Common use of Warranty, liability for defects Clause in Contracts

Warranty, liability for defects. 12.1. The warranty period is 12 months, except for parts subject to wear and tear. For used equipment, the warranty period is 6 months. It begins with the departure of deliveries ex works or with the possibly agreed acceptance of deliveries and services or, as far as PLATIT has also taken over the assembly, with their termination. If shipping, acceptance or assembly is delayed for reasons for which PLATIT is not responsible, the warranty period ends at the latest 18 months after arrival at the customer. 12.2. For replaced or repaired parts, the guarantee period starts anew and lasts 6 months from the replacement or completion of the repair or the acceptance, but not longer than the expiry of a period, double the guarantee period stipulated in the preceding paragraph. 12.3. The warranty expires prematurely if the customer or third parties make changes or repairs, seals are damaged or removed, or if the customer, if a defect has occurred, does not immediately take all suitable measures to mitigate the damage and gives PLATIT the opportunity to remedy the defect. 12.4. Upon the written request of the customer, PLATIT may choose to repair or replace as quickly as possible any parts of the supplies which, before the expiry of the guarantee period, are proven to be defective due to bad material, faulty design or poor workmanship. Replaced parts shall become PLATIT’s property if it does not explicitly renounce this. Under restriction of proportionality, the PLATIT AG shall bear the costs of remedying the defective parts provided that, they do not exceed the customary costs of transport, personnel, travelling, accommodation, dismantling and reassembly of the defective parts. 12.5. Express warranties are only those which have been expressly specified as such in the order acknowledgment or in the specifications. An express warranty is valid until the expiry of the guarantee period at the latest. If the express warranties are not or only partially achieved, the customer may first of all require PLATIT to carry out the improvements immediately. The customer shall give the PLATIT AG the necessary time and possibility to do so. If these improvements fail completely or in part, the customer may claim the agreed compensation for such case or, should no such agreement exist, a reasonable reduction of price. If, however, the defects are of such significance that they cannot be remedied within a reasonable time and provided that the supplies and services cannot be used for their specified purpose, or if such use is considerably impaired, then the customer shall be entitled to refuse acceptance of the defective part or, if partial acceptance is economically not justified for him and he communicates this immediately, to terminate the contract. In this case PLATIT can only be held liable for reimbursing the sums which have been paid for the parts affected by the termination. 12.6. All deficiencies which cannot be proven to have their origin in bad material, faulty design or poor workmanship, e.g. those resulting from normal wear, improper maintenance, failure to observe the operating instructions, excessive loading, use of any unsuitable material, influence of chemical or electrolytic action, building or installation work not undertaken by PLATIT, or resulting from other reasons beyond PLATIT’s control are excluded from its guarantee and liability for defects. 12.7. With respect to any defective material, design or workmanship as well as to any failure to fulfil express warranties, the customer shall not be entitled to any rights and claims other than those expressly stipulated in Clauses 12.1 to 12.7.

Warranty, liability for defects. 12.1. The warranty period is 12 months, except for parts subject to wear and tear. For used equipment, the warranty period is 6 months. It begins with the departure of deliveries ex works or with the possibly agreed acceptance of deliveries and services or, as far as PLATIT has also taken over the assembly, with their termination. If shipping, acceptance or assembly is delayed for reasons for which PLATIT is not responsible, the warranty period ends at the latest 18 months after arrival at the customer. 12.2. For replaced or repaired parts, the guarantee period starts anew and lasts 6 months from the replacement or completion of the repair or the acceptance, but not longer than the expiry of a period, double the guarantee period stipulated in the preceding paragraph. 12.3. The warranty expires prematurely if the customer or third parties make changes or repairs, seals are damaged or removed, or if the customer, if a defect has occurred, does not immediately take all suitable measures to mitigate the damage and gives PLATIT the opportunity to remedy the defect. 12.4. Upon the written request of the customer, PLATIT may choose to repair or replace as quickly as possible any parts of the supplies which, before the expiry of the guarantee period, are proven to be defective due to bad material, faulty design or poor workmanship. Replaced parts shall become PLATIT’s property if it does not explicitly renounce this. Under restriction of proportionality, the PLATIT AG a.s. shall bear the costs of remedying the defective parts provided that, they do not exceed the customary costs of transport, personnel, travelling, accommodation, dismantling and reassembly of the defective parts. 12.5. Express warranties are only those which have been expressly specified as such in the order acknowledgment or in the specifications. An express warranty is valid until the expiry of the guarantee period at the latest. If the express warranties are not or only partially achieved, the customer may first of all require PLATIT to carry out the improvements immediately. The customer shall give the PLATIT AG the necessary time and possibility to do so. If these improvements fail completely or in part, the customer may claim the agreed compensation for such case or, should no such agreement exist, a reasonable reduction of price. If, however, the defects are of such significance that they cannot be remedied within a reasonable time and provided that the supplies and services cannot be used for their specified purpose, or if such use is considerably impaired, then the customer shall be entitled to refuse acceptance of the defective part or, if partial acceptance is economically not justified for him and he communicates this immediately, to terminate the contract. In this case PLATIT can only be held liable for reimbursing the sums which have been paid for the parts affected by the termination. 12.6. All deficiencies which cannot be proven to have their origin in bad material, faulty design or poor workmanship, e.g. those resulting from normal wear, improper maintenance, failure to observe the operating instructions, excessive loading, use of any unsuitable material, influence of chemical or electrolytic action, building or installation work not undertaken by PLATIT, or resulting from other reasons beyond PLATIT’s control are excluded from its guarantee and liability for defects. 12.7. With respect to any defective material, design or workmanship as well as to any failure to fulfil express warranties, the customer shall not be entitled to any rights and claims other than those expressly stipulated in Clauses 12.1 to 12.7.

Warranty, liability for defects. 12.1. 11.1 The warranty period is 12 monthsmonths commencing with delivery or, except for parts subject to wear and tear. For used equipmentif agreed in writing, with the acceptance of the delivery, the warranty period is 6 months. It begins completion of the service or, if Supplier has also assumed responsibility for the supervision of the erection, with the departure completion of deliveries ex works or with the possibly agreed acceptance of deliveries and services or, as far as PLATIT has also taken over the assembly, with their terminationerection. If shipping, acceptance or assembly is delayed for reasons for which PLATIT is not responsible, the The warranty period ends at the latest expires no later than 18 months after arrival at from the customer. 12.2date the delivery is notified ready for shipment. For replaced or repaired parts, the guarantee warranty period starts anew and lasts is 6 months from starting with the replacement or replacement, completion of the repair or acceptance respectively. It ends no later than 12 months after the acceptance, but not longer than end of the expiry of a period, double the guarantee warranty period stipulated as specified in the preceding previous paragraph. 12.3. The No warranty expires prematurely is given if the customer Purchaser or third parties make changes modifications or repairsrepairs or, seals are damaged or removed, or if the customerin case of a defect, if a defect has occurred, Purchaser does not immediately take all suitable measures to mitigate reduce the possible damage and gives PLATIT give Supplier the opportunity chance to remedy the defect. 12.4. 11.2 Upon the written request notification of the customerPurchaser, PLATIT may choose to repair any defective or replace as quickly as possible any useless parts of the supplies whichdelivery detected during the warranty period shall be either repaired or replaced by Supplier (at his own option), before the expiry of the guarantee period, provided that such defects are proven to be defective due to bad material, faulty defective material or design and construction or poor workmanshipnegligent service. Replaced parts become the property of Supplier. Supplier shall become PLATIT’s property if it does bear all costs resulting from the repair or replacement of the defect parts in his facilities; should the repair not explicitly renounce thisbe possible in the facilities of Supplier or only with unreasonable efforts, Supplier shall bear all adequate costs resulting from the repair of a delivery or the replacement of defect parts outside of his facilities. Under restriction All other costs shall be borne by Purchaser. 11.3 No representations and warranties are given for the delivery or the services other than those expressly stated in the confirmation of proportionalityorder or the agreed specifications. Such warranty shall expire at the end of the warranty period according to paragraph 11. 1. However, in case an acceptance inspection is agreed, the PLATIT AG warranty shall bear the costs of remedying the defective parts provided that, they do not exceed the customary costs of transport, personnel, travelling, accommodation, dismantling and reassembly of the defective parts. 12.5. Express warranties are only those which be deemed to have been expressly specified as met if the characteristics in question are verified on the occasion of such inspection. Purchaser shall be entitled to immediate repair by Supplier in case the order acknowledgment or in the specifications. An express warranty is valid until the expiry of the guarantee period at the latest. If the express warranties warranted characteristics are not or only partially achieved, the customer may first of all require PLATIT to carry out the improvements immediatelypartly met. The customer Purchaser shall give the PLATIT AG grant Supplier the necessary time and possibility opportunity to do so. If these improvements fail completely Should the repair not or in partonly partly be successful, the customer may claim the Purchaser shall be entitled to an agreed compensation for such case or, should if no such agreement existcompensation was agreed upon, a reasonable reduction to an adequate price reduction. Purchaser shall be entitled to decline acceptance of price. If, however, the defective part of the delivery or service in case the defects are of such significance that they cannot too severe to be remedied within a reasonable time in due course and provided that in case the supplies and deliveries or services cannot be used or can only be used to a very limited extent for their specified purpose, or if such use is considerably impaired, then the customer purpose indicated. Purchaser shall be entitled to refuse rescind this contract in case a partial acceptance of the defective part or, if partial acceptance is economically delivery by Purchaser cannot justified for reasonably be expected from him and he communicates this immediately, to terminate the contractfrom an economic point of view. In this case PLATIT can such case, Supplier shall only be held obliged to return the amounts paid to him by Xxxxxxxxx to that date. 11.4 No warranty shall be given and Supplier shall not be liable for reimbursing the sums which have been paid for the parts affected by the termination. 12.6. All deficiencies which candamages that are not be proven due to have their origin in bad materialdefective material or design and construction or negligent rendering of deliveries or services such as wear and tear, faulty design or poor workmanship, e.g. those resulting from normal wear, improper insufficient maintenance, failure to observe the operating instructionsviolation of operation guidelines, excessive loadinguse, use of any unsuitable materialinadequate rolling-stock, influence of chemical or electrolytic actioneffects, building construction or installation erection work not undertaken carried out by PLATIT, or resulting from Supplier and other reasons beyond PLATIT’s the control are excluded from its guarantee and liability for defectsof Supplier. 12.711.5 The services rendered by subcontractors chosen by Purchaser shall be warranted by Supplier only to the extent of the warranty given by such subcontractor to Supplier.‌ 11.6 Any claims and rights of Purchaser other than those specified under paragraphs 11.1. With respect to any 11.5. for defective material, design and construction or workmanship rendered services as well as to any the lacking of or failure to fulfil express warrantiesmeet warranted characteristics or possible other warranties are excluded. 11.7 For claims of Purchaser relating to insufficient counseling and the like or to a violation of any secondary obligations, the customer Supplier shall not be entitled to any rights and claims other than those expressly stipulated in Clauses 12.1 to 12.7liable only for unlawful intent or gross negligence.

Warranty, liability for defects. 12.1. 14.1 Warranty period The warranty limitation period is for claims arising from breaches of warranties and representations shall be 12 months, except for parts subject to wear and tear. For used equipment, the warranty period is 6 months. It begins with commences upon signing of the departure of deliveries ex works or with acceptance report (Factory Acceptance Test) and at the possibly agreed acceptance of deliveries and services or, as far as PLATIT latest 3 months after the system has also taken over the assembly, with their terminationleft Bystronic's manufacturing facility. If shippingshipment, acceptance or assembly is are delayed for reasons for which PLATIT is not responsibleattributable to Bystronic, the warranty limitation period ends shall end at the latest 18 months after arrival at the customer. 12.2notification of readiness for shipment. For parts that are replaced or repaired partsrepaired, the guarantee limitation period starts shall start anew and lasts 6 last for 12 months from the replacement or after replacement, completion of the repair or the acceptance, but not longer than the expiry of a period, double the guarantee period stipulated in the preceding paragraph. 12.3. The warranty expires prematurely shall expire early if the customer Customer or a third parties make changes party makes alterations or repairs, seals are damaged or removed, repairs or if the customerCustomer, if in the event a defect has occurredbecomes apparent, does not immediately fails to promptly take all suitable appropriate measures to mitigate the damage and gives PLATIT to provide Bystronic with the opportunity to remedy the defect. 12.4. 14.2 Liability for defects in materials, construction and execution Upon the written request of the customerCustomer, PLATIT may choose Bystronic shall be obligated to repair or replace as quickly as possible any (at its option) within a reasonable period, subject to timely notification of the defect, all parts of the supplies which, before system of Bystronic that up to the expiry end of the guarantee periodlimitation period are shown to have become damaged or unusable as a result of poor materials, are proven to be defective due to bad material, faulty design construction or poor workmanshipimproper execution. Replaced parts Parts that have been replaced shall become PLATIT’s the property if of Bystronic, unless it does not explicitly renounce thisexpressly waives its right to them. Under restriction of proportionality, the PLATIT AG Bystronic shall bear the costs of remedying the defective parts remediation within reason, provided that, they do not exceed the customary costs of transportusual transportation, personnel, travelling, accommodation, dismantling travel and reassembly accommodation costs as well as the usual costs for the installation and disassembly of the defective parts. 12.5. Express warranties 14.3 Liability for warranted characteristics Only those characteristics that are only those which have been expressly specified designated as such warranted characteristics in the order acknowledgment Order Confirmation or in the specificationsspecifications shall count as such. An express warranty is valid until Defect-related rights arising from breaches of warranties and representations shall expire at the expiry end of the guarantee period at limitation period. If it is shown during acceptance testing that warranted characteristics are met, the latestcorresponding performance obligations shall be deemed to have been provided free of defects. If the express warranties warranted characteristics are not met or only partially achievedmet, the customer may first of all require PLATIT Customer's exclusive claim shall be to carry out the improvements immediately. The customer shall give the PLATIT AG the necessary time and possibility to do soremediation by Bystronic within a reasonable period. If these improvements fail completely the remediation is unsuccessful or in part, the customer may claim the agreed compensation for such case or, should no such agreement exist, a reasonable reduction of price. Ifonly partially successful, however, the defects are of such significance that they cannot be remedied within a reasonable time and provided that the supplies and services cannot be used for their specified purpose, or if such use is considerably impaired, then the customer Customer shall be entitled to the compensation agreed for this case or, where no such agreement has been made, to a reasonable price reduction. The agreed compensation shall be deemed to be final. Any further claims are excluded. If after remediation the system does not correspond or hardly corresponds to the agreed characteristics and specifications, the Customer shall be entitled to definitively refuse acceptance of the defective part or, if partial acceptance is economically not justified for him and he communicates this immediately, to terminate the contractpart. In this case PLATIT Bystronic can only be held liable for reimbursing obligated to refund the sums which have amounts that it has been paid for the parts affected by the terminationparts. 12.6. All deficiencies which cannot be proven to have their origin in bad material, faulty design or poor workmanship, e.g. those resulting from normal wear, improper maintenance, failure to observe the operating instructions, excessive loading, use of any unsuitable material, influence of chemical or electrolytic action, building or installation work not undertaken by PLATIT, or resulting from other reasons beyond PLATIT’s control are excluded from its guarantee and liability for defects. 12.7. With respect to any defective material, design or workmanship as well as to any failure to fulfil express warranties, the customer shall not be entitled to any rights and claims other than those expressly stipulated in Clauses 12.1 to 12.7.

Warranty, liability for defects. 12.1. The warranty period is 12 months, except for parts subject to wear and tear. For used equipment, the warranty period is 6 months. It begins with the departure of deliveries ex works or with the possibly agreed acceptance of deliveries and services or, as far as PLATIT has also taken over the assembly, with their termination. If shipping, acceptance or assembly is delayed for reasons for which PLATIT is not responsible, the warranty period ends at the latest 18 months after arrival at the customerBUYER. 12.2. For replaced or repaired parts, the guarantee period starts anew and lasts 6 months from the replacement or completion of the repair or the acceptance, but not longer than the expiry of a period, double the guarantee period stipulated in the preceding paragraph. 12.3. The warranty expires prematurely if the customer BUYER or third parties make changes or repairs, seals are damaged or removed, or if the customerBUYER, if a defect has occurred, does not immediately take all suitable measures to mitigate the damage and gives PLATIT the opportunity to remedy the defect. 12.4. Upon the written request of the customerBUYER, PLATIT may choose to repair or replace as quickly as possible any parts of the supplies which, before the expiry of the guarantee period, are proven to be defective due to bad material, faulty design or poor workmanship. Replaced parts shall become PLATIT’s property if it does not explicitly renounce this. Under restriction of proportionality, the PLATIT AG shall bear the costs of remedying the defective parts provided that, they do not exceed the customary costs of transport, personnel, travelling, accommodation, dismantling and reassembly of the defective parts. 12.5. Express warranties are only those which have been expressly specified as such in the order acknowledgment or in the specifications. An express warranty is valid until the expiry of the guarantee period at the latest. If the express warranties are not or only partially achieved, the customer BUYER may first of all require PLATIT to carry out the improvements immediately. The customer BUYER shall give the PLATIT AG the necessary time and possibility to do so. If these improvements fail completely or in part, the customer BUYER may claim the agreed compensation for such case or, should no such agreement exist, a reasonable reduction of price. If, however, the defects are of such significance that they cannot be remedied within a reasonable time and provided that the supplies and services cannot be used for their specified purpose, or if such use is considerably impaired, then the customer BUYER shall be entitled to refuse acceptance of the defective part or, if partial acceptance is economically not justified for him and he communicates this immediately, to terminate the contract. In this case PLATIT can only be held liable for reimbursing the sums which have been paid for the parts affected by the termination. 12.6. All deficiencies which cannot be proven to have their origin in bad material, faulty design or poor workmanship, e.g. those resulting from normal wear, improper maintenance, failure to observe the operating instructions, excessive loading, use of any unsuitable material, influence of chemical or electrolytic action, building or installation work not undertaken by PLATIT, or resulting from other reasons beyond PLATIT’s control are excluded from its guarantee and liability for defects. 12.7. With respect to any defective material, design or workmanship as well as to any failure to fulfil express warranties, the customer BUYER shall not be entitled to any rights and claims other than those expressly stipulated in Clauses 12.1 to 12.7.

Warranty, liability for defects. 12.1. The warranty period is 12 months, except for parts subject to wear and tear. For used equipment, the warranty period is 6 months. It begins with the departure of deliveries ex works or with the possibly agreed acceptance of deliveries and services or, as far as PLATIT has also taken over the assembly, with their termination. If shipping, acceptance or assembly is delayed for reasons for which PLATIT is not responsible, the warranty period ends at the latest 18 months after arrival at the customer. 12.2. For replaced or repaired parts, the guarantee period starts anew and lasts 6 months from the replacement or completion of the repair or the acceptance, but not longer than the expiry of a period, double the guarantee period stipulated in the preceding paragraph. 12.3. The warranty expires prematurely if the customer or third parties make changes or repairs, seals are damaged or removed, or if the customer, if a defect has occurred, does not immediately take all suitable measures to mitigate the damage and gives PLATIT the opportunity to remedy the defect. 12.4. Upon the written request of the customer, PLATIT may choose to repair or replace as quickly as possible any parts of the supplies which, before the expiry of the guarantee period, are proven to be defective due to bad material, faulty design or poor workmanship. Replaced parts shall become PLATIT’s property if it does not explicitly renounce this. Under restriction of proportionality, the PLATIT AG shall bear the costs of remedying the defective parts provided that, they do not exceed the customary costs of transport, personnel, travelling, accommodation, dismantling and reassembly of the defective parts. 12.5. Express warranties are only those which have been expressly specified as such in the order acknowledgment or in the specifications. An express warranty is valid until the expiry of the guarantee period at the latest. If the express warranties are not or only partially achieved, the customer may first of all require PLATIT to carry out the improvements immediately. The customer shall give the PLATIT AG the necessary time and possibility to do so. If these improvements fail completely or in part, the customer may claim the agreed compensation for such case or, should no such agreement exist, a reasonable reduction of price. If, however, the defects are of such significance that they cannot be remedied within a reasonable time and provided that the supplies and services cannot be used for their specified purpose, or if such use is considerably impaired, then the customer shall be entitled to refuse acceptance of the defective part or, if partial acceptance is economically not justified for him and he communicates this immediately, to terminate the contract. In this case PLATIT can only be held liable for reimbursing the sums which have been paid for the parts affected by the termination. 12.6. All deficiencies which cannot be proven to have their origin in bad material, faulty design or poor workmanship, e.g. those resulting from normal wear, improper maintenance, failure to observe the operating instructions, excessive loading, use of any unsuitable material, influence of chemical or electrolytic action, building or installation work not undertaken by PLATIT, or resulting from other reasons beyond PLATIT’s control are excluded from its guarantee and liability for defects. 12.7. With respect to any defective material, design or workmanship as well as to any failure to fulfil express warranties, the customer shall not be entitled to any rights and claims other than those expressly stipulated in Clauses 12.1 to 12.7.

Warranty, liability for defects. 12.1. The warranty period is 12 months, except for parts subject to wear and tear. For used equipment, the warranty period is 6 months. It begins with the departure of deliveries ex works or with the possibly agreed acceptance of deliveries and services or, as far as PLATIT has also taken over the assembly, with their termination. If shipping, acceptance or assembly is delayed for reasons for which PLATIT is not responsible, the warranty period ends at the latest 18 months after arrival at the customer. 12.2. For replaced or repaired parts, the guarantee period starts anew and lasts 6 months from the replacement or completion of the repair or the acceptance, but not longer than the expiry of a period, double the guarantee period stipulated in the preceding paragraph. 12.3. The warranty expires prematurely if the customer or third parties make changes or repairs, seals are damaged or removed, or if the customer, if a defect has occurred, does not immediately take all suitable measures to mitigate the damage and gives PLATIT the opportunity to remedy the defect. 12.4. Upon the written request of the customer, PLATIT may choose to repair or replace as quickly as possible any parts of the supplies which, before the expiry of the guarantee period, are proven to be defective due to bad material, faulty design or poor workmanship. Replaced parts shall become PLATIT’s property if it does not explicitly renounce this. Under restriction of proportionality, the PLATIT AG a.s. shall bear the costs of remedying the defective parts provided that, they do not exceed the customary costs of transport, personnel, travelling, accommodation, dismantling and reassembly of the defective parts. 12.5. Express warranties are only those which have been expressly specified as such in the order acknowledgment or in the specifications. An express warranty is valid until the expiry of the guarantee period at the latest. If the express warranties are not or only partially achieved, the customer may first of all require PLATIT to carry out the improvements immediately. The customer shall give the PLATIT AG a.s. the necessary time and possibility to do so. If these improvements fail completely or in part, the customer may claim the agreed compensation for such case or, should no such agreement exist, a reasonable reduction of price. If, however, the defects are of such significance that they cannot be remedied within a reasonable time and provided that the supplies and services cannot be used for their specified purpose, or if such use is considerably impaired, then the customer shall be entitled to refuse acceptance of the defective part or, if partial acceptance is economically not justified for him and he communicates this immediately, to terminate the contract. In this case PLATIT can only be held liable for reimbursing the sums which have been paid for the parts affected by the termination. 12.6. All deficiencies which cannot be proven to have their origin in bad material, faulty design or poor workmanship, e.g. those resulting from normal wear, improper maintenance, failure to observe the operating instructions, excessive loading, use of any unsuitable material, influence of chemical or electrolytic action, building or installation work not undertaken by PLATIT, or resulting from other reasons beyond PLATIT’s control are excluded from its guarantee and liability for defects. 12.7. With respect to any defective material, design or workmanship as well as to any failure to fulfil express warranties, the customer shall not be entitled to any rights and claims other than those expressly stipulated in Clauses 12.1 to 12.7.

Warranty, liability for defects. 12.1. 11.1 The warranty period is 12 months, except for parts subject a one-shift operation. The multi- shift operation must be agreed separately with the Supplier and paid for by the customer, multi-shift operation shall be confirmed with the Confirmation of Order. The warranty period commences with the date of delivery of Supplies or, if the Supplier has also assumed responsibility of installation, upon completion of installation. If dispatch, taking- over or installation are delayed due to wear and tear. For used equipmentreasons beyond Supplier’s control, the warranty guarantee period is 6 months. It begins with the departure of deliveries ex works or with the possibly agreed acceptance of deliveries and services or, as far as PLATIT has also taken over the assembly, with their termination. If shipping, acceptance or assembly is delayed for reasons for which PLATIT is shall end not responsible, the warranty period ends at the latest later than 18 months after arrival at Supplier’s notification that the customer. 12.2Supplies are ready for dispatch. For replaced or repaired parts, parts the guarantee warranty period starts anew and lasts 6 months from the replacement or completion of the repair or the acceptancetaking-over, but not longer than the expiry of a period, period double the guarantee warranty period stipulated in the preceding paragraph. 12.3. The warranty expires prematurely if the customer or a third parties make changes party undertakes modifications or repairs, seals are damaged or removed, repairs or if the customer, if in case of a defect has occurreddefect, does not immediately take all suitable measures appropriate steps to mitigate the damage and gives PLATIT give the opportunity Supplier the possibility to remedy the defect. 12.4. 11.2 Upon the written request of the customer, PLATIT the Supplier may choose to repair or replace as quickly as possible any parts of the supplies Supplies which, before the expiry of the guarantee warranty period, are proven to be defective due to bad material, faulty design or poor workmanship. Replaced parts shall become PLATITthe Supplier’s property if it he does not explicitly renounce this. Under restriction of proportionality, the PLATIT AG Supplier shall bear the costs of remedying remedy the defective parts provided that, that they do not exceed the customary costs of transport, personnel, travelling, accommodation, dismantling and reassembly of the defective parts. 12.5. 11.3 Express warranties are only those which have been expressly specified as such in the order acknowledgment Confirmation of Order or in the specifications. An express warranty is valid until the expiry of the guarantee warranty period at the latest. If the express warranties are not or only partially achieved, the customer may first of all require PLATIT the Supplier to carry out the improvements immediately. The Hereto, the customer shall grant the Supplier a grace period of at least 4 weeks to give the PLATIT AG Supplier the necessary time and possibility opportunity to do sorectify the defect. If these improvements remedy fail completely or in part, the customer may claim the agreed compensation for such case or, should no such agreement exist, a reasonable reduction of price. If, however, the defects are of such significance that they cannot be remedied within a reasonable time and provided that the supplies and services Supplies cannot be used for their specified purpose, or if such use is considerably impaired, then the customer shall be entitled to refuse acceptance of the defective part or, if partial acceptance is economically not justified for him and he communicates this immediately, to terminate the contractAgreement. In this case PLATIT the Supplier can only be held liable for reimbursing the sums which have been paid to him for the parts affected by the termination. 12.6. 11.4 All deficiencies which cannot be proven to have their origin in bad material, faulty design or poor workmanship, e.g. those resulting from normal wear, improper maintenance, failure to observe the operating instructions, excessive loading, use of any unsuitable material, influence of chemical or electrolytic action, building or installation work not undertaken by PLATITthe Supplier, or resulting from other reasons beyond PLATITSupplier’s control are excluded from its the Supplier’s guarantee and liability for defects. Excluded from the liability for defects are deficiencies that are attributable to the customer's design specifications or the customer's specifications for the use of a particular material. 12.7. 11.5 With respect to any defective material, design or workmanship as well as to any failure to fulfil express warranties, the customer shall not be entitled to any rights and claims other than those expressly stipulated in Clauses 12.1 11.1 to 12.711.4.

Warranty, liability for defects. 12.1. The warranty period is 12 months, except for parts subject to wear and tear. For used equipment, the warranty period is 6 months. It begins with the departure of deliveries ex works or with the possibly agreed acceptance of deliveries and services or, as far as PLATIT has also taken over the assembly, with their termination. If shipping, acceptance or assembly is delayed for reasons for which PLATIT is not responsible, the warranty period ends at the latest 18 months after arrival at the customerBUYER. 12.2. For replaced or repaired parts, the guarantee period starts anew and lasts 6 months from the replacement or completion of the repair or the acceptance, but not longer than the expiry of a period, double the guarantee period stipulated in the preceding paragraph. 12.3. The warranty expires prematurely if the customer BUYER or third parties make changes or repairs, seals are damaged or removed, or if the customerBUYER, if a defect has occurred, does not immediately take all suitable measures to mitigate the damage and gives PLATIT the opportunity to remedy the defect. 12.4. Upon the written request of the customerBUYER, PLATIT may choose to repair or replace as quickly as possible any parts of the supplies which, before the expiry of the guarantee period, are proven to be defective due to bad material, faulty design or poor workmanship. Replaced parts shall become PLATIT’s property if it does not explicitly renounce this. Under restriction of proportionality, the PLATIT AG PLATIT a. s. shall bear the costs of remedying the defective parts provided that, they do not exceed the customary costs of transport, personnel, travelling, accommodation, dismantling and reassembly of the defective parts. 12.5. Express warranties are only those which have been expressly specified as such in the order acknowledgment or in the specifications. An express warranty is valid until the expiry of the guarantee period at the latest. If the express warranties are not or only partially achieved, the customer BUYER may first of all require PLATIT to carry out the improvements immediately. The customer BUYER shall give the PLATIT AG the necessary time and possibility to do so. If these improvements fail completely or in part, the customer may claim the agreed compensation for such case or, should no such agreement exist, a reasonable reduction of price. If, however, the defects are of such significance that they cannot be remedied within a reasonable time and provided that the supplies and services cannot be used for their specified purpose, or if such use is considerably impaired, then the customer shall be entitled to refuse acceptance of the defective part or, if partial acceptance is economically not justified for him and he communicates this immediately, to terminate the contract. In this case PLATIT can only be held liable for reimbursing the sums which have been paid for the parts affected by the termination. 12.6. All deficiencies which cannot be proven to have their origin in bad material, faulty design or poor workmanship, e.g. those resulting from normal wear, improper maintenance, failure to observe the operating instructions, excessive loading, use of any unsuitable material, influence of chemical or electrolytic action, building or installation work not undertaken by PLATIT, or resulting from other reasons beyond PLATIT’s control are excluded from its guarantee and liability for defects. 12.7. With respect to any defective material, design or workmanship as well as to any failure to fulfil express warranties, the customer shall not be entitled to any rights and claims other than those expressly stipulated in Clauses 12.1 to 12.7.

Warranty, liability for defects. 12.1. The warranty period is 12 months, except for parts subject subjected to wear and tear. For used equipment, the warranty period is 6 months. It begins with the departure of deliveries ex works or with the possibly agreed acceptance of deliveries and services or, as far as PLATIT has also taken over the assembly, with their termination. If shipping, acceptance or assembly is delayed for reasons for which PLATIT is not responsible, the warranty period ends at the latest 18 months after arrival at the customer. 12.2. For replaced or repaired parts, the guarantee period starts anew and lasts 6 months from the replacement or completion of the repair or the acceptance, but not longer than the expiry of a period, double the guarantee period stipulated in the preceding paragraph. 12.3. The warranty expires prematurely if the customer or third parties make changes or repairs, seals are damaged or removed, or if the customer, if a defect has occurred, does not immediately take all suitable measures to mitigate the damage and gives PLATIT the opportunity to remedy the defect. 12.4. Upon the written request of the customer, PLATIT may choose to repair or replace as quickly as possible any parts of the supplies which, before the expiry of the guarantee period, are proven to be defective due to bad material, faulty design or poor workmanship. Replaced parts shall become PLATIT’s property if it does not explicitly renounce this. Under restriction of proportionality, the PLATIT AG INC shall bear the costs of remedying the defective parts provided that, they do not exceed the customary costs of transport, personnel, travelling, accommodation, dismantling and reassembly of the defective parts. 12.5. Express warranties are only those which have been expressly specified as such in the order acknowledgment or in the specifications. An express warranty is valid until the expiry of the guarantee period at the latest. If the express warranties are not or only partially achieved, the customer may first of all require PLATIT to carry out the improvements immediately. The customer shall give the PLATIT AG INC the necessary time and possibility to do so. If these improvements fail completely or in part, the customer may claim the agreed compensation for such case or, should no such agreement exist, a reasonable reduction of price. If, however, the defects are of such significance that they cannot be remedied within a reasonable time and provided that the supplies and services cannot be used for their specified purpose, or if such use is considerably impaired, then the customer shall be entitled to refuse acceptance of the defective part or, if partial acceptance is economically not justified for him and he communicates this immediately, to terminate the contract. In this case PLATIT can only be held liable for reimbursing the sums which have been paid for the parts affected by the termination. 12.6. All deficiencies which cannot be proven to have their origin in bad material, faulty design or poor workmanship, e.g. those resulting from normal wear, improper maintenance, failure to observe the operating instructions, excessive loading, use of any unsuitable material, influence of chemical or electrolytic action, building or installation work not undertaken by PLATIT, or resulting from other reasons beyond PLATIT’s control are excluded from its guarantee and liability for defects. 12.7. With respect to any defective material, design or workmanship as well as to any failure to fulfil express warranties, the customer shall not be entitled to any rights and claims other than those expressly stipulated in Clauses 12.1 to 12.7.

Warranty, liability for defects. 12.113.1 Material warranty period (guarantee period) The period for asserting material warranty claims is 24 months. Thereafter, any warranty claims are excluded. The warranty period is 12 months, except for parts subject to wear and tear. For used equipment, the warranty period is 6 months. It begins with the departure dispatch of deliveries the delivery ex works or with the possibly agreed acceptance of deliveries and services or, as far as PLATIT has also taken over the assembly, with their terminationdelivery. If shipping, acceptance or assembly No warranty is delayed given for reasons for which PLATIT is not responsible, the warranty period ends at the latest 18 months after arrival at the customer. 12.2wear parts. For replaced or repaired parts, the guarantee period starts anew and lasts 6 months from the replacement or completion of the repair or the acceptance, but not longer than the expiry of a period, double the guarantee period stipulated in the preceding paragraph. 12.3. The warranty expires Warranty claims shall expire prematurely if the customer purchaser or third parties make changes improper modifications or repairs, seals are damaged repairs by experts not designated by Lightwing or removed, corresponding maintenance company or if the customerif, if a defect has occurred, Customer does not immediately take all suitable appropriate measures to mitigate the damage and gives PLATIT Lightwing the opportunity to remedy the defect... 12.4. Upon 13.2 Liability for defects in material, construction and execution Lightwing undertakes, at the written request of the customerCustomer, PLATIT may choose to repair or replace as quickly soon as possible any at its discretion all parts of the supplies which, before Lightwing's deliveries that demonstrably become defective or unusable until the expiry of the guarantee period, are proven to be defective due to bad warranty period as a result of poor material, faulty design or poor defective workmanship. Replaced parts shall become PLATIT’s the property if it does not explicitly renounce thisof Lightwing, unless expressly waived by Lightwing. Under restriction of proportionality, the PLATIT AG Lightwing shall bear the costs of remedying rectification incurred in its factory. If rectification is not possible at Lightwing's factory, the defective parts provided thatassociated costs, insofar as they do not exceed the customary costs of usual transport, personnel, travelling, accommodation, dismantling travel and reassembly accommodation costs as well as the costs for the installation and removal of the defective parts, shall be borne by the customer. For the assertion of material warranty claims, the written form must be chosen. 12.5. Express warranties 13.3 Liability for granted characteristics Warranted characteristics are only those which that have been expressly specified designated as such in the order acknowledgment confirmation or in the specifications. An express The warranty is valid until the expiry of the guarantee warranty period at the latest. If an acceptance test has been agreed, the express warranties assurance shall be deemed to have been fulfilled if proof of the relevant properties has been provided on the occasion of this test. If the warranted characteristics are not or only partially achievedfulfilled, the Customer shall initially be entitled to immediate rectification by Lightwing. For this purpose, the customer may first of all require PLATIT to carry out the improvements immediately. The customer shall give the PLATIT AG must grant Lightwing the necessary time and possibility to do soopportunity. If these improvements fail completely this rectification does not succeed or in partonly partially, the customer may claim is entitled to the compensation agreed compensation for such this case or, should no if such an agreement existhas not been made, a reasonable to an appropriate reduction of the price. If, however, If the defects are of such significance defect is so serious that they it cannot be remedied within a reasonable period of time and provided that the supplies and deliveries or services cannot be used for their specified purposethe stated purpose or can only be used to a significantly reduced extent, or if such use is considerably impaired, then the customer shall be entitled has the right to refuse acceptance of the defective part or, if partial acceptance is economically not justified unreasonable for him and he communicates this immediatelyhim, to terminate withdraw from the contract. In this case PLATIT Lightwing can only be held liable for reimbursing obliged to refund the sums which have been amounts paid to it for the parts affected by the terminationwithdrawal. 12.6. All deficiencies which can13.4 Exclusions from liability for defects Excluded from Lightwing's warranty and liability are damages that are not be proven to have their origin in bad demonstrably caused by poor material, faulty design or poor defective workmanship, e.g. those resulting from normal wearas a result of natural wear and tear, improper inadequate maintenance, failure to observe the disregard of operating instructions, excessive loadingstress, use of any unsuitable materialoperating materials, influence of chemical or electrolytic actioninfluences, building not caused by Lightwing or installation work an authorized maintenance operation construction or assembly work, as well as as as for other reasons for which Lightwing is not undertaken by PLATIT, or responsible. Lightwing shall be liable within the scope of the warranty for damages resulting from other reasons beyond PLATIT’s control are excluded from its guarantee faulty software, only if the customer has not influenced it in any way. In particular, the making of changes to the software or contacting third-party software, the execution of parameter settings by personnel not trained for this purpose and liability for defectsoperation not carried out in accordance with the operating instructions shall be deemed to be an influence. 12.7. With respect 13.5 Deliveries and services of subcontractors For deliveries and services of sub-suppliers prescribed by the purchaser, Lightwing shall assume the warranty only within the scope of the warranty obligations of the relevant sub-suppliers. 13.6 Exclusivity of material warranty claims Due to any defective defects in material, design construction or workmanship as well as due to any failure to fulfil express warrantiesthe absence of warranted properties, the customer shall not be entitled to any has no rights and claims other than those expressly stipulated stated in Clauses 12.1 clause 13.1 to 12.7clause 13.5. Any further warranty, in particular for any consequential damages, is excluded. 13.7 Liability for collateral duties Lightwing shall only be liable for claims of the customer due to inadequate advice and the like or due to violation of any ancillary obligations in the event of unlawful intent or gross negligence. 13.8 Infringement of third-party rights (Legal warranty) Lightwing warrants that it has all rights to perform its services in accordance with the contract. If a third party asserts a better right with regard to the delivered item, the customer shall notify Lightwing in writing within 5 days. Subject to timely notification and the provision of all reasonable support at all times, Lightwing shall defend the Customer against such third-party claims at its expense. Lightwing will, if necessary, modify its services so that they do not infringe third party rights while fulfilling all essential requirements of the Customer, or it will provide Customer with a license from the third party at its expense. If neither of these claims is successful, Lightwing shall compensate the Customer for any direct damage incurred by the Customer as a result of enforced third-party claims. Any further warranty, in particular for any consequential damages, is excluded.

Warranty, liability for defects. 12.110.1 Monosuisse hereby warrants that the products delivered are free from material and manufacturing defects. The product characteristics conform exclusively to those described in the respective technical documentation issued by Monosuisse. Unless expressly agreed between the parties, Monosuisse does not give any assurances regarding the marketability or the fitness of the products for the use intended by the customer. Any and all liabil- ity on the part of Monosuisse, arising from or in connection with the use of the products, is thereby ex- cluded, unless Monosuisse has given such an express assurance to the customer. Such assurance will cease to apply no later than the end of the warranty period is period. 10.2 The warranty on the specified characteristics of all products of Monosuisse commences on the deliv- ery date and lasts for 12 months, except for parts subject to wear and tear. For used equipment, the warranty period is 6 months. It begins with the departure of deliveries ex works or with the possibly agreed acceptance of deliveries and services or, as far as PLATIT has also taken over the assembly, with their termination. If shipping, acceptance or assembly is delayed for reasons for which PLATIT is not responsible, the warranty period ends at the latest 18 months after arrival at the customer. 12.2. For replaced or repaired parts, the guarantee period starts anew and lasts 6 months from the replacement or completion of the repair or the acceptance, but not longer than the expiry of a period, double the guarantee period stipulated in the preceding paragraph. 12.3. 10.3 The warranty expires will expire prematurely if the customer or third parties make changes undertake improper operations, storage, modifications or repairsrepairs or if, seals are damaged or removed, or if in the customer, if event of a defect has occurred, does not immediately take all suitable measures to mitigate the damage and gives PLATIT the opportunity to remedy the defect. 12.4. Upon the written request of the customer, PLATIT may choose to repair or replace as quickly as possible any parts of the supplies which, before the expiry of the guarantee period, are proven to be defective due to bad material, faulty design or poor workmanship. Replaced parts shall become PLATIT’s property if it does not explicitly renounce this. Under restriction of proportionality, the PLATIT AG shall bear the costs of remedying the defective parts provided that, they do not exceed the customary costs of transport, personnel, travelling, accommodation, dismantling and reassembly of the defective parts. 12.5. Express warranties are only those which have been expressly specified as such in the order acknowledgment or in the specifications. An express warranty is valid until the expiry of the guarantee period at the latest. If the express warranties are not or only partially achievedoccurring, the customer may first of fails to take all require PLATIT the appropriate measures to carry out minimize the improvements immediately. loss and does not give Monosuisse opportunity to rectify the defects. 10.4 The customer shall give inspect the PLATIT AG the necessary time goods immediately upon receipt. Complaints relating to quantity and possibility visible defects must be made in writing within seven working days, while complaints relating to do so. If these improvements fail completely or in part, the customer may claim the agreed compensation for such case or, should no such agreement exist, a reasonable reduction non- visible defects must be made within seven working days of price. If, however, the defects are of such significance that they cannot be remedied within a reasonable time and provided that the supplies and services cannot be used for their specified purpose, or if such use is considerably impaired, then the customer shall be entitled to refuse acceptance of the defective part or, if partial acceptance is economically not justified for him and he communicates this immediately, to terminate the contract. In this case PLATIT can only be held liable for reimbursing the sums which have been paid for the parts affected by the terminationdiscovery. 12.6. All deficiencies 10.5 Any loss which canis not be proven demonstrably the fault of Monosuisse, such as losses due to have their origin in bad materialnatural wear and tear, faulty design or poor workmanship, e.g. those resulting from normal wear, improper inadequate maintenance, failure to observe the operating instructions, excessive loadingoverloading, use of any unsuitable inappropriate op- erating material, influence of chemical or electrolytic actioneffects, building or installation work not undertaken by PLATITacts of third parties etc., or resulting from other reasons beyond PLATIT’s control are is excluded from its guarantee the warranty and there is no liability for defectsit on the part of Monosuisse. 12.7. With respect 10.6 Where delivered products are defective, during the warranty period the customer may request either replacement of the defective goods or elimination of the defect by Monosuisse. 10.7 If a defect pursuant to any defective materialArticle 10.6 is not remedied by way of elimination or replacement by Mono- suisse, design or workmanship as well as to any failure to fulfil express warrantieswithin a reasonable period, the customer may ask for a price reduction or cancellation of the contract. 10.8 Any liability, contractual or otherwise, for consequential loss arising directly or indirectly from a defect, is hereby explicitly excluded. 10.9 Monosuisse and the customer recognize the provisions of BISFA (Bureau International pour la Xxxx- dardisation de la Rayonne et des Fibres Synthétiques). Minor variations from the agreed specifications on quality, color and characteristics, which are normal or technically unavoidable, do not confer the right to assert claims under warranty. Yarns with different lot numbers, formula numbers or dye-lot numbers must be processed separately by the customer. In view of the effects of the climate, Mono- suisse recommends processing the deliveries, as a rule, in the order in which they arrive. The colored yarns display natural characteristics which are usual for the coloration of the corresponding types of fi- ber. Monosuisse does not guarantee the color quality in the case of particularly delicate items. 10.10 The products offered by Monosuisse are not specifically designed, tested or approved for medical use as for example for In Vivo products, medical implants or as part of medical implants, for medical diag- nostics, medical filters or medical filter support. This listing does not claim to be complete and is here- inafter referred to as "medical use". Monosuisse does not make any representation regarding the fit- ness of the products for medical use. If the products shall not be entitled used by a manufacturer directly or indi- rectly for medical use, it is the sole responsibility of the manufacturer to any rights ensure compliance with all re- gulatory requirements and claims other than those the safety and suitability. Any and all liability of Monosuisse arising out of or in connection with the use of the products for medical use is expressly stipulated in Clauses 12.1 excluded. The sale of products for medical use by Monosuisse is subject to 12.7and conditional upon the execution of a specific underta- king by the manufacturer confirming its responsibilities. Customers using the product for medical use are asked to contact Monosuisse.

Warranty, liability for defects. 12.114.1 Guaranteed features are expressly mentioned in the order confirmation and apply until expiry of the warranty period. If the guaranteed features are not or only partially fulfilled, the Customer has a right to subsequent improvement within a reasonable period of time during the running warranty period. The Supplier must eliminate the defects notified as quickly as possible. The Customer must grant the Supplier an opportunity to do so. Rescission of the contract and reduction of the price are excluded. 14.2 The warranty period is 12 months, except for parts subject to wear and tear. For used equipment, the warranty period is 6 months. It begins commences with departure “ex works” of the departure of deliveries ex works goods or with the possibly any agreed and verifiable acceptance of deliveries and services or, as far as PLATIT has also taken over the assembly, with their terminationgoods. If shippingdispatch, acceptance assembly or assembly is acceptances are delayed for reasons for which PLATIT the Supplier is not responsible, the warranty period periods ends at the latest 18 months after arrival at the customer. 12.2. For replaced readiness for delivery or repaired parts, the guarantee period starts anew and lasts 6 months from the replacement or completion of the repair or the readiness for acceptance, but not longer than the expiry of a period, double the guarantee period stipulated in the preceding paragraph. 12.3. The warranty guarantee expires prematurely if the customer Customer or a third parties make changes party undertakes inappropriate modifications or repairs, seals are damaged or removed, repairs or if the customerCustomer, if in case of a defect has occurreddefect, does not immediately take all suitable measures appropriate steps to mitigate the damage and gives PLATIT grant the opportunity to remedy Supplier the possibility of remedying such defect. 12.4. Upon 14.3 The Supplier undertakes, at his discretion, following a written demand from the written request of the customerCustomer, PLATIT may choose to repair improve or replace as quickly as possible any all parts of the supplies which, before the expiry goods which are damaged or unusable verifiably as a consequence of the guarantee period, are proven to be defective due to bad quality material, faulty design construction or poor workmanship. Replaced parts shall become PLATIT’s property if it does not explicitly renounce this. Under restriction of proportionality, the PLATIT AG shall bear the costs of remedying the defective parts provided that, they do not exceed the customary costs of transport, personnel, travelling, accommodation, dismantling and reassembly of the defective parts. 12.5. Express warranties are only those which have been expressly specified as such in the order acknowledgment or in the specifications. An express warranty is valid performance until the expiry of the guarantee period at warranty period. Replaced parts become the latestproperty of the Supplier and must be sent back to the Supplier. The Supplier pays all the costs of subsequent improvement incurred in the suppliers works. If it is not possible to undertake subsequent improvement in the express warranties are not or only partially achievedworks of the Supplier, the customer may first of all require PLATIT to carry out costs associated with the improvements immediately. The customer shall give same, insofar as they exceed the PLATIT AG the necessary time usual costs for transport, labour, travelling and possibility to do so. If these improvements fail completely or in part, the customer may claim the agreed compensation accommodation expenses and for such case or, should no such agreement exist, a reasonable reduction of price. If, however, the defects are of such significance that they cannot be remedied within a reasonable time removal and provided that the supplies and services cannot be used for their specified purpose, or if such use is considerably impaired, then the customer shall be entitled to refuse acceptance refitting of the defective part orparts, if partial acceptance is economically not justified for him will be paid by the Customer. 14.4 Excluded from the warranty and he communicates this immediately, to terminate liability of the contract. In this case PLATIT can only be held liable for reimbursing the sums Supplier are damages which have been paid for the parts affected by the termination. 12.6. All deficiencies which cannot be proven to have their origin in verifiably arisen as a consequence of bad quality material, faulty design construction or poor workmanshipdefective performance, e.g. those resulting from normal wearnatural wear and tear, improper inadequate maintenance, failure to observe the comply with operating instructions, excessive loadingloads, use of any unsuitable materialoperating devices, influence of chemical or electrolytic actioninfluences, building any construction or installation assembly work not undertaken carried out by PLATIT, the Supplier or resulting from on other reasons beyond PLATIT’s control reason for which the Supplier bears no responsibility. 14.5 For goods and services rendered by subcontractors stipulated by the Customer, the Supplier gives a warranty only within the framework of the warranty obligations of the relevant subcontractors. 14.6 The Supplier undertakes to perform the delivery in conformity with the contract and to provide all warranty services which are excluded from its guarantee and verifiably necessitated by bad quality material, faulty construction or defective performance. Any further liability for defectsany damages, consequential damages, lost profit and indirect damages is excluded within the limits of mandatory law. 12.7. With respect to 14.7 For claims of the Customer based on bad advice or similar or breach of any defective material, design or workmanship as well as to any failure to fulfil express warrantiesancillary duties, the customer shall not be entitled to any rights and claims other than those expressly stipulated Supplier is liable only in Clauses 12.1 to 12.7the event of unlawful intent or gross negligence.