Common use of Liability Clause in Contracts

Liability. Unless liability is regulated differently elsewhere in these conditions, the supplier shall be liable for compensation for damage suffered by the buyer either directly or indirectly as a consequence of an incorrect delivery, or violation of official safety regulations or for any other legal reason attributable to the supplier, only as set out in the following. 1. In general the liability for compensation for damage exists only if the damage was caused by fault of the supplier. 2. If a claim is brought against the buyer based on no-fault liability under mandatory law, the supplier shall assume liability on the buyer’s behalf to the extent to which it would be directly liable. The principles of section 254 BGB shall apply mutatis mutandis to settlement of damages payments between buyer and supplier. The same shall apply in the event of a direct claim against the supplier. 3. The obligation to compensate for damages is excluded if the buyer, for its part, has effectively limited liability to its customer. The buyer shall endeavor to agree liability limitations to the extent permissible by law also in favor of the supplier. 4. Claims brought by the buyer are excluded if the damage was caused by violations attributable to the buyer of operating, maintenance or installation regulations, unsuitable or improper use, incorrect or negligent handling, natural wear and tear, or faulty repair. 5. To the extent provided by law, the supplier shall be liable for measures taken by the buyer to avert damage (e.g. product recalls). 6. If the buyer wishes to assert a claim against the supplier in accordance with the foregoing regulations, the buyer shall fully inform and consult with the supplier without delay. It shall give the supplier the opportunity to investigate the damage. The contractual partners shall consult with each other on the measures to be taken, in particular regarding settlement negotiations. 7. The principles set out in section VII subsection 1 shall apply mutatis mutandis if the supplier is not insured or is insufficiently insured.

Liability. Unless a different liability is regulated differently provision has been made elsewhere in these terms and conditions, the supplier shall only be liable as follows for compensation for damage suffered incurred by the buyer either purchaser directly or indirectly as a consequence result of an incorrect a defective delivery, or violation due to violations of official safety regulations or for any other legal reason reasons attributable to the supplier, only as set out in the following. 1. In general the liability for compensation for damage exists 11.1 The obligation to pay damages shall in principle only apply if the supplier is at fault for the damage was caused by fault of the supplierhim. 2. 11.2 If a claim is brought made against the buyer based Purchaser on nothe basis of strict liability in accordance with non- mandatory law vis-fault liability under mandatory lawà-vis third parties, the supplier Supplier shall assume liability on be liable to the buyer’s behalf Purchaser to the extent to which it that the Supplier would also be directly liable. The principles of section § 254 BGB of the German Civil Code (BGB) shall apply mutatis mutandis to settlement the compensation of damages payments between buyer the Purchaser and supplierthe Supplier. The same This shall also apply in the event of a direct claim against the supplier. 3. 11.3 The obligation to compensate for damages is pay compensation shall be excluded if insofar as the buyer, Purchaser for its part, part has effectively limited its liability to vis-à-vis its customer. The buyer In this respect, the Purchaser shall endeavor endeavour to agree limitations of liability limitations in a legally permissible manner, also in favour of the Supplier. 11.4 Claims of the customer are excluded to the extent permissible by law also in favor of the supplier. 4. Claims brought by the buyer are excluded if that the damage was caused by is attributable to violations of conditions, maintenance, and installation instructions attributable to the buyer of operating, maintenance or installation regulationscustomer, unsuitable or improper use, incorrect faulty or negligent handling, natural wear and tear, tear or faulty repair. 5. To the extent provided by law, the supplier 11.5 The Supplier shall be liable for measures taken by the buyer Purchaser to avert damage (e.g. product recalls)recall action) insofar as the Supplier is legally obliged to do so. 6. If 11.6 The Purchaser shall inform and consult the buyer Supplier immediately and comprehensively if it wishes to assert make a claim against the supplier Supplier in accordance with the foregoing regulations, the buyer shall fully inform and consult with the supplier without delayabove provisions. It He shall give the supplier the opportunity to investigate the case of damage. The contractual partners contracting parties shall consult with each other agree on the measures to be taken, particular in particular regarding the case of settlement negotiations. 7. 11.7 The principles for limiting liability set out in section VII subsection 1 No. 7.1 shall apply mutatis mutandis if be applied accordingly insofar as the supplier is not insured has no or is insufficiently insuredinsufficient insurance.

Liability. Unless 1.) If, in the case of justified complaints, Customer demands supplementary performance, Supplier may, at his option, remove the defect or supply a thing free from defects. If Customer chooses the termination of the contract when the legal conditions for this have been met, Customer shall not be entitled to claim compensation additionally. 2.) If Supplier is liable for damages caused by slight negligence, according to legal provisions and in compliance with these terms, his liability is regulated differently elsewhere in these conditions, the supplier shall be limited. Supplier shall be liable only in case of breach of an essential duty. His liability shall be limited to losses foreseeable at the time of the conclusion of the contract. This limitation of liability is not applicable if loss arises out of death, injury to body or health. As far as losses are covered by an insurance concluded by Customer for compensation the concerned case of damage (except insurance of fixed sums), Supplier shall be liable only for damage related disadvantages suffered by Customer, for instance higher insurance premiums or interest disadvantages which occur before claim settlement by the buyer either directly insurer. Supplier shall not be liable for losses caused by a defect by slight negligence, except if loss arises out of death, injury to body or indirectly as health. Regardless of a consequence fault of an incorrect deliverySupplier, his liability in case of fraudulent concealment of a defect, in case of a guarantee or violation of official safety regulations or for any other legal reason attributable according to the supplier, only as set out in the following. 1. In general the liability for compensation for damage exists only if the damage was caused by fault provisions of the supplier. 2. If a claim is brought against the buyer based on no-fault product liability under mandatory law, the supplier law (Produkthaftungsgesetz) shall assume liability on the buyer’s behalf to the extent to which it would be directly liableremain unaffected. The principles personal liability of section 254 BGB statutory agents, vicarious agents and employees of Supplier for losses arising out of slight negligence shall apply mutatis mutandis to settlement of damages payments between buyer and supplier. The same shall apply in the event of a direct claim against the supplierbe excluded. 3. The obligation to compensate .) Supplier shall not be liable for fair wear and tear or for damages is excluded if the buyer, for its part, has effectively limited liability to its customer. The buyer shall endeavor to agree liability limitations to the extent permissible by law also in favor arising after transfer of the supplier. 4. Claims brought by the buyer are excluded if the damage was risk caused by violations attributable to the buyer of operating, maintenance or installation regulations, unsuitable or improper use, incorrect wrong or negligent handling, natural wear excessive stress, unsuitable operating facilities, faulty construction works, unsuitable soil conditions, and tearsuch chemical, electrochemical or faulty repairelectrical impacts as were not assumed at the time the contract was concluded. Supplier shall likewise not be liable for modifications or repairs carried out by Customer or by a third party. 4.) For delivery of OEM products, Supplier's liability is limited to assignment of Supplier's liability claims against the supplier of the OEM product. In the case that a fault occurs, Supplier is obliged to name to Customer the supplier of the OEM product, including the latter's complete postal address. 5. To the extent provided by law, the supplier shall be liable for measures taken by the buyer to avert damage (e.g. product recalls). 6. If the buyer wishes to assert a claim against the supplier ) The liability in accordance with the foregoing regulations, the buyer shall fully inform and consult with the supplier without delay. It shall give the supplier the opportunity to investigate the damage. The contractual partners shall consult with each other on the measures to be taken, in particular regarding settlement negotiations. 7. The principles set out case of default of delivery is exclusively settled in section VII subsection 1 shall apply mutatis mutandis if the supplier VI. 3. Section X is not insured or is insufficiently insuredapplicable.

Liability. Unless 12.1 LED Linear’s liability for damages caused by simple negligence is regulated differently elsewhere limited to damages arising from the violation of material contractual obligations the fulfilment of which is prerequisite to the proper execution of the agreement and in these conditionsthe observance of which the contractual partner regularly trusts and is entitled to trust; in this case, however, liability shall be limited to the typical foreseeable damage. This limitation of liability shall apply analogously for any damage caused by gross negligence on the part of employees or agents of LED Linear™ who are not corporate bodies or executives of LED Linear™. 12.2 In cases governed by Clause 12.1, the supplier liability shall be liable for compensation for damage suffered by limited to three times the buyer either directly or indirectly as a consequence purchase price of an incorrect delivery, or violation of official safety regulations or for any other legal reason attributable to the supplier, only as set out delivery in the followingquestion. 1. 12.3 In general cases governed by Clause 12.1, the liability for compensation for damage exists only if consequential damages, including lost profits and production downtimes, shall be limited to two and a half time the damage was caused purchase price. 12.4 In cases governed by fault Clause 12.1, the limitation period shall be two years from the time when the claim arose and the Buyer became aware of the supplier. 2circumstances giving rise to the claim. If a claim is brought against Irrespective of the buyer based on no-fault liability under mandatory lawBuyer’s awareness, the supplier claim shall assume liability on the buyer’s behalf to the extent to which it would be directly liable. The principles expire three years after occurrence of section 254 BGB shall apply mutatis mutandis to settlement of damages payments between buyer and supplier. The same shall apply in the event of a direct claim against the supplier. 3. The obligation to compensate for damages is excluded if the buyer, for its part, has effectively limited liability to its customer. The buyer shall endeavor to agree liability limitations to the extent permissible by law also in favor of the supplier. 4. Claims brought by the buyer are excluded if the damage was caused by violations attributable to the buyer of operating, maintenance or installation regulations, unsuitable or improper use, incorrect or negligent handling, natural wear and tear, or faulty repair. 5. To the extent provided by law, the supplier shall be liable for measures taken by the buyer to avert damage (e.g. product recalls). 6. If the buyer wishes to assert a claim against the supplier in accordance with the foregoing regulations, the buyer shall fully inform and consult with the supplier without delay. It shall give the supplier the opportunity to investigate causing the damage. The contractual partners limitation period for claims for damages due to defects shall consult be determined pursuant to Clause 10.10. 12.5 The aforementioned limitations of liability shall apply for all claims for damages irrespective of the legal basis, with each other the exception of damage claims filed by the Buyer (i) for defects inten- tionally not disclosed, (ii) for defects for which a guarantee for the properties of a product was given (in this context, the guarantee provisions and/or limitation periods laid down in the guarantee shall apply as applicable), (iii) pursuant to the German Product Liability Act, (iv) for death, damage to body or health, (v) for intent or (vi) for gross negligence on the measures to be taken, in particular regarding settlement negotiationspart of corporate bodies or executives of LED Linear™. 7. 12.6 The principles set out in section VII subsection 1 aforementioned limitations of liability shall also apply for damage claims filed by the Buyer against corporate bodies, executives, employees or agents of LED Linear™. 12.7 The aforementioned limitations of claims for damages shall apply mutatis mutandis if the supplier is not insured or is insufficiently insuredaccordingly for claims for reimbursement of futile expenses.