buyer acknowledges that it would shall be unlawful its responsibility to ensure that the Goods comply with such provisions as may apply to the Goods 8.5 The Company’s sole obligation for breach of the Company to exclude or restrict liability.warranties set out in clauses 7.1 and

Warranty and Liability. (a) 11.1 The following warranty shall be deemed to be incorporated in these Conditions of Sale: Company warrants that the goods comply with the agreed specifications or, in the absence of an explicit agreement regarding the specification, Company’s specification valid at the time of order confirmation. For a period of twelve months from the date on deliverywhich a product both manufactured and sold by the Company is delivered to the Purchaser, the Company will exchange or repair at the Company’s option any part or parts thereof requiring replacement or repair by reason of defective workmanship or material. 11.2 The Company shall not be responsible for any expense which the Purchaser may incur in removing or having removed or any replacement or having replaced any part or parts sent for inspection or in fitting of having fitted any new parts supplied in lieu thereof. 11.3 The Company shall not be responsible for any defect, which is the reasonable opinion of the Company was attributed to: - Wear and tear; - Any form whatsoever of improper use or use which was not in accordance with accepted practice; - Abnormal corrosive or abrasive conditions; - Non-compliance with any instructions issued by the Company concerning the use, fitting and servicing of the goods; - Incorrect fitment; - Faulty or irregular supply of electricity. 11.4 Modified goods supplied by the Company in accordance with Clause 6 of these Conditions shall not constitute a defect for the purposes of this warranty. 11.5 This warranty is limited to those parts of the goods that are manufactured by the SICK Group of Companies. Any parts which are not manufactured by the SICK Group of Companies shall be subject to such warranties and/or warranties (if any) as are given by the manufacturer of such parts. 11.6 Any goods exchanged due to warranty obligations of the Company or returned to Purchaser after a specified warranty repair will be subject to a period of warranty for twelve months, from the date of delivery (“warranty period”)exchange or repair, in the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within latter case on the meaning par or parts that were replaced during the repair. It is the liability of the Sale Purchaser to verify the correct function of Goods Act 1979). The the device after return from exchange of repair. 11.7 Any goods that are outside of the initial sales warranty period for Netatmo goods is 4 years The and are exchanged or repaired against charge shall be subject to a further warranty period for other goods of three months from the date of the exchange or repair. It is 2 years (b) Subject to clause 18(c), if: (i) the liability of the Purchaser gives notice to verify the correct function of the device after return from exchange of repair. 11.8 Company’s and any of Company’s affiliated companies’ total liability for any claim arising out of or in writing connection with the sale of goods or provision of services by Company to Purchaser or the use of such goods or services by Purchaser, for breach of contract, warranty or statutory duty, or other delict including Company’s negligence shall not exceed the agreed sales price for the relevant delivery of goods or services. Neither Purchaser nor Company shall be liable to the Company during the warranty period within a reasonable time of discovery that some other for any incidental, special, consequential, or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s punitive cost, the Company shallexpense, at its optionloss or damage including but not limited to loss of production, repair loss of use, loss from business interruption, indirect loss of profit, loss of business, loss of goodwill or replace the defective goodsreputation, or refund wasted expenditure. Any claim shall be made by Purchaser by written notice, setting forth fully the price of the defective goods in full. (c) The warranty given in Clause 18(a) facts on which it is subject to the following provisosbased, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaserwithout the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto thegoods; (iii) That in thecase of defects which would have been reasonablyapparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchasershall notify the Company of the defects in writing within 7 working days of immediately after the date when the defect becomes apparent and the Purchaser shall not make use facts were discovered or should have been discovered. No limitation or exclusion of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven in thisClause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaserand the Company before the commencementof any such repairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) liability shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions cases of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligencethe Company’s negligence or in cases of intentional conduct by Company. 11.9 The warranty set out in this clause is given in lieu of and excludes every other condition or warranty whether express or implied, statutory or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liabilityotherwise.

Warranty and Liability. (a) The Company hereby warrants that on the Goods have been produced from sound materials and are, at the date of delivery, free from any material defect in workmanship, and will remain free from any material defect in workmanship, for a specified period of 12 calendar months from the date of delivery (“warranty period”), to the goods shall: (i) conform in all material respects Customer and correspond with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in designwritten specification, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 years (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to but the Company's place liabilities under this warranty shall be limited to making available free of business charge the labour and materials required to make good any such defects or any failure to perform the Services with reasonable skill and care, or (at the Purchaser’s cost, the Company's option) replacing any defective Goods. The Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) further warrants that any Services shall be provided with reasonable skill and care. The warranty given in Clause 18(a) Company's liability under these Warranties is also subject to the following provisos, namelyconditions and limitations: (i) That the Company will not accept any liability for any defective or faulty Goods supplied, unless the Customer gives the Company written notice of the defect or defects shall in question within 7 days of delivery (save where the defect or defects are of a nature which would not have arisen through fair wear normally be apparent upon a reasonable inspection, in which case the notice of defect or defects must be given within 7 days of discovering the same); ii) the Goods having been properly stored, used and tearcared for by the Customer prior to the defect occurring; iii) if the Goods are left on site while other preparatory work is completed, willful damagesuch storage being secure, negligencedry and frost- free and the risk of damage or loss to the Goods will belong to the Customer; iv) the Goods not having been subjected to any incorrect, abnormal working conditionsor improper load use accident or unauthorised modification repair or application, misuse, alteration or repair of goods whether by the Purchaserwithout the Company’sapprovalCustomer or any third party; (iiv) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto thegoodsthe Goods having been used in accordance with the Company's instructions whether written or oral; (iiivi) That the Company having received the total price for the Goods or Services by the due date for payment; and vii) the Company or manufacturer’s trade mark or serial number not having been removed, defaced or altered. The warranty contained in thecase this clause 10a) does not extend to cosmetic defects occurring after supply of defects which would have been reasonablyapparent the Goods or conclusion of the Contract for Services. Without prejudice to the Purchaser on reasonable examination provisions of clause 10a) above, all Goods that are returned to or replaced by the goods on deliveryCompany, shall become the Purchaser shall notify the Company property of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven in thisClause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaserand the Company before the commencementof any such repairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (fb) Nothing in these General Conditions conditions excludes or limits the liability of Sale shall limit or exclude the Company’s liability Company for (i) death or personal injury caused by its the Company's negligence. c) Subject to clauses 10a) and 10b): i) the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any agreement, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatever (whether caused by the Company’s negligence or that of its employees, agents or subcontractors or otherwise) which arise out of or in connection with the supply of the Goods or Services (including any delay in supplying or any failure to supply the Goods or Services in accordance with any agreement or at all) or the use of the Goods by the Customer; ii) the entire liability of the Company in contract, tort (including negligence or breach of statutory duty), misrepresentation (unless fraudulent) or otherwise arising in connection with the supply of the Goods or resulting from their use or the performance or contemplated performance of the Services shall not exceed the £2,000,000 per claim, or series of claims arising from one occurrence, where the Supplier's liability for the loss or damage is covered by the Supplier's insurance cover. If for any reason the loss or damage is not covered by the Supplier's insurance cover then the entire liability of the Supplier in accordance with this sub-clause shall not exceed the Contract price and where there is a long-term contract in place for the provision of ongoing Goods or Services, the Contract price shall be the price for each individual Contract within the main Contract or, where the Contract is for Services only, the Contract price shall be equal to the Contract price divided by the number of years and part years of the duration of the Contract; and iii) The Customer is encouraged to take out insurance to cover itself against losses greater than the limits set out in these Conditions and for risks where the Customer has no rights of recourse against the Company. d) The Company will at the request and expense of the Customer use its reasonable endeavours to transfer to the Customer the benefit of any warranty, guarantee or undertaking given to the Company by the manufacturer, producer or processor of the Goods, in relation to any Goods or parts or materials. e) The Customer agrees to indemnify the Company against all claims relating to Goods sold to the Customer in respect of any loss damage or expense, whether direct or consequential, sustained by any third party save only in respect of death or personal injury caused by the negligence of the Company or any of its employees employees, agents or subcontractors; (iisub- contractors. f) fraud or fraudulent misrepresentation; or (iii) any other matter in In respect of which it would international supply contracts (as defined by Section 26 of the Unfair Contract Terms Act 1977 only) the Seller shall have no liability to the Customer in the event of Goods infringing or being alleged to infringe the rights of any third party. g) The Company shall be unlawful at liberty without prior authority to entrust to other companies, firms or individuals (“Sub- contractors”) the performance or part performance of any contract for the Company to exclude supply of Goods or restrict liabilityany installation repairs or adaptations the subject of any contract.

Warranty and Liability. (a) The Company warrants that on delivery, and for a specified period of 2 years from the date of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 years. (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaserwithout Purchaser without the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto thegoods; (iii) That in Thatin thecase of defects which would have been reasonablyapparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven in thisClause whereindischargeofitsobligations underthewarrantygiveninthisClause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in agreedin writing between the Purchaserand the Company before the commencementof commencement of any such repairor repair or remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 Xxx 0000 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. 1.1. The seller provides to the buyer a warranty on delivered goods for the period of 24 months from the day of its delivery to the buyer. 1.2. The seller shall provide a warranty that the goods are delivered duly, on time and completely and that the goods shall retain the properties agreed in the contract, specifications (aAnnexes nos. 1 and 2 hereto) and in respective applicable legal regulations and standards and that the goods shall not show any defects throughout the warranty period. 1.3. The Company warrants seller is also responsible for the fact that the delivered goods do not show any legal defects and that on delivery, and for a specified period the side of third parties there shall not be applied any claims from the date title of delivery (“warranty period”)violation of copyrights, industrial rights or other similar rights. 1.4. In case that the goods exhibits any defects, the goods shallbuyer has the right to claim against the seller the following claims from defects: (i) conform in all material respects with any applicable specification removal of defect by repairing the goods by the seller,; the defect can be also removed by repairing the goods by the buyer at the costs of the seller or have the right to removed it by a third party at the costs of the seller, and this after agreement between the contracting parties, or if the seller did not remove the defect within the reasonable period agreed by both parties in writing in advancethe seller and buyer for defect removal; (ii) be free from material elimination of defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). The warranty period by delivering substitute goods for Netatmo goods is 4 years The warranty period for other goods is 2 years (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund if the price removal of defect by repairing the defective goods in full. (c) The warranty given in Clause 18(a) is subject by the seller according to the following provisos, namely: sub-paragraph (i) That of this paragraph is not possible, or if the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair contracting parties agree on this way of goods by the Purchaserwithout the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto thegoodsdefect elimination; (iii) That in thecase granting an adequate discount by the seller from the contractual price for the goods, if neither remedy according to sub-paragraph (i) nor sub- paragraph (ii) of defects which would have been reasonablyapparent to the Purchaser this paragraph is possible, or if contracting parties agree on reasonable examination this way of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of deliverydefect elimination; (iv) That withdrawal from the contract in consequence of a defect on the case of any other defectsgoods, the Purchasershall notify the Company if none of the claims from defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven in thisClause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaserand the Company before the commencementof any such repairor remedialwork. (d) The terms implied by sections 13 according to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for sub-paragraphs (i) death or personal injury caused by its negligence), or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it this paragraph does not lead or would not lead to effective remedy within a reasonable time. 1.5. The case when the same defect on the goods occurs repeatedly despite its removal by claiming for some of the claims according to sub-paragraphs (i), (ii) of the paragraph 1.4 of this Article shall be unlawful deemed the material breach of this contract by the seller. 1.6. Claims from defects on goods do not affect claims of the buyer for compensation for damage according to the Company contract or claims on contractual penalties according to exclude or restrict liabilitythe contract. It is the buyers right to choose between the claims from defects.

Warranty and Liability. (a) The Company warrants that on delivery, and for a specified period of 2 years from the date of delivery delivery, or in the case of Lighting Controls systems 2 years from the date of final commissioning sign off (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 years. (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaserwithout the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto the Purchaser shall have followed all instructions issued by the Company in relationto thegoods; (iii) That in thecase the case of defects which would have been reasonablyapparent reasonably apparent to the Purchaser on Purchaseron reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 2 working days of delivery; (iv) That in the case of any other defects, the Purchasershall Purchaser shall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven where in thisClause discharge of its obligations under the warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaserand Purchaser and the Company before the commencementof Companybeforethe commencement of any such repairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. (a) The Company warrants that on delivery, and for a specified period of 2 years from the date of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 years. (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaserwithout the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto the Purchasershall have followedall instructions issued by the Company in relation to thegoods; (iii) That in thecase of defects which would have been reasonablyapparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven where in thisClause discharge of its obligations under the warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaserand Purchaser and the Company before the commencementof Companybeforethe commencement of any such repairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. 7.1 For and during the Warranty Period (a) The as defined below), Company warrants that on delivery, and for a specified period from the date of delivery (“warranty period”), the goods shall: (i) conform Goods will comply in all material respects with any applicable specification specifications for the Goods agreed by both parties to in writing between Company and Customer. If no specification for the Goods has been agreed to in advance; writing between Company and Customer, Company warrants for and during the Warranty Period that the Goods will comply in all material respects with the specifications published by Company in relation to the Goods from time to time (ii) if any), or, in the absence of any specification (agreed or published), the Goods will be free from material defects in designworkmanship or materials (the “Warranty”). 7.2 THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, material and workmanship; andWHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.3 Any claim for defect with respect to the Goods sold hereunder shall be deemed waived by Customer unless Company is notified in writing, in the case of defects apparent on visual inspection, within sixty (iii60) be days from Delivery, or, in the case of satisfactory quality defects not apparent on visual inspection, within twelve (within 12) months from Delivery (such 60 days or 12 months, as applicable, the meaning of the Sale of Goods Act 1979“Warranty Period”). All Goods claimed to be defective shall be held subject to Company’s inspection, and Company shall not be liable for the cost of any repairs performed without its express written consent. The warranty period Goods claimed to be defective may be returned prepaid to Company’s plant for Netatmo goods inspection in accordance with return shipping instructions that Company shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is 4 years The warranty period established, Company will reimburse Customer for all shipping costs incurred in connection with such return. 7.4 This Warranty is made to Customer and does not extend to any other goods person or entity and is 2 yearsnot assignable. 7.5 This Warranty shall not apply (a) if the Goods have been subject to improper storage, accident, misuse or unauthorized modifications, alterations, or repairs, or have not been installed, operated, and maintained in accordance with procedures approved by Company, (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair normal wear and tear, willful damage(c) to any errors, negligenceomissions or defects contained in the specifications or designs provided by Customer or (d) to any components manufactured by Customer or a third party not approved by Company. 7.6 Customer shall indemnify and keep Company indemnified in full against all and any direct, abnormal working conditionsindirect or consequential liabilities (all three of which terms include without limitation loss of profit, loss of business, depletion of goodwill and like loss), losses, claims, damages, costs and expenses (including all legal and other professional expenses) awarded against or incurred or paid by Company as a result of or in connection with any breach of the Contract by Customer and death or personal injury to Company’s employees or agents while such employees or agents are on any premises of Customer in connection with the Contract. Without limiting the foregoing, Customer shall indemnify Company against all claims by any third parties for any claims, loss, damage or expense resulting from the breach by Customer of any of its obligations under these Terms, including without limitation, any modification, misuse, or unapproved alteration of, or repair use of goods by the Purchaserwithout the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto thegoods; (iii) That in thecase of defects which would have been reasonablyapparent to the Purchaser on reasonable examination of the goods on deliverynon-approved components with, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven in thisClause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaserand the Company before the commencementof any such repairor remedialworkGoods. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to 7.7 To the fullest extent permitted by law, excluded from under no circumstances will Company be liable to Customer for an amount in excess of the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligenceprice paid, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would to be unlawful paid, for the Company Goods for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based in contract, warranty, indemnity, or tort (including negligence and strict liability), of any person or entity, directly or indirectly, arising out of, resulting from or related to exclude the Contract or restrict liabilitythe Goods.

Warranty and Liability. (a) The Company warrants that on delivery4.1 GSS will perform the Services with reasonable skill and care but accepts no responsibility for, and makes no warranty as to, the appropriateness of any Service for a specified period any Sightholder. 4.2 Any failure by GSS to provide the Services, either at all or in accordance with these Conditions, must be notified in writing to GSS by the Sightholder as soon as reasonably practicable and in any event within fifteen (15) business days from the date on which the Sightholder became (or ought reasonably to have become) aware of delivery the same. GSS shall not be liable for any failure unless so notified. 4.3 If GSS is satisfied after due enquiry that the Services were not provided (“warranty period”either at all or in accordance with these Conditions), the goods GSS shall: , in its sole and absolute discretion, either (i) conform in all material respects with any applicable specification agreed by both parties respect of the non-provision of the Planned ITO Services only, refund or credit the Sightholder such amount of the Supply Planning Fee as it determines to be fair and reasonable having regard to the default (and regardless of whether such Supply Planning Fee was paid in writing in advance; respect of the Planned ITO Service which was not provided) or (ii) be free from material defects make good any defect in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning provision of the Sale Service or non-performance of Goods Act 1979). The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 years the Service (b) Subject to clause 18(cincluding, in GSS’ sole and absolute discretion, by re-performing the relevant Service), if: as the case may be. GSS’s liability shall not in any event exceed (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all respect of the goods do not comply with the warranty set out in clause 18(a); Standard ITO Services, US$250,000.00 (two hundred and fifty thousand United States dollars) and (ii) in respect of the Company is given a reasonable opportunity Planned ITO Services, the Supply Planning Fee (whether or not attributable to the Planned ITO Service which was not provided) to the extent paid, or to be paid, in respect of examining such goods; andthe invoicing period during which the default occurred. 4.4 Subject to Condition 4.6, the provisions of Condition 4.3 shall constitute the Sightholder’s sole remedy in respect of the performance (iiior non-performance) of the Purchaser Services and whether for breach of contract, negligence, misrepresentation or otherwise and neither GSS nor any member of the Xx Xxxxx Group shall be liable in any circumstances for loss of profit, business or revenue (if asked to do so whether sustained by the CompanySightholder or any other person), special, indirect or consequential loss or damage (whether sustained by the Sightholder or any other person) returns such goods to or any loss arising from any claim made against the Company's place Sightholder by any other person, in each case whether foreseeable or in the contemplation of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in fullGSS. (c) The warranty given in Clause 18(a) is subject to the following provisos4.5 Except as expressly stated herein, namely: all conditions, warranties, representations and other terms, express or implied by (i) That the defects shall not have arisen through fair wear and tearstatute, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaserwithout the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto thegoods; (iii) That in thecase of defects which would have been reasonablyapparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven in thisClause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaserand the Company before the commencementof any such repairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; common law or (iii) otherwise in relation to the Services (or any other matter of them) are excluded. 4.6 Nothing in respect of which it would be unlawful for the Company this Condition 4 shall purport to exclude or restrict liabilityany liability the exclusion or restriction of which is prohibited by law.

Warranty and Liability. (a) The Company warrants that on delivery, and for a specified period of 2 years from the date of delivery delivery, or in the case of Lighting Controls systems 2 years from the date of final commissioning sign off (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 years. (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaserwithout the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto the Purchaser shall have followed all instructions issued by the Company in relationto thegoods; (iii) That in thecase the case of defects which would have been reasonablyapparent reasonably apparent to the Purchaser on Purchaseron reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working 2working days of delivery; (iv) That in the case of any other defects, the Purchasershall Purchaser shall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven where in thisClause discharge of its obligations under the warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaserand Purchaser and the Company before the commencementof Companybeforethe commencement of any such repairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 Xxx 0000 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. (a) The Company warrants that on delivery, and for a specified period of 2 years from the date of delivery (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 years. (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaserwithout the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto the Purchasershall have followedall instructions issued by the Company in relation to thegoods; (iii) That in thecase of defects which would have been reasonablyapparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery; (iv) That in the case of any other defects, the Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven where in thisClause discharge of its obligations under the warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work shall be agreed in writing between the Purchaserand Purchaser and the Company before the commencementof Companybeforethe commencement of any such repairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 Xxx 0000 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.

Warranty and Liability. (a) The Company warrants that on delivery, and for a specified period of 2 years from the date of delivery delivery, or in the case of Lighting Controls systems 2 years from the date of final commissioning sign off (“warranty period”), the goods shall: (i) conform in all material respects with any applicable specification agreed by both parties in writing in advance; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). The warranty period for Netatmo goods is 4 years The warranty period for other goods is 2 years. (b) Subject to clause 18(c), if: (i) the Purchaser gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 18(a); (ii) the Company is given a reasonable opportunity of examining such goods; and (iii) the Purchaser (if asked to do so by the Company) returns such goods to the Company's place of business at the Purchaser’s cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. (c) The warranty given in Clause 18(a) is subject to the following provisos, namely: (i) That the defects shall not have arisen through fair wear and tear, willful damage, negligence, abnormal working conditions, misuse, alteration or repair of goods by the Purchaserwithout Purchaser without the Company’sapproval; (ii) That thePurchasershallhavefollowedallinstructionsissuedbytheCompanyinrelationto thePurchasershallhavefollowedallinstructionsissuedbythe Companyin relation to thegoods; (iii) That in thecase of defects which would have been reasonablyapparent to Thatin the caseofdefectswhichwouldhavebeenreasonablyapparentto the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 2 working days of delivery; (iv) That in the case of any other defects, the Purchasershall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent and the Purchaser shall not make use of such goods after giving notice; (v) That wherein dischargeofitsobligations underthewarrantygiven in thisClause the whereindischargeofitsobligationsunder thewarrantygiveninthis Clausethe Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost ofsuchworkshall beagreedinwritingbetween the Purchaserandthe Company beforethe commencement of such work shall be agreed in writing between the Purchaserand the Company before the commencementof any such repairor remedialwork. (d) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 Xxx 0000 are, to the fullest extent permitted by law, excluded from the Contract. (e) Clause 18(a) to Clause 18(d) shall apply to any repaired or replacement goods supplied by the Company. (f) Nothing in these General Conditions of Sale shall limit or exclude the Company’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.