Common use of Warranty Rights Clause in Contracts

Warranty Rights. 8.1 The buyer’s rights in respect of defects shall be time-barred one year from delivery of the Product; in the cases as per Clause 6.1, such warranty period shall commence on acceptance of the Product. No such restrictions shall apply (a) if a defect is fraudulently not disclosed or (b) if a guarantee of the quality of the Product was provided (in this regard, the rules of liability and/or period of prescription arising from the guarantee shall also apply). In the event of compensation claims, such restrictions shall also not apply in the following cases: (a) culpable injury of life, body or health; (b) wilful misconduct and (c) gross negligence of our managerial staff (“leitende Angestellte”) or our authorized directors (“Organe”). 8.2 If the delivered Product is defective, we shall have the choice of subsequent fulfilment (“Nacherfüllung”) by rectification of the defect (“Nachbesserung”) or delivery of a fault-free product (“Nachlieferung”). Subsequent fulfilment shall not be construed as admission of any legal obligation. In the case of rectification of the defect, the remainder of the original warranty period shall commence on completion of the rectification measures or redelivery of the repaired Product. The same shall apply in case of substitute supply. 8.3 The place of performance of subsequent fulfilment shall be the originally agreed place of delivery, where we made the Product ready for collection or dispatch. In the cases of Clause 6.1, the place of performance of subsequent fulfilment shall be the place of completed erection, installation or commissioning of the Product. The buyer shall have no claims for expenses necessary for subsequent fulfilment, especially carriage, tolls, labour and material costs, where such expenses arise because the Product was subsequently brought to a place other than that originally agreed for delivery. Costs of fitting and removing the Product shall also be excluded, except and to the extent of erection, installation or commissioning of the Product carried out by us as per Clause 6. 1. We shall be entitled to invoice the buyer for any additional costs. The buyer shall only be entitled to claim such costs in the context of compensation as per Clause 9. 8.4 In case of definitive failure of subsequent fulfilment, the buyer shall be entitled to reduce the purchase price (Section 441 of the German Civil Code) or to rescind the respective contract (Sections 323 and 326 para 5 of the German Civil Code). 8.5 The buyer shall have no rights in respect of defects in cases of natural wear and tear or damage occurring through incorrect use, inappropriate storage or failure to observe the manufacturer’s assembly or operating instructions after the passing of risk. The same shall apply to work on, or other tampering with, the Product unless the buyer can prove that the defects it claims were not caused thereby. 8.6 The costs reasonably incurred through unjustified defect complaints shall be borne by the buyer. The same shall apply if we erroneously grant rights in respect of defects, although we are under no obligation to do so. 8.7 If complaints are made because of defective light-sensitive material, the buyer is obliged to inform us about the emulsion number in addition to the numbers of the delivery note and invoice. 8.8 The buyer´s rights of recourse against us in the event of a further sale of the Product shall be limited to the statutory scope of third- party claims for defects against the buyer and shall be conditional upon the buyer meeting his obligation to notify defects to us pursuant to Section 377 of the German Commercial Code (“Handelsgesetzbuch”). 8.9 Further rights in respect of defects of any kind whatsoever are hereby excluded, subject to any compensation claims within the limits of Clause 9. If the Product is sold as a used product, all rights in respect of defects shall be excluded, except compensation claims within the limits of Clause 9.

Warranty Rights. 8.1 The buyer’s rights in respect of defects shall be time-barred one year from delivery of the Product; in the cases as per Clause 6.1, such warranty period shall commence on acceptance of the Product. No such restrictions shall apply (a) if a defect is fraudulently not disclosed or (b) if a guarantee of the quality of the Product was provided (in this regard, the rules of liability and/or period of prescription arising from the guarantee shall also apply). In the event of compensation claims, such restrictions shall also not apply in the following cases: (a) culpable injury of life, body or health; (b) wilful misconduct and (c) gross negligence of our managerial staff (“leitende Angestellte”) or our authorized directors (“Organe”). 8.2 If the delivered Product is defective, we shall have the choice of subsequent fulfilment (“Nacherfüllung”) by rectification of the defect (“Nachbesserung”) or delivery of a fault-free product (“Nachlieferung”)product. Subsequent fulfilment shall not be construed as admission of any legal obligation. In the case of rectification of the defect, the remainder of the original warranty period shall commence on completion of the rectification measures or redelivery of the repaired Product. The same shall apply in case of substitute supply. Any components that become available as a result of a replacement shall remain/become our property. 8.3 The place of performance of subsequent fulfilment shall be the originally agreed place of delivery, where we made the Product ready for collection or dispatch. In the cases of Clause 6.1, the place of performance of subsequent fulfilment shall be the place of completed erection, installation or commissioning of the Product. The buyer shall have no claims for expenses necessary for subsequent fulfilment, especially carriage, tolls, labour and material costs, where such expenses arise because the Product was subsequently brought to a place other than that originally agreed for delivery. Costs of fitting and removing the Product shall also be excluded, except and to the extent of erection, installation or commissioning of the Product carried out by us as per Clause 6.Clause 16.1. We shall be entitled to invoice the buyer for any additional costs. The buyer shall only be entitled to claim such costs in the context of compensation as per Clause 9. 8.4 In case of definitive failure of subsequent fulfilment, the buyer shall be entitled to reduce the purchase price (Section 441 of the German Civil Code) or to rescind the respective contract contract, unless the definitive failure of subsequent fulfilment, given its specific nature or minor importance, does not justify this rescission (Sections 323 'ontbinding') and 326 para 5 of the German Civil Code)its legal effects. 8.5 The buyer shall have no rights in respect of defects in cases of natural wear and tear or damage occurring through incorrect use, inappropriate storage or failure to observe the manufacturer’s assembly or operating instructions after the passing of risk. The same shall apply to work on, or other tampering with, the Product unless the buyer can prove that the defects it claims were not caused thereby. 8.6 The costs reasonably incurred through unjustified defect complaints shall be borne by the buyer. The same shall apply if we erroneously grant rights in respect of defects, although we are under no obligation to do so. 8.7 If complaints are made because of defective light-sensitive material, the buyer is obliged to inform us about the emulsion number in addition to the numbers of the delivery note and invoice. 8.8 The buyer´s rights of recourse against us in the event of a further sale of the Product shall be limited to the statutory scope of third- party claims for defects against the buyer and shall be conditional upon the buyer meeting his obligation to notify defects to us pursuant to Section 377 of the German Commercial Code (“Handelsgesetzbuch”). 8.9 Further rights in respect of defects of any kind whatsoever are hereby excluded, subject to any compensation claims within the limits of Clause 9. If the Product is sold as a used product, all rights in respect of defects shall be excluded, except compensation claims within the limits of Clause 9.

Warranty Rights. 8.1 The buyer’s rights in respect of defects shall be time-barred one year from delivery of the Product; in the cases as per Clause 6.1, such warranty period shall commence on acceptance of the Product. No such restrictions shall apply (a) if a defect is fraudulently not disclosed or (b) if a guarantee of the quality of the Product was provided (in this regard, the rules of liability and/or period of prescription arising from the guarantee shall also apply). In the event of compensation claims, such restrictions shall also not apply in the following cases: (a) culpable injury of life, body or health; (b) wilful misconduct and (c) gross negligence of our managerial staff (“leitende Angestellte”) or our authorized directors (“Organe”). 8.2 If the delivered Product is defective, we shall have the choice of subsequent fulfilment (“Nacherfüllung”) by rectification of the defect (“Nachbesserung”) or delivery of a fault-free product (“Nachlieferung”)product. Subsequent fulfilment shall not be construed as admission of any legal obligation. In the case of rectification of the defect, the remainder of the original warranty period shall commence on completion of the rectification measures or redelivery of the repaired Product. The same shall apply in case of substitute supply. Any components that become available as a result of a replacement shall remain/become our property. 8.3 The place of performance of subsequent fulfilment shall be the originally agreed place of delivery, where we made the Product ready for collection or dispatch. In the cases of Clause 6.1, the place of performance of subsequent fulfilment shall be the place of completed erection, installation or commissioning of the Product. The buyer shall have no claims for expenses necessary for subsequent fulfilment, especially carriage, tolls, labour and material costs, where such expenses arise because the Product was subsequently brought to a place other than that originally agreed for delivery. Costs of fitting and removing the Product shall also be excluded, except and to the extent of erection, installation or commissioning of the Product carried out by us as per Clause 6. 1. We shall be entitled to invoice the buyer for any additional costs. The buyer shall only be entitled to claim such costs in the context of compensation as per Clause 9. 8.4 In case of definitive failure of subsequent fulfilment, the buyer shall be entitled to reduce the purchase price (Section 441 of the German Civil Code) or to rescind the respective contract contract, unless the definitive failure of subsequent fulfilment, given its specific nature or minor importance, does not justify this rescission (Sections 323 'ontbinding') and 326 para 5 of the German Civil Code)its legal effects. 8.5 The buyer shall have no rights in respect of defects in cases of natural wear and tear or damage occurring through incorrect use, inappropriate storage or failure to observe the manufacturer’s assembly or operating instructions after the passing of risk. The same shall apply to work on, or other tampering with, the Product unless the buyer can prove that the defects it claims were not caused thereby. 8.6 The costs reasonably incurred through unjustified defect complaints shall be borne by the buyer. The same shall apply if we erroneously grant rights in respect of defects, although we are under no obligation to do so. 8.7 If complaints are made because of defective light-sensitive material, the buyer is obliged to inform us about the emulsion number in addition to the numbers of the delivery note and invoice. 8.8 The buyer´s rights of recourse against us in the event of a further sale of the Product shall be limited to the statutory scope of third- party claims for defects against the buyer and shall be conditional upon the buyer meeting his obligation to notify defects to us pursuant to Section 377 of the German Commercial Code (“Handelsgesetzbuch”). 8.9 Further rights in respect of defects of any kind whatsoever are hereby excluded, subject to any compensation claims within the limits of Clause 9. If the Product is sold as a used product, all rights in respect of defects shall be excluded, except compensation claims within the limits of Clause 9.

Warranty Rights. 8.1 The buyer’s rights in respect of defects shall be time-barred one year from delivery of the Product; in the cases as per Clause 6.1, such warranty period shall commence on acceptance of the Product. No such restrictions shall apply (a) if a defect is fraudulently not disclosed or (b) if a guarantee of the quality of the Product was provided (in this regard, the rules of liability and/or period of prescription arising from the guarantee shall also apply). In the event of compensation claims, such restrictions shall also not apply in the following cases: (a) culpable injury of life, body or health; (b) wilful misconduct and (c) gross negligence of our managerial staff (“leitende Angestellte”) or our authorized directors (“Organe”). 8.2 If the delivered Product is defective, we shall have the choice of subsequent fulfilment (“Nacherfüllung”) by rectification of the defect (“Nachbesserung”) or delivery of a fault-free product (“Nachlieferung”). Subsequent fulfilment shall not be construed as admission of any legal obligation. In the case of rectification of the defect, the remainder of the original warranty period shall commence on completion of the rectification measures or redelivery of the repaired Product. The same shall apply in case of substitute supply. 8.3 The place of performance of subsequent fulfilment shall be the originally agreed place of delivery, where we made the Product ready for collection or dispatch. In the cases of Clause 6.1, the place of performance of subsequent fulfilment shall be the place of completed erection, installation or commissioning of the Product. The buyer shall have no claims for expenses necessary for subsequent fulfilment, especially carriage, tolls, labour and material costs, where such expenses arise because the Product was subsequently brought to a place other than that originally agreed for delivery. Costs of fitting and removing the Product shall also be excluded, except and to the extent of erection, installation or commissioning of the Product carried out by us as per Clause 6.as 1. We shall be entitled to invoice the buyer for any additional costs. The buyer shall only be entitled to claim such costs in the context of compensation as per Clause 9. 8.4 In case of definitive failure of subsequent fulfilment, the buyer shall be entitled to reduce the purchase price (Section 441 of the German Civil Code) or to rescind the respective contract (Sections 323 and 326 para 5 of the German Civil Code). 8.5 The buyer shall have no rights in respect of defects in cases of natural wear and tear or damage occurring through incorrect use, inappropriate storage or failure to observe the manufacturer’s assembly or operating instructions after the passing of risk. The same shall apply to work on, or other tampering with, the Product unless the buyer can prove that the defects it claims were not caused thereby. 8.6 The costs reasonably incurred through unjustified defect complaints shall be borne by the buyer. The same shall apply if we erroneously grant rights in respect of defects, although we are under no obligation to do so. 8.7 If complaints are made because of defective light-sensitive material, the buyer is obliged to inform us about the emulsion number in addition to the numbers of the delivery note and invoice. 8.8 The buyer´s rights of recourse against us in the event of a further sale of the Product shall be limited to the statutory scope of third- party claims for defects against the buyer and shall be conditional upon the buyer meeting his obligation to notify defects to us pursuant to Section 377 of the German Commercial Code (“Handelsgesetzbuch”). 8.9 Further rights in respect of defects of any kind whatsoever are hereby excluded, subject to any compensation claims within the limits of Clause 9. If the Product is sold as a used product, all rights in respect of defects shall be excluded, except compensation claims within the limits of Clause 9.

Warranty Rights. 8.1 The buyer’s rights in respect of defects shall be time-barred one year from delivery of the Product; in the cases as per Clause 6.1, such warranty period shall commence on acceptance of the Product. No such restrictions shall apply (a) if a defect is fraudulently not disclosed or (b) if a guarantee of the quality of the Product was provided (in this regard, the rules of liability and/or period of prescription arising from the guarantee shall also apply). In the event of compensation claims, such restrictions shall also not apply in the following cases: (a) culpable injury of life, body or health; (b) wilful misconduct and and (c) gross negligence of our managerial staff (“leitende Angestellte”) or our authorized directors (“Organe”). 8.2 If the delivered Product is defective, we shall have the choice of subsequent fulfilment (“Nacherfüllung”) by rectification of the defect (“Nachbesserung”) or delivery of a fault-free product (“Nachlieferung”). Subsequent fulfilment shall not be construed as admission of any legal obligation. In the case of rectification of the defect, the remainder of the original warranty period shall commence on completion of the rectification measures or redelivery of the repaired Product. The same shall apply in case of substitute supply. 8.3 The place of performance of subsequent fulfilment shall be the originally agreed place of delivery, where we made the Product ready for collection or dispatch. In the cases of Clause 6.1, the place of performance of subsequent fulfilment shall be the place of completed erection, installation or commissioning of the Product. The buyer shall have no claims for expenses necessary for subsequent fulfilment, especially carriage, tolls, labour and material costs, where such expenses arise because the Product was subsequently brought to a place other than that originally agreed for delivery. Costs of fitting and removing the Product shall also be excluded, except and to the extent of erection, installation or commissioning of the Product carried out by us as per Clause 6. 1. We shall be entitled to invoice the buyer for any additional costs. The buyer shall only be entitled to claim such costs in the context of compensation as per Clause 9. 8.4 In case of definitive failure of subsequent fulfilment, the buyer shall be entitled to reduce the purchase price (Section 441 of the German Civil Code) or to rescind the respective contract (Sections 323 and 326 para 5 of the German Civil Code). 8.5 The buyer shall have no rights in respect of defects in cases of natural wear and tear or damage occurring through incorrect use, inappropriate storage or failure to observe the manufacturer’s assembly or operating instructions after the passing of risk. The same shall apply to work on, or other tampering with, the Product unless the buyer can prove that the defects it claims were not caused thereby. 8.6 The costs reasonably incurred through unjustified defect complaints shall be borne by the buyer. The same shall apply if we erroneously grant rights in respect of defects, although we are under no obligation to do so. 8.7 If complaints are made because of defective light-sensitive material, the buyer is obliged to inform us about the emulsion number in addition to the numbers of the delivery note and invoice. 8.8 The buyer´s rights of recourse against us in the event of a further sale of the Product shall be limited to the statutory scope of third- party claims for defects against the buyer and shall be conditional upon the buyer meeting his obligation to notify defects to us pursuant to Section 377 of the German Commercial Code (“Handelsgesetzbuch”). 8.9 Further rights in respect of defects of any kind whatsoever are hereby excluded, subject to any compensation claims within the limits of Clause 9. If the Product is sold as a used product, all rights in respect of defects shall be excluded, except compensation claims within the limits of Clause 9.