Common use of Warranty, liability for defects Clause in Contracts

Warranty, liability for defects. 9.1 The Supplier shall grant a warranty for the Storage Tanks and Equipment produced by the Supplier in accordance with the warranty cards included in their documentation. 9.2 Pieces of Equipment deemed to be commodities shall be covered by producer warranty in accordance with the warranty card of the given piece of Equipment. 9.3 Components with a typically short use life such as seals are excluded from the warranty. The seals should be replaced with each disassembly of a flanged connection, e.g. hatch or connector. 9.4 Upon reception of a Storage Tank or Equipment, the Ordering Party is obliged to check the completeness of the delivery and required documents. If, as the result of such a check, the Ordering Party decides that some parts or documents are missing, they should issue a written notification of this fact to the Supplier. If the Ordering Party fails to do this upon reception of the Storage Tank or Equipment, they forfeit any claims regarding incompleteness of the delivery. 9.5 Any claims regarding the quality of the delivered piece of Equipment shall be submitted by the Ordering Party in writing with a non-extendable time limit of 7 days from the day of detection of the fault. If the Ordering Party fails to notify the Supplier about the fault within this time limit, any claims regarding this fault shall be excluded. After receiving notice of a qualitative deficiency, if such a claim is substantiated, the Supplier shall remove such a fault without delay. If the nature of the deficiency is such that it may cause damage, the Ordering Party must immediately inform the Supplier about this fact on pain of covering costs caused by such damage. 9.6 If the nature of the fault is such that it needs to be removed at the site of the Supplier, the Ordering Party shall return the faulty part to the Supplier in order for it to be repaired or replaced. In such a case the delivery of a repaired or replaced part in return for the faulty part shall be covered by the Supplier’s warranty. 9.7 Faulty parts which have been replaced shall be property of the Supplier. 9.8 The Supplier is not liable for damage or faults caused by the materials or design provided by the Ordering Party. 9.9 If the fault has not been successfully removed: 9.9.1 The parties may agree to lower the price proportionally to the lowered value of the Equipment, on the condition that in no case may the reduction of price exceed 10% of the original purchase price; or 9.9.2 If the fault is substantial enough that the Ordering Party is materially deprived of the possibility of benefitting from the Agreement, the Ordering Party may withdraw from the agreement by issuing a written notice to the Supplier. 9.10 The Supplier shall not be liable for any losses in production, loss of profit, inability to use the Equipment, damage resulting from loss of business, or other indirect damage. Liability of the Supplier shall not cover the damage sustained in the course of normal use of the Equipment. 9.11 Total liability of the Supplier on any account whatsoever shall be limited to the purchase price of Equipment or those of its parts that are subject to claims. Liability of the Supplier for faults in Equipment shall be subject solely to the provisions provided above.

Warranty, liability for defects. 9.1 15.1. The Supplier shall grant a place of performance under the warranty is the original place where goods/services are supplied. The warranty period for our goods/services is one year from the Storage Tanks and Equipment produced by transfer of risk. 15.2. Subject to compliance with the Supplier agreed payment terms in accordance with the warranty cards included following provisions, we are only under an obligation to remedy any defect that impairs functionality due to a fault in their documentationconstruction, material or workmanship if it can be shown to have already existed at the time of the transfer of risk. A defect regarding the material and/or workmanship is solely deemed to exist if and to the extent that the goods/services do not have the properties expressly agreed upon in the contract. All ancillary costs incurred in connection with rectifying the defect (such as, for instance, costs of transportation, disposal, travel and travel time) are for the customer's account. 9.2 Pieces 15.3. The correction of Equipment deemed a defect alleged by the customer does not constitute an acknowledgement of the existence of a defect. 15.4. The customer shall at all times be required to prove that the defect was already present at the time of transfer. 15.5. The warranty claims of the customer require the customer to have duly fulfilled its examination obligation and its duty to give notice of defects. Furthermore, the item in respect of which notice of defects is given must in any event be commodities left in a completely unaltered state. If the item to which the objection relates has been altered, the assertion of any warranty claim by the customer is excluded unless it can be demonstrated that we acted with intent or as a result of gross negligence. The customer must immediately examine our goods/services for defects (even in the case of the partial supply of goods or services) and notify us of any defects found without undue delay, but within one week of receipt of the goods/services at the latest, otherwise the assertion of any warranty claims for defects and other liability claims is likewise excluded. Latent defects shall be covered notified to us without undue delay, but no later than one week following their discovery, otherwise the assertion of any warranty claims for defects and other liability claims is likewise excluded. 15.6. If the assertions made by producer the customer regarding alleged defects are unjustified, the customer shall compensate us for any expenses we incur in determining the absence of defects or correcting faults at our standard rates of remuneration. 15.7. We are entitled to carry out, or have carried out, any inspection we deem necessary, even if this renders the goods or workpieces unusable. In the event such an inspection shows that we are not responsible for having caused any faults, the customer shall bear the costs incurred for such an inspection for a reasonable fee. 15.8. We provide a warranty for defects in our goods/services initially at our option by means of improvement or replacement. If improvement and replacement are not possible or feasible, the customer may demand a reduction in the price or, provided it does not concern defects of a minor nature, cancellation of the contract, at its option. The necessary manpower, energy and rooms shall be provided by the customer free of charge upon our request and the customer shall cooperate as required under section 7. 15.9. We shall be allowed at least two attempts at improvement or replacement on the part of the customer. 15.10. The warranty period is not extended or interrupted by improvement and/or replacement. With regard to new parts used within the context of improvement and/or replacement, any independent warranty for defects irrespective of the legal grounds therefor is excluded. 15.11. If the goods/services are manufactured on the basis of the requirements, drawings, plans, models or other specifications of the customer, we only warrant that we have executed performance in accordance with the warranty card agreement. 15.12. Should the goods/services not be entirely suitable for the agreed use, this does not constitute a defect if this is based exclusively on factual circumstances deviating from the information available to us at the time of the given piece provision of Equipmentthe service because the customer fails to meet its obligations to cooperate under section 7. 9.3 Components with 15.13. Similarly, a typically short use life defect is not deemed to exist if the customer's technical equipment and systems, such as seals supply lines, cabling and wiring, networks, etc., are not in a perfect technical and operational condition or not compatible with the goods/services, to the extent that this fact is responsible for causing the fault. 15.14. The customer shall cease any and all use or processing of the defective goods/services, which risks further damage or prevents or makes it more difficult to identify the cause of the defect, insofar as this is not unreasonable. 15.15. The warranty does not apply to and/or all other liability on our part is excluded for faults resulting from any arrangement and/or assembly or installation not undertaken by us, from inadequate equipment, any non-compliance with assembly requirements and/or operating requirements and/or installation requirements, certification or approval notices, terms and conditions of use and/or maintenance, or from faults resulting from any overloading of the parts in excess of the values specified by us and/or the manufacturer, and from the warrantynegligent, improper and/or incorrect treatment or storage and/or use of unsuitable operating consumables, and/or from faulty assembly, operation or maintenance. The seals should be replaced with each disassembly of a flanged connectionFurther, e.g. hatch or connector. 9.4 Upon reception of a Storage Tank or Equipment, the Ordering Party is obliged to check the completeness of the delivery we give no assurance and required documents. If, as the result of such a check, the Ordering Party decides that some parts or documents are missing, they should issue a written notification of this fact to the Supplier. If the Ordering Party fails to do this upon reception of the Storage Tank or Equipment, they forfeit any claims regarding incompleteness of the delivery. 9.5 Any claims regarding the quality of the delivered piece of Equipment shall be submitted by the Ordering Party in writing with a non-extendable time limit of 7 days from the day of detection of the fault. If the Ordering Party fails to notify the Supplier about the fault within this time limit, any claims regarding this fault shall be excluded. After receiving notice of a qualitative deficiency, if such a claim is substantiated, the Supplier shall remove such a fault without delay. If the nature of the deficiency is such that it may cause damage, the Ordering Party must immediately inform the Supplier about this fact on pain of covering costs caused by such damage. 9.6 If the nature of the fault is such that it needs to be removed at the site of the Supplier, the Ordering Party shall return the faulty part to the Supplier in order for it to be repaired or replaced. In such a case the delivery of a repaired or replaced part in return for the faulty part shall be covered by the Supplier’s warranty. 9.7 Faulty parts which have been replaced shall be property of the Supplier. 9.8 The Supplier is not liable assume no liability for damage or faults caused by injury attributable to the materials or design provided by actions of third parties, to atmospheric discharges and/or to electrical, electronic and/or chemical influences. The warranty does not relate to the Ordering Partyreplacement of parts subject to natural wear and tear. 9.9 If 15.16. The warranty lapses immediately if the fault has customer itself or a third party not been successfully removed:expressly authorized by us makes changes to, repairs or carries out maintenance on the items supplied without our written consent. 9.9.1 The parties may agree to lower 15.17. In case of defects other than the price proportionally to defects in title regulated under section 13.5, the lowered value provisions of this section 15 apply mutatis mutandis. 15.18. Our liability for defects is comprehensively regulated in this section 15. Any further warranty for defects on our part, irrespective of the Equipmentlegal grounds therefor, on the condition that in no case may the reduction of price exceed 10% of the original purchase price; or 9.9.2 If the fault is substantial enough that the Ordering Party is materially deprived of the possibility of benefitting from the Agreement, the Ordering Party may withdraw from the agreement by issuing a written notice to the Supplierhereby excluded. 9.10 The Supplier shall not be liable for any losses in production, loss of profit, inability to use the Equipment, damage resulting from loss of business, or other indirect damage. Liability of the Supplier shall not cover the damage sustained in the course of normal use of the Equipment. 9.11 Total liability of the Supplier on any account whatsoever shall be limited to the purchase price of Equipment or those of its parts that are subject to claims. Liability of the Supplier for faults in Equipment shall be subject solely to the provisions provided above.

Warranty, liability for defects. 9.1 The Supplier shall grant a warranty for (1) RAFI guarantees the Storage Tanks functional and Equipment produced by the Supplier operational readiness of KIS.MANAGER in accordance with the warranty cards included in their documentationprovisions of these XXX.XX GTCs together with the appendices. The condition of the KIS.MANAGER shall correspond, depending on the selected license level (see “Overview of Services”, Appendix 1 Clause 3), to the extent indicated therein, to that of the "Trial" version. 9.2 Pieces of Equipment deemed (2) If a hardware device has to be commodities replaced, for whatever reason, the Customer shall be covered by producer warranty entitled, after deleting the corresponding hardware device from the web platform, to register a replacement device in accordance with the warranty card system for further use of KIS.MANAGER instead of the given piece of Equipmentprevious hardware device, without any additional remuneration as defined in § 8 for the replacement device. 9.3 Components with a typically short use life such as seals are excluded from the warranty. The seals should be replaced with each disassembly (3) RAFI expressly points out that in case of a flanged connectiondowngrade by the Customer from a license level specified in Appendix 1 Clause 3 “Overview of Services” to one of the lower license levels, e.g. hatch or connectorpermanent loss in data and thus of performance might result. This does not constitute a defect of the XXX.XX products and RAFI does not assume any liability in this case. 9.4 Upon reception of a Storage Tank or Equipment(4) In the event that RAFI services are used by unauthorized third parties using the Customer's access data, the Ordering Party is obliged to check the completeness of the delivery and required documents. If, as the result of such a check, the Ordering Party decides that some parts or documents are missing, they should issue a written notification of this fact to the Supplier. If the Ordering Party fails to do this upon reception of the Storage Tank or Equipment, they forfeit any claims regarding incompleteness of the delivery. 9.5 Any claims regarding the quality of the delivered piece of Equipment Customer shall be submitted by the Ordering Party in writing with a non-extendable time limit of 7 days from the day of detection of the fault. If the Ordering Party fails to notify the Supplier about the fault within this time limit, any claims regarding this fault shall be excluded. After receiving notice of a qualitative deficiency, if such a claim is substantiated, the Supplier shall remove such a fault without delay. If the nature of the deficiency is such that it may cause damage, the Ordering Party must immediately inform the Supplier about this fact on pain of covering costs caused by such damage. 9.6 If the nature of the fault is such that it needs to be removed at the site of the Supplier, the Ordering Party shall return the faulty part to the Supplier in order for it to be repaired or replaced. In such a case the delivery of a repaired or replaced part in return for the faulty part shall be covered by the Supplier’s warranty. 9.7 Faulty parts which have been replaced shall be property of the Supplier. 9.8 The Supplier is not liable for damage or faults caused by the materials or design provided by the Ordering Party. 9.9 If the fault has not been successfully removed: 9.9.1 The parties may agree to lower the price proportionally to the lowered value of the Equipment, on the condition that in no case may the reduction of price exceed 10% of the original purchase price; or 9.9.2 If the fault is substantial enough that the Ordering Party is materially deprived of the possibility of benefitting from the Agreement, the Ordering Party may withdraw from the agreement by issuing a written notice to the Supplier. 9.10 The Supplier shall not be liable for any losses resulting fees within the scope of civil law liability until receipt of the corresponding Customer request to change the access data or to report the loss or theft, provided that the Customer is at fault for the access of the unauthorized third party. (5) RAFI is entitled to block the storage space immediately if there is reasonable suspicion that the stored data is illegal and/or infringes third-party rights. Reasonable suspicion of unlawfulness and/or infringement of rights exists, in productionparticular if courts, loss authorities and/or other third parties inform RAFI thereof. XXXX must inform the Customer of profitthe block and the reason for it without delay. The block shall be lifted as soon as the suspicion is invalidated. (6) Claims for damages against XXXX are excluded irrespective of the legal grounds, inability unless RAFI, its legal representatives or vicarious agents have acted with intent or gross negligence. RAFI shall only be liable for slight negligence if one of the essential contractual obligations has been violated by RAFI, its legal representatives or executive employees or vicarious agents. RAFI shall only be liable for foreseeable damage, which typically has to use be expected. Essential contractual obligations are those obligations which form the Equipmentbasis of the contract, which were decisive for the conclusion of the contract and on whose fulfilment the Customer may rely. (7) RAFI is fully liable for intentionally or negligently caused damage resulting from loss of businessinjuries to life, body, or other indirect damage. Liability health by XXXX, its legal representatives or vicarious agents. (8) Provided that RAFI is liable for damages according to the aforementioned regulations - irrespective of the Supplier shall not cover legal grounds - directly or indirectly in connection with the damage sustained in the course execution of normal use of the Equipment. 9.11 Total this contract, liability of the Supplier on any account whatsoever shall be limited to the purchase price an amount of Equipment or those EUR 500,000 per damaging event and to a maximum of its parts that are subject EUR 1,000,000 per year. The liability of RAFI shall be limited to claims. Liability compensation for damages typical of the Supplier for faults in Equipment shall be subject solely to the provisions provided abovecontract.

Warranty, liability for defects. 9.1 The Supplier If defects are found in the deliveries or services, the customer shall grant a warranty be entitled exclusively to the rights and claims expressly mentioned in this chapter (warranty, liability for defects)... WMB AG shall remedy defects detected during the Storage Tanks inspection and Equipment produced by accused of having occurred during the Supplier inspection as soon as possible in accordance with the warranty cards included in their documentation. 9.2 Pieces section "Inspection of Equipment deemed to be commodities the delivery, approval". In- sofar as this is necessary and reasonable for the cus- tomer, he shall be covered by producer obliged to cooperate in this. The customer must be notified of the completion of the re- pair. The customer must re-examine the part of the delivery that is the subject of the complaint. The rules according to the section "Inspection of the delivery, approval" apply accordingly. The warranty period is 12 months from the handover of the delivery to the customer or the carrier. If the handover, transport or shipment is delayed at the re- quest of the customer or for reasons for which WMB AG is not responsible, the delivery period shall begin at the originally agreed handover date. For repaired or replaced parts, the warranty period, which in accordance this case is 6 months, begins with the warranty card handover, transport or dispatch of the given piece repaired or replaced parts. The customer's warranty claim expires immediately if the customer or third parties not authorized by WMB AG make changes or repairs, if the customer does not immediately take all reasonable measures to re- duce the damage or if the customer neglects his ob- ligations to cooperate in the elimination of Equipment. 9.3 Components with a typically short use life the dam- age. Improper handling, maintenance and use, de- fects due to normal wear and tear, excessive strain, unsuitable equipment or other reasons for which WMB AG is not responsible, such as seals force majeure or accidental events, also exclude the warranty. Fur- thermore, all consumables are excluded from the warranty. The seals should be replaced with each disassembly of Nor does WMB AG provide any warranty for third party services requested by the customer or for defects caused by faulty or unsuitable material supplied or prescribed by the customer. If a flanged connection, e.g. hatch defect occurs in one or connector. 9.4 Upon reception of a Storage Tank or Equipment, the Ordering Party is obliged to check the completeness more parts of the delivery during the warranty period, which can be proven to be due to faulty material supplied by WMB AG, to a design fault or to faulty workmanship, or if one or more warranted characteristics are not or only par- tially fulfilled and required documents. If, as the result of such a check, the Ordering Party decides that some parts or documents are missing, they should issue a written notification customer notifies WMB AG of this fact defect without delay, giving precise details of the defect, WMB AG undertakes at its discretion to fix this defect as quickly as possible or to replace the Supplierfaulty part. Replaced parts shall automatically become the property of WMB AG, unless WMB AG expressly waives this right. WMB AG shall bear the reasonable costs of repairing or replacing defective parts includ- ing the usual transport costs. Only those characteristics which are expressly men- tioned as such in the order confirmation or in the con- tract shall be considered guaranteed characteristics. If the Ordering Party fails to do this upon reception of repair is unsuccessful or only partially success- ful, the Storage Tank or Equipment, they forfeit any claims regarding incompleteness of the delivery. 9.5 Any claims regarding the quality of the delivered piece of Equipment customer shall be submitted by the Ordering Party entitled to a reasonable re- duction in writing with a non-extendable time limit of 7 days from the day of detection of the faultprice. If the Ordering Party fails defective deliveries or services are not carried out correctly for the purposes commu- nicated in advance or only to notify a significantly reduced extent, the Supplier about customer is entitled to refuse acceptance of the fault within this time limitdefective part of the delivery or service. If par- tial acceptance cannot reasonably be expected from the customer in economic terms, any claims regarding this fault the customer shall be excluded. After receiving notice of a qualitative deficiencyentitled, if such a claim is substantiated, the Supplier shall remove such a fault without delay. If the nature against return of the deficiency is such that it may cause damagedeliveries made, the Ordering Party must immediately inform the Supplier about this fact on pain of covering costs caused by such damage. 9.6 If the nature of the fault is such that it needs to be removed at the site of the Supplier, the Ordering Party shall return the faulty part to the Supplier in order for it to be repaired or replaced. In such a case the delivery of a repaired or replaced part in return for the faulty part shall be covered by the Supplier’s warranty. 9.7 Faulty parts which have been replaced shall be property of the Supplier. 9.8 The Supplier is not liable for damage or faults caused by the materials or design provided by the Ordering Party. 9.9 If the fault has not been successfully removed: 9.9.1 The parties may agree to lower the price proportionally to the lowered value of the Equipment, on the condition that in no case may the reduction of price exceed 10% of the original purchase price; or 9.9.2 If the fault is substantial enough that the Ordering Party is materially deprived of the possibility of benefitting from the Agreement, the Ordering Party may withdraw from the agreement by issuing a written notice contract accordingly and to xx- xxxx reimbursement of payments already made in- sofar as this is possible for the Suppliercontractual services already provided. 9.10 The Supplier shall not be liable for any losses in production, loss of profit, inability to use the Equipment, damage resulting from loss of business, or other indirect damage. Liability of the Supplier shall not cover the damage sustained in the course of normal use of the Equipment. 9.11 Total liability of the Supplier on any account whatsoever shall be limited to the purchase price of Equipment or those of its parts that are subject to claims. Liability of the Supplier for faults in Equipment shall be subject solely to the provisions provided above.

Warranty, liability for defects. 9.1 The Supplier shall grant a warranty for (1) RAFI guarantees the Storage Tanks functional and Equipment produced by the Supplier operational readiness of KIS.MANAGER in accordance with the warranty cards included in their documentationprovisions of these XXX.XX GTCs together with the appendices. The condition of the KIS.MANAGER shall correspond, depending on the selected license level (see overview of services, Annex 1 Clause 3), to the extent indicated therein, to that of the "Trial" version. 9.2 Pieces of Equipment deemed (2) If a hardware device has to be commodities replaced, for whatever reason, the Customer shall be covered entitled, after deleting the corresponding hardware device from the web platform, to register a replacement device in the system for further use of KIS.MANAGER instead of the previous hardware device, without any additional remuneration as defined in § 8 for the replacement device. (3) RAFI is obligated to conclude an agreement with all employees and subcontractors used by producer warranty XXXX in accordance connection with the warranty card preparation, execution and fulfillment of this contract that is identical in content to the given piece of Equipmentpreceding paragraph 2. 9.3 Components with a typically short use life such as seals (4) In the event that RAFI services are excluded from used by unauthorized third parties using the warranty. The seals should be replaced with each disassembly of a flanged connection, e.g. hatch or connector. 9.4 Upon reception of a Storage Tank or EquipmentCustomer's access data, the Ordering Party is obliged to check the completeness of the delivery and required documents. If, as the result of such a check, the Ordering Party decides that some parts or documents are missing, they should issue a written notification of this fact to the Supplier. If the Ordering Party fails to do this upon reception of the Storage Tank or Equipment, they forfeit any claims regarding incompleteness of the delivery. 9.5 Any claims regarding the quality of the delivered piece of Equipment Customer shall be submitted by the Ordering Party in writing with a non-extendable time limit of 7 days from the day of detection of the fault. If the Ordering Party fails to notify the Supplier about the fault within this time limit, any claims regarding this fault shall be excluded. After receiving notice of a qualitative deficiency, if such a claim is substantiated, the Supplier shall remove such a fault without delay. If the nature of the deficiency is such that it may cause damage, the Ordering Party must immediately inform the Supplier about this fact on pain of covering costs caused by such damage. 9.6 If the nature of the fault is such that it needs to be removed at the site of the Supplier, the Ordering Party shall return the faulty part to the Supplier in order for it to be repaired or replaced. In such a case the delivery of a repaired or replaced part in return for the faulty part shall be covered by the Supplier’s warranty. 9.7 Faulty parts which have been replaced shall be property of the Supplier. 9.8 The Supplier is not liable for damage or faults caused by the materials or design provided by the Ordering Party. 9.9 If the fault has not been successfully removed: 9.9.1 The parties may agree to lower the price proportionally to the lowered value of the Equipment, on the condition that in no case may the reduction of price exceed 10% of the original purchase price; or 9.9.2 If the fault is substantial enough that the Ordering Party is materially deprived of the possibility of benefitting from the Agreement, the Ordering Party may withdraw from the agreement by issuing a written notice to the Supplier. 9.10 The Supplier shall not be liable for any losses resulting fees within the scope of civil law liability until receipt of the corresponding Customer request to change the access data or to report the loss or theft, provided that the Customer is at fault for the access of the unauthorized third party. (5) RAFI is entitled to block the storage space immediately if there is reasonable suspicion that the stored data is illegal and/or infringes third-party rights. Reasonable suspicion of unlawfulness and/or infringement of rights exists, in productionparticular if courts, loss authorities and/or other third parties inform RAFI thereof. XXXX must inform the Customer of profitthe block and the reason for it without delay. The block shall be lifted as soon as the suspicion is invalidated. (6) Claims for damages against XXXX are excluded irrespective of the legal grounds, inability unless RAFI, its legal representatives or vicarious agents have acted with intent or gross negligence. RAFI shall only be liable for slight negligence if one of the essential contractual obligations has been violated by RAFI, its legal representatives or executive employees or vicarious agents. RAFI shall only be liable for foreseeable damage, which typically has to use be expected. Essential contractual obligations are those obligations which form the Equipmentbasis of the contract, which were decisive for the conclusion of the contract and on whose fulfilment the Customer may rely. (7) RAFI is fully liable for intentionally or negligently caused damage resulting from loss of businessinjuries to life, body, or other indirect damage. Liability health by XXXX, its legal representatives or vicarious agents. (8) Provided that RAFI is liable for damages according to the aforementioned regulations - irrespective of the Supplier shall not cover legal grounds - directly or indirectly in connection with the damage sustained in the course execution of normal use of the Equipment. 9.11 Total this contract, liability of the Supplier on any account whatsoever shall be limited to the purchase price an amount of Equipment or those EUR 500,000 per damaging event and to a maximum of its parts that are subject EUR 1,000,000 per year. The liability of RAFI shall be limited to claims. Liability compensation for damages typical of the Supplier for faults in Equipment shall be subject solely to the provisions provided abovecontract.

Warranty, liability for defects. 9.1 The Supplier If defects are found in the deliveries or services, the customer shall grant a warranty be entitled exclusively to the rights and claims expressly mentioned in this chapter (warranty, liability for defects)... Tibram Ltd. shall remedy defects detected during the inspection and accused of having occurred during the inspection as soon as possible in accord- ance with the section "Inspection of the delivery, approval". Insofar as this is necessary and reasona- ble for the Storage Tanks and Equipment produced by customer, he shall be obliged to xxxxxx- ate in this. The customer must be notified of the Supplier completion of the repair. The customer must re- examine the part of the delivery that is the subject of the complaint. The rules according to the section "Inspection of the delivery, approval" apply accord- ingly. The warranty period is 12 months from the hando- ver of the delivery to the customer or the carrier. If the handover, transport or shipment is delayed at the request of the customer or for reasons for which Tibram Ltd. is not responsible, the delivery period shall begin at the originally agreed handover date. For repaired or replaced parts, the warranty period, which in accordance this case is 6 months, begins with the warranty cards included in their documentation. 9.2 Pieces of Equipment deemed to be commodities shall be covered by producer warranty in accordance with the warranty card handover, transport or dispatch of the given piece repaired or replaced parts. The customer's warranty claim expires immediately if the customer or third parties not authorized by Tibram Ltd. make changes or repairs, if the custom- er does not immediately take all reasonable measures to reduce the damage or if the customer neglects his obligations to cooperate in the elimina- tion of Equipment. 9.3 Components with a typically short use life the damage. Improper handling, maintenance and use, defects due to normal wear and tear, ex- cessive strain, unsuitable equipment or other rea- sons for which Tibram Ltd. is not responsible, such as seals force majeure or accidental events, also exclude the warranty. Furthermore, all consumables are excluded from the warranty. The seals should be replaced with each disassembly of Nor does Tibram Ltd. provide any warranty for third party services re- quested by the customer or for defects caused by faulty or unsuitable material supplied or prescribed by the customer. If a flanged connection, e.g. hatch defect occurs in one or connector. 9.4 Upon reception of a Storage Tank or Equipment, the Ordering Party is obliged to check the completeness more parts of the delivery deliv- ery during the warranty period, which can be proven to be due to faulty material supplied by Tibram Ltd., to a design fault or to faulty workmanship, or if one or more warranted characteristics are not or only partially fulfilled and required documents. If, as the result of such a check, the Ordering Party decides that some parts or documents are missing, they should issue a written notification customer notifies Tibram Ltd. of this fact defect without delay, giving precise de- tails of the defect, Tibram Ltd. undertakes at its discretion to fix this defect as quickly as possible or to replace the Supplierfaulty part. Replaced parts shall au- tomatically become the property of Tibram Ltd., unless Tibram Ltd. expressly waives this right. Tibram Ltd. shall bear the reasonable costs of re- pairing or replacing defective parts including the usual transport costs. Only those characteristics which are expressly men- tioned as such in the order confirmation or in the contract shall be considered guaranteed character- istics. If the Ordering Party fails to do this upon reception of repair is unsuccessful or only partially suc- cessful, the Storage Tank or Equipment, they forfeit any claims regarding incompleteness of the delivery. 9.5 Any claims regarding the quality of the delivered piece of Equipment customer shall be submitted by the Ordering Party entitled to a reasona- ble reduction in writing with a non-extendable time limit of 7 days from the day of detection of the faultprice. If the Ordering Party fails defective deliveries or services are not carried out correctly for the purpos- es communicated in advance or only to notify a signifi- cantly reduced extent, the Supplier about customer is entitled to refuse acceptance of the fault within this time limitdefective part of the deliv- ery or service. If partial acceptance cannot reason- ably be expected from the customer in economic terms, any claims regarding this fault the customer shall be excluded. After receiving notice of a qualitative deficiencyentitled, if such a claim is substantiated, the Supplier shall remove such a fault without delay. If the nature against return of the deficiency is such that it may cause damagedeliveries made, the Ordering Party must immediately inform the Supplier about this fact on pain of covering costs caused by such damage. 9.6 If the nature of the fault is such that it needs to be removed at the site of the Supplier, the Ordering Party shall return the faulty part to the Supplier in order for it to be repaired or replaced. In such a case the delivery of a repaired or replaced part in return for the faulty part shall be covered by the Supplier’s warranty. 9.7 Faulty parts which have been replaced shall be property of the Supplier. 9.8 The Supplier is not liable for damage or faults caused by the materials or design provided by the Ordering Party. 9.9 If the fault has not been successfully removed: 9.9.1 The parties may agree to lower the price proportionally to the lowered value of the Equipment, on the condition that in no case may the reduction of price exceed 10% of the original purchase price; or 9.9.2 If the fault is substantial enough that the Ordering Party is materially deprived of the possibility of benefitting from the Agreement, the Ordering Party may withdraw from the agreement by issuing a written notice contract accordingly and to demand reimbursement of pay- ments already made insofar as this is possible for the Suppliercontractual services already provided. 9.10 The Supplier shall not be liable for any losses in production, loss of profit, inability to use the Equipment, damage resulting from loss of business, or other indirect damage. Liability of the Supplier shall not cover the damage sustained in the course of normal use of the Equipment. 9.11 Total liability of the Supplier on any account whatsoever shall be limited to the purchase price of Equipment or those of its parts that are subject to claims. Liability of the Supplier for faults in Equipment shall be subject solely to the provisions provided above.

Warranty, liability for defects. 9.1 11.1 Warranty period The Supplier period of warranty is 12 months and shall grant commence upon dispatch of the goods ex-works. For replaced or repaired parts, the warranty period shall run for another period of 3 months after replacement or completion of repair but no longer than the expiry of a period being twice the warranty period pursuant to the preceding clause. The warranty under this contract expires prematurely with immediate effect if the customer or third parties make inappropriate modifications or repairs or if the customer, in case of a defect, does not immediately take appropriate steps to mitigate the damage and give INFICON the possibility to make good such defect. 11.2 Liability for defects in materials, design and manufacture INFICON shall either repair or replace defective parts or components at the Storage Tanks discretion of INFICON and Equipment produced at the sole expense of INFICON. Additional costs shall be payable by the Supplier customer if the delivered equipment or system have been transported to a place other than the place of the customer resulting in accordance with the warranty cards included in their documentationadditional expenses incurred by INFICON. 9.2 Pieces of Equipment deemed 11.3 Liability for express warranties Warranties shall apply only to be commodities shall be covered by producer warranty those parts, components or other deficiencies specifically stated in accordance with the warranty card of the given piece of EquipmentINFICON’s brochures or handbook whichever is applicable. 9.3 Components with a typically short use life such as seals are excluded 11.4 Exclusion from the warrantyliability Warranties relate only to parts, components and deficiencies as to faulty material or design and not to matters resulting from improper use, improper maintenance by the customer and normal wear and tear. The seals should be replaced with each disassembly of a flanged connection, e.g. hatch or connector. 9.4 Upon reception of a Storage Tank or Equipment, the Ordering Party is obliged to check the completeness of the delivery and required documents. If, as the result of such a check, the Ordering Party decides that some parts or documents are missing, they should issue a written notification of this fact Any damage to the Supplier. If the Ordering Party fails to do this upon reception of the Storage Tank equipment or Equipment, they forfeit any claims regarding incompleteness of the delivery. 9.5 Any claims regarding the quality of the delivered piece of Equipment shall be submitted by the Ordering Party system whether in writing with a non-extendable time limit of 7 days from the day of detection of the fault. If the Ordering Party fails to notify the Supplier about the fault within this time limit, any claims regarding this fault shall be excluded. After receiving notice of a qualitative deficiency, if such a claim is substantiated, the Supplier shall remove such a fault without delay. If the nature of the deficiency is such that it may cause damage, the Ordering Party must immediately inform the Supplier about this fact on pain of covering costs caused by such damage. 9.6 If the nature whole or parts as result of the fault is such that it needs to be removed at the site and negligence of the Supplier, the Ordering Party shall return the faulty part to the Supplier in order for it to be repaired customer or replaced. In such a case the delivery of a repaired or replaced part in return for the faulty part shall be covered by the Supplier’s warranty. 9.7 Faulty parts which have been replaced shall be property of the Supplier. 9.8 The Supplier is not liable for damage or faults caused by the materials or design provided by the Ordering Party. 9.9 If the fault has not been successfully removed: 9.9.1 The parties may agree to lower the price proportionally to the lowered value of the Equipment, on the condition that in no case may the reduction of price exceed 10% of the original purchase price; or 9.9.2 If the fault is substantial enough that the Ordering Party is materially deprived of the possibility of benefitting from the Agreement, the Ordering Party may withdraw from the agreement by issuing a written notice to the Supplier. 9.10 The Supplier its authorised users shall not be liable for the responsibility of INFICON. 11.5 Exclusivity of warranty claims With respect to any losses in productiondefective material, loss of profitdesign or workmanship as well as to any failure to fulfill express warranties, inability to use the Equipment, damage resulting from loss of business, or other indirect damage. Liability of the Supplier customer shall not cover the damage sustained be entitled to any rights and claims other than those expressly stipulated in the course of normal use of the Equipmentclauses 11.1 to 11.4. 9.11 Total liability of the Supplier on any account whatsoever shall be limited 11.6 This warranty does not apply to the purchase price of Equipment components, which are not manufactured by INFICON but sold as a total package together with INFICON’s equipment or those of its parts that are subject to claims. Liability of the Supplier for faults in Equipment shall be subject solely to the provisions provided abovesystem.

Warranty, liability for defects. 9.1 11.1 The Supplier shall grant a warranty for ensure that the Storage Tanks Products are free of any defects and Equipment produced by that the Supplier in accordance with agreed specifications and the warranty cards included in their documentationgenerally accepted technological standards have been complied with. 9.2 Pieces of Equipment deemed to be commodities shall be covered by producer warranty in accordance with the warranty card of the given piece of Equipment. 9.3 Components with a typically short use life such as seals are excluded from the warranty. The seals should be replaced with each disassembly of a flanged connection11.2 If HELLA approves specifications, e.g. hatch drawings, calculations or connector. 9.4 Upon reception of a Storage Tank or Equipment, the Ordering Party is obliged to check the completeness of the delivery and required documents. If, as the result of such a check, the Ordering Party decides that some parts or other documents are missing, they should issue a written notification of this fact to the Supplier. If the Ordering Party fails to do this upon reception of the Storage Tank or Equipment, they forfeit any claims regarding incompleteness of the delivery. 9.5 Any claims regarding the quality of the delivered piece of Equipment shall be submitted by the Ordering Party in writing with a non-extendable time limit of 7 days from the day of detection of the fault. If the Ordering Party fails to notify the Supplier about the fault within this time limit, any claims regarding this fault shall be excluded. After receiving notice of a qualitative deficiency, if such a claim is substantiated, the Supplier shall remove such a fault without delay. If the nature of the deficiency is such that it may cause damage, the Ordering Party must immediately inform the Supplier about this fact on pain of covering costs caused by such damage. 9.6 If the nature of the fault is such that it needs to be removed at the site of the Supplier, this shall not affect the Ordering Party shall return the faulty part to sole responsibility of the Supplier in order for it to be repaired or replaced. In such a case the delivery of a repaired or replaced part in return for the faulty part Products. This shall be covered by also apply to proposals, recommendations or other cooperative actions of HELLA regarding the Supplier’s warranty. 9.7 Faulty parts which have been replaced shall be property performance of the Supplier. 9.8 The 11.3 If the Supplier is able to realize on the basis of its know-how that the order placed by XXXXX is incomplete or that the purpose pursued by XXXXX when it placed the order cannot liable for damage be fulfilled, the Supplier must inform HELLA promptly and in full. 11.4 If defective Products are supplied, HELLA shall be entitled to demand immediate remedy by delivery of a replacement or faults caused rectification of the defective Products. HELLA shall be entitled to determine (at its sole discretion) the details of the remedial actions to be undertaken by the materials or design provided by the Ordering Party. 9.9 If the fault has not been successfully removed: 9.9.1 The parties may agree to lower the price proportionally to the lowered value of the Equipment, on the condition that in no case may the reduction of price exceed 10% of the original purchase price; or 9.9.2 If the fault is substantial enough that the Ordering Party is materially deprived of the possibility of benefitting from the Agreement, the Ordering Party may withdraw from the agreement by issuing a written notice to Supplier after consultation with the Supplier. 9.10 11.5 Should the defective delivery result in increased costs for HELLA in meeting its own delivery deadlines (for instance costs of sorting out defective Products, increased inspection effort and costs in manufacturing, etc.), these costs shall be borne by the Supplier. 11.6 HELLA shall be entitled to cancel the order and return the Products to the Supplier at the risk and cost of the Supplier or to reduce the price if the Supplier does not fulfill his obligation for remedy of the defects within a reasonable period set by XXXXX. In addition, HELLA shall have the right to compensation for damages. The setting of a time period by HELLA shall be superfluous if the fulfillment of the remedy of the defects is practically or economically impossible. 11.7 HELLA shall be entitled to return defective Products at the cost of the Supplier or, after previous agreement with the Supplier, to sort out the defective Products and, if necessary, scrap them at the cost of the Supplier. AD 00041 (2022.02.14) ) 11.8 HELLA shall be entitled in urgent cases, if possible after previously informing the Supplier if the Supplier can be reached to carry out rectification of defects on its own or to let it be carried out by third parties and to procure the Products without defects from third parties in order to fulfill its own supply obligations. The Supplier shall not bear the necessary appropriate and evidenced costs for these rectifications or procurements. 11.9 Should a defect only be liable for any losses in productiondiscovered after further processing of the Products, loss of profit, inability to use the Equipment, damage resulting from loss of business, or other indirect damage. Liability of the Supplier shall be obliged to bear all the costs in connection with the exchange or rectification of defective Products, in particular the costs of inspection, transportation, labor and material, regardless of whether these costs are incurred at the Supplier, at HELLA or at third parties. These costs shall also include all costs of any exchange or repair of products into which HELLA has fitted defective Products. 11.10 Should a recurrent failure make it necessary to replace a whole series of Products or HELLA products into which the Products have been assembled, for instance because an analysis of defects in each individual case is not cover economical, not possible or not reasonable, the damage sustained Supplier must also bear the above-mentioned costs also to the part of the affected series that does not show any technical defects. 11.11 Unless the parties have explicitly stipulated otherwise in writing, XXXXX’s claims arising from liability for defects shall be time barred after a period of 54 months after delivery to HELLA. 11.12 Unless otherwise provided in the course of normal use of preceding provisions or in a separate Warranty Agreement agreed between the Equipment. 9.11 Total parties the liability of the Supplier on any account whatsoever for defects shall be limited to governed by the purchase price of Equipment or those of its parts that are subject to claims. Liability of the Supplier for faults in Equipment shall be subject solely to the provisions provided aboveapplicable statutory regulations.