Common use of Warranty Clause in Contracts

Warranty. HFS Aichach warrants that the products have the agreed characteris- tics at the time of the passage of the risk and that they are free from defects. The characteristics of the object of delivery shall exclusively be determined by the specific agreements made by the parties in writ- ing with regard to the characteristics and features of the products. Customer’s warranty rights require that the Customer inspects the ob- ject of delivery upon receipt without undue delay and notifies HFS Aichach about any defects without undue delay in writing; hidden de- fects must be notified in writing without undue delay upon their dis- covery. If the products are defective, HFS Aichach shall be entitled to remove the defect at its option by remedying the defects or delivery of replace- ment products, both free of charge to Customer. In the event of any notification of a defect, HFS Aichach shall have the right to inspect and test the products to which objection was made. Upon request of HFS Aichach, Customer shall return the defective products to HFS Aichach at the cost of HFS Aichach. Customer shall grant HFS Aichach the necessary reasonable time and opportunity for remedying the defects or delivering replacement products. Should a defect not be removed or a replacement not be delivered within a reasonable time period granted by Customer or should the removal of a defect by remedy or the delivery of a replacement fail, should such remedy be unreasonable for Customer or has HFS Aichach refused such remedy according to section 439 subsec. 3 BGB, Customer may demand, at its option, the rescission of the contract or a reasonable reduction of the purchase price and/or damages pursuant to para. 8 or the reimbursement of its futile expenses. Items that have been replaced by HFS Aichach shall, upon HFS Aichach’s demand, be returned to HFS Aichach. HFS Aichach shall not assume any warranty for defects for which Customer bears responsibility such as inappropriate or improper use, faulty treatment or incorrect installation of the products by Customer. Die Verjährungsfrist für die Rechte des Kunden wegen Mängeln beträgt vierundzwanzig Monate seit der Ablieferung der Produkte beim Kunden. The period of limitations for claims for defects shall be twenty-four months from the hand-over of the object of delivery to Customer.

Warranty. HFS Aichach warrants that the products have the agreed characteris- tics at the time 7.1 Written notice of defects shall be given immediately after receipt of the passage goods. For merchants (Xxxxxxxx) the obligation to inspect and give notice of defects under Section 377 HGB applies. Where the goods are collected by the Buyer, any obvious defects that are apparent without inspection (including in particular incorrect deliveries, va- riances in quantities and apparent damage) are to be detailed in writing on the acknowled- gement of receipt immediately upon collection of the risk goods. Where goods are shipped, complaints about such defects are to be noted on the acknowledgement of receipt or bill of lading prior to unloading and that they these are free from defects. The characteristics of the object of delivery shall exclusively to be determined by the specific agreements made by the parties in writ- ing with regard handed to the characteristics and features of the products. Customer’s warranty rights require that the Customer inspects the ob- ject of delivery upon receipt without undue delay and notifies HFS Aichach about any defects without undue delay in writing; hidden de- fects must be notified in writing without undue delay upon their dis- coverycarrier. If the products Buyer fails to give such notification, the goods are defectivedeemed to be approved. The statutory obligations to give notice of defects, HFS Aichach which can only be determined in a proper inspection, and of hidden defects that only manifest themselves later, shall remain unaffected. 7.2 The warranty shall not apply if a defect is attributable to a special instruction issued by the Buyer or the quality of prior work. If our operating and maintenance instructions are not followed, changes are made to the products, parts are exchanged or consumables are used that do not comply with the original specifications, the Buyer shall not be entitled to remove make any claims under the warranty unless he proves that the defect already existed on the transfer of risk. 7.3 Subject to the provision in Section 7.4 the following provisions shall apply in the event of a defect: We are to be provided with the opportunity to inspect the rejected goods. Insofar as a defect in the goods is established, we shall be entitled, at its option by remedying our option, to render subsequent performance either in the defects form of rectifying the defect or delivery of replace- ment products, both delivering new goods free of charge defects. We shall only have to Customerbe bear the installation or removal costs incurred in rendering the subsequent performance if we are responsible for the defect. If subsequent performance fails, if we refuse subsequent performance such or such is unacceptable or impossible for us, the Buyer shall be entitled, at his option, to withdraw from the contract or demand a price reduction. In the event of any notification a price reduction the consideration shall be decreased in the ratio that the value of the work in a defectfree condition would have borne to the actual value at the time the contract was concluded. Claims for damages shall only apply within the scope of the liability provisions set forth in Section 9. 7.4 Insofar as there is a defect in a product or a part thereof, which we acquired from a subsupplier, our claims against subsuppliers shall be assigned to the Buyer for the purposes of meeting our obligations under the warranty. In this case, the Buyer shall only be entitled to assert warranty claims against us if the outof-court enforcement of the claims against the subsupplier has been unsuccessful for an appropriate period of time or has no prospect of success (particularly because of insolvency). While claims are being asserted against the subsupplier, the period of limitation for the relevant claims of the Buyer against us is suspended. The suspension ends as soon as enforcement against the subsupplier has proved to be unsuccessful or impossible. Insofar as the Buyer is entitled to assert warranty claims against us, the provisions set forth in Section 7.3 shall apply in this regard. 7.5 An agreement regarding the quality of the goods to be delivered or the assumption of a defect, HFS Aichach shall have guarantee must be made in writing to be effective. 7.6 We do not warrant that the goods delivered by us are suitable for a purpose unilaterally assumed by the Buyer. 7.7 Any reference to norms generally only includes the more detailed description of the goods. We reserve the right to inspect make changes to the manufacturing method and test design if there is a valid reason for the products to which objection was madechange and such change is reasonable for the Buyer. Upon request of HFS Aichach, Customer Custo- mary breakages and losses shall return the defective products to HFS Aichach at the cost of HFS Aichach. Customer shall grant HFS Aichach the necessary reasonable time and opportunity for remedying the defects or delivering replacement products. Should a defect not be removed or a replacement cause for complaint. Samples and prototypes shall be regarded as illustrative articles that are not be delivered within a reasonable time period granted by Customer or should the removal of a defect by remedy or the delivery of a replacement fail, should such remedy be unreasonable for Customer or has HFS Aichach refused such remedy according binding and subject to section 439 subsec. 3 BGB, Customer may demand, at its option, the rescission of the contract or a reasonable reduction of the purchase price and/or damages pursuant to para. 8 or the reimbursement of its futile expenses. Items that have been replaced by HFS Aichach shall, upon HFS Aichach’s demand, be returned to HFS Aichach. HFS Aichach shall not assume any warranty for defects for which Customer bears responsibility such as inappropriate or improper use, faulty treatment or incorrect installation of the products by Customer. Die Verjährungsfrist für die Rechte des Kunden wegen Mängeln beträgt vierundzwanzig Monate seit der Ablieferung der Produkte beim Kunden. The period of limitations for slight variations. 7.8 Any claims for defects shall may only be twenty-four months from lodged against us by the hand-over of the object of delivery to Customerdirect Buyer and are not assignable.

Warranty. HFS Aichach warrants 11.1 Subject to the below provisions, Seller shall undertake to remedy any defect affecting the fitness for use which is due to a deficiency in design, material or workmanship. Seller shall also be responsible for any defects concerning expressly requested properties. 11.2 The above obligation shall only apply to such defects that the products have the agreed characteris- tics at the time appear within a period of one year, when working a one-shift operation, as of the passage of risk, or as of the completed assembly, in case of a delivery with assembly respectively. 11.3 Buyer may claim the present article only if he informs Xxxxxx in writing and without delay of any defects that have appeared. The arrangements on presumption according to § 924 of the Austrian General Civil Law Code are excluded. Once Seller has been informed of defects in this way, Seller shall - if the defects must be remedied according to the provisions of the present article -at Seller's choice: a) rework the defective goods on site; b) have the defective goods or the defective parts shipped back for reworking; c) replace the defective parts; d) replace the defective goods. 11.4 If Seller arranges for the defective goods or parts to be returned to Seller for the purpose of reworking or replacement, Buyer shall bear the costs and the risk of the transport, unless otherwise agreed. The re-shipment of the reworked or replaced goods or parts to Buyer shall be at Seller's costs and risk, unless otherwise agreed. 11.5 The defective goods or parts, which are replaced according to the present article, shall be at Seller's disposal. 11.6 Seller shall only refund any costs for remedying a defect, undertaken by Xxxxx himself, if Xxxxxx has agreed to this procedure in writing. 11.7 Seller's warranty obligation shall only apply to defects that they appear when observing the applicable operating conditions and putting the item to normal use. His obligation shall, in particular, not apply to defects that are due to inadequate installation on the part of Buyer or Buyer's representative, inadequate maintenance, inadequate repairs or modifications undertaken by other persons than Seller or Seller's representative without the written agreement of Seller, normal wear. 11.8 Seller shall be liable for those parts of the goods that Seller obtained from subcontractors prescribed by Xxxxx only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Xxxxx'x design data, drawings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with Xxxxx'x instructions. In such cases, Buyer shall keep Seller harmless and free from defects. The characteristics of the object of delivery shall exclusively be determined by the specific agreements made by the parties any court action, in writ- ing with regard to the characteristics and features of the products. Customer’s warranty rights require that the Customer inspects the ob- ject of delivery upon receipt without undue delay and notifies HFS Aichach about any defects without undue delay in writing; hidden de- fects must be notified in writing without undue delay upon their dis- covery. If the products are defective, HFS Aichach shall be entitled to remove the defect at its option by remedying the defects or delivery of replace- ment products, both free of charge to Customer. In the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any notification of a defect, HFS Aichach shall have the right to inspect and test the products to which objection was made. Upon request of HFS Aichach, Customer shall return the defective products to HFS Aichach at the cost of HFS Aichach. Customer shall grant HFS Aichach the necessary reasonable time and opportunity for remedying the defects or delivering replacement products. Should a defect not be removed or a replacement not be delivered within a reasonable time period granted by Customer or should the removal of a defect by remedy or the delivery of a replacement fail, should such remedy be unreasonable for Customer or has HFS Aichach refused such remedy according to section 439 subsec. 3 BGB, Customer may demand, at its option, the rescission warranty. 11.9 As of the contract or a reasonable reduction beginning of the purchase price and/or damages pursuant to para. 8 or the reimbursement of its futile expenses. Items that have been replaced by HFS Aichach shallwarranty period, upon HFS Aichach’s demand, be returned to HFS Aichach. HFS Aichach Seller shall not assume accept any warranty for defects for which Customer bears responsibility such as inappropriate or improper use, faulty treatment or incorrect installation of liability that extends beyond the products by Customer. Die Verjährungsfrist für die Rechte des Kunden wegen Mängeln beträgt vierundzwanzig Monate seit der Ablieferung der Produkte beim Kunden. The period of limitations for claims for defects shall be twenty-four months from scope defined in the hand-over of the object of delivery to Customerpresent article.

Warranty. HFS Aichach warrants 11.1 Subject to the below provisions, Seller shall undertake to remedy any defect affecting the fitness for use which is due to a deficiency in design, material or workmanship. Seller shall also be responsible for any defects concerning expressly requested proper- ties. 11.2 The above obligation shall only apply to such defects that the products have the agreed characteris- tics at the time appear within a period of one year, when working a one-shift operation, as of the passage of risk, or as of the completed assem- bly, in case of a delivery with assembly respectively. 11.3 Buyer may claim the present article only if he informs Xxxxxx in writing and without delay of any defects that have appeared. The arrangements on presumption according to § 924 of the Austrian General Civil Law Code are excluded. Once Seller has been informed of defects in this way, Seller shall - if the defects must be remedied according to the provisions of the present article -at Seller's choice: a) rework the defective goods on site; b) have the defective goods or the defective parts shipped back for reworking; c) replace the defective parts; d) replace the defective goods. 11.4 If Seller arranges for the defective goods or parts to be re- turned to Seller for the purpose of reworking or replacement, Buyer shall bear the costs and the risk of the transport, unless otherwise agreed. The re-shipment of the reworked or replaced goods or parts to Buyer shall be at Seller's costs and risk, unless otherwise agreed. 11.5 The defective goods or parts, which are replaced according to the present article, shall be at Seller's disposal. 11.6 Seller shall only refund any costs for remedying a defect, undertaken by Xxxxx himself, if Xxxxxx has agreed to this procedure in writing. 11.7 Seller's warranty obligation shall only apply to defects that they appear when observing the applicable operating conditions and putting the item to normal use. His obligation shall, in particular, not apply to defects that are due to inadequate installation on the part of Buyer or Buyer's representative, inadequate maintenance, inadequate repairs or modifications undertaken by other persons than Seller or Seller's representative without the written agreement of Seller, normal wear. 11.8 Seller shall be liable for those parts of the goods that Seller obtained from subcontractors prescribed by Xxxxx only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with Xxxxx'x instructions. In such cases, Buyer shall keep Seller harm- less and free from defects. The characteristics of the object of delivery shall exclusively be determined by the specific agreements made by the parties any court action, in writ- ing with regard to the characteristics and features of the products. Customer’s warranty rights require that the Customer inspects the ob- ject of delivery upon receipt without undue delay and notifies HFS Aichach about any defects without undue delay in writing; hidden de- fects must be notified in writing without undue delay upon their dis- covery. If the products are defective, HFS Aichach shall be entitled to remove the defect at its option by remedying the defects or delivery of replace- ment products, both free of charge to Customer. In the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any notification of a defect, HFS Aichach shall have the right to inspect and test the products to which objection was made. Upon request of HFS Aichach, Customer shall return the defective products to HFS Aichach at the cost of HFS Aichach. Customer shall grant HFS Aichach the necessary reasonable time and opportunity for remedying the defects or delivering replacement products. Should a defect not be removed or a replacement not be delivered within a reasonable time period granted by Customer or should the removal of a defect by remedy or the delivery of a replacement fail, should such remedy be unreasonable for Customer or has HFS Aichach refused such remedy according to section 439 subsec. 3 BGB, Customer may demand, at its option, the rescission warranty. 11.9 As of the contract or a reasonable reduction beginning of the purchase price and/or damages pursuant to para. 8 or the reimbursement of its futile expenses. Items that have been replaced by HFS Aichach shallwarranty period, upon HFS Aichach’s demand, be returned to HFS Aichach. HFS Aichach Seller shall not assume accept any warranty for defects for which Customer bears responsibility such as inappropriate or improper use, faulty treatment or incorrect installation of liability that extends beyond the products by Customer. Die Verjährungsfrist für die Rechte des Kunden wegen Mängeln beträgt vierundzwanzig Monate seit der Ablieferung der Produkte beim Kunden. The period of limitations for claims for defects shall be twenty-four months from scope defined in the hand-over of the object of delivery to Customerpresent article.

Warranty. HFS Aichach warrants that the products have the agreed characteris- tics at the time 7.1 Written notice of defects shall be given immediately after receipt of the passage goods. For merchants (Xxxxxxxx) the obligation to inspect and give notice of defects under Section 377 HGB applies. Where the goods are collected by the Buyer, any obvious defects that are apparent without inspection (including in particular incorrect deliveries, variances in quantities and apparent damage) are to be detailed in writing on the acknowledgement of receipt immediately upon collection of the risk goods. Where goods are shipped, complaints about such defects are to be noted on the acknow- ledgement of receipt or bill of lading prior to unloading and that they these are free from defects. The characteristics of the object of delivery shall exclusively to be determined by the specific agreements made by the parties in writ- ing with regard handed to the characteristics and features of the products. Customer’s warranty rights require that the Customer inspects the ob- ject of delivery upon receipt without undue delay and notifies HFS Aichach about any defects without undue delay in writing; hidden de- fects must be notified in writing without undue delay upon their dis- coverycarrier. If the products Buyer fails to give such notification, the goods are defectivedeemed to be approved. The statutory obligations to give notice of defects, HFS Aichach which can only be determined in a proper inspection, and of hidden defects that only manifest themselves later, shall remain unaffected. 7.2 The warranty shall not apply if a defect is attributable to a special instruction issued by the Buyer or the quality of prior work. If our operating and maintenance instructions are not followed, changes are made to the products, parts are exchanged or consumables are used that do not comply with the original specifications, the Buyer shall not be entitled to remove make any claims under the warranty unless he proves that the defect already existed on the transfer of risk. 7.3 Subject to the provision in Section 7.4 the following provisions shall apply in the event of a defect: We are to be provided with the opportunity to inspect the rejected goods. Insofar as a defect in the goods is established, we shall be entitled, at its option by remedying our option, to render subsequent performance either in the defects form of rectifying the defect or delivery of replace- ment products, both delivering new goods free of charge defects. We shall only have to Customerbe bear the installation or removal costs incurred in rendering the subsequent performance if we are responsible for the defect. If subsequent performance fails, if we refuse subsequent performance such or such is unacceptable or impossible for us, the Buyer shall be entitled, at his option, to withdraw from the contract or demand a price reduction. In the event of any notification a price reduction the consideration shall be decreased in the ratio that the value of the work in a defect-free condition would have borne to the actual value at the time the contract was concluded. Claims for damages shall only apply within the scope of the liability provisions set forth in Section 9. 7.4 Insofar as there is a defect in a product or a part thereof, which we acquired from a sub-supplier, our claims against sub-suppliers shall be assigned to the Buyer for the purposes of meeting our obligations under the warranty. In this case, the Buyer shall only be entitled to assert warranty claims against us if the out-of-court enforcement of the claims against the sub-supplier has been unsuccessful for an appropriate period of time or has no prospect of success (particularly because of insolvency). While claims are being asserted against the sub-supplier, the period of limitation for the relevant claims of the Buyer against us is suspended. The suspension ends as soon as enforcement against the sub-supplier has proved to be unsuccessful or impossible. Insofar as the Buyer is entitled to assert warranty claims against us, the provisions set forth in Section 7.3 shall apply in this regard. 7.5 An agreement regarding the quality of the goods to be delivered or the assumption of a defect, HFS Aichach shall have guarantee must be made in writing to be effective. 7.6 We do not warrant that the goods delivered by us are suitable for a purpose unilaterally assumed by the Buyer. 7.7 Any reference to norms generally only includes the more detailed description of the goods. We reserve the right to inspect make changes to the manufacturing method and test design if there is a valid reason for the products to which objection was madechange and such change is reasonable for the Buyer. Upon request of HFS Aichach, Customer Customary breakages and losses shall return the defective products to HFS Aichach at the cost of HFS Aichach. Customer shall grant HFS Aichach the necessary reasonable time and opportunity for remedying the defects or delivering replacement products. Should a defect not be removed or a replacement cause for complaint. Samples and prototypes shall be regarded as illustrative articles that are not be delivered within a reasonable time period granted by Customer or should the removal of a defect by remedy or the delivery of a replacement fail, should such remedy be unreasonable for Customer or has HFS Aichach refused such remedy according binding and subject to section 439 subsec. 3 BGB, Customer may demand, at its option, the rescission of the contract or a reasonable reduction of the purchase price and/or damages pursuant to para. 8 or the reimbursement of its futile expenses. Items that have been replaced by HFS Aichach shall, upon HFS Aichach’s demand, be returned to HFS Aichach. HFS Aichach shall not assume any warranty for defects for which Customer bears responsibility such as inappropriate or improper use, faulty treatment or incorrect installation of the products by Customer. Die Verjährungsfrist für die Rechte des Kunden wegen Mängeln beträgt vierundzwanzig Monate seit der Ablieferung der Produkte beim Kunden. The period of limitations for slight variations. 7.8 Any claims for defects shall may only be twenty-four months from lodged against us by the hand-over of the object of delivery to Customerdirect Buyer and are not assignable.

Warranty. HFS Aichach warrants 11.1 Subject to the below provisions, Seller shall undertake to remedy any defect affecting the fitness for use which is due to a deficiency in design, material or workmanship. Seller shall also be responsible for any defects concerning expressly requested properties. 11.2 The above obligation shall only apply to such defects that the products have the agreed characteris- tics at the time appear within a period of one year, when working a one-shift operation, as of the passage of risk, or as of the completed assembly, in case of a delivery with assembly respectively. 11.3 Buyer may claim the present article only if he informs Xxxxxx in writing and without delay of any defects that has appeared. The arrangements on presumption according to § 924 of the Austrian General Civil Law Code are excluded. Once Seller has been informed of defects in this way, Seller shall - if the defects must be remedied according to the provisions of the present article -at Seller's choice: a) rework the defective goods on site; b) have the defective goods or the defective parts shipped back for reworking; c) replace the defective parts; d) replace the defective goods. 11.4 If Seller arranges for the defective goods or parts to be returned to Seller for the purpose of reworking or replacement, Buyer shall bear the costs and the risk of the transport, unless otherwise agreed. The re-shipment of the reworked or replaced goods or parts to Buyer shall be at Seller's costs and risk, unless otherwise agreed. 11.5 The defective goods or parts, which are replaced according to the present article, shall be at Seller's disposal. 11.6 Seller shall only refund any costs for remedying a defect, undertaken by Xxxxx himself, if Xxxxxx has agreed to this procedure in writing. 11.7 Seller's warranty obligation shall only apply to defects that they appear when observing the applicable operating conditions and putting the item to normal use. His obligation shall, in particular, not apply to defects that are due to inadequate installation on the part of Buyer or Buyer's representative, inadequate maintenance, inadequate repairs or modifications undertaken by other persons than Seller or Seller's representative without the written agreement of Seller, normal wear. 11.8 Seller shall be liable for those parts of the goods that Seller obtained from subcontractors prescribed by Xxxxx only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Xxxxx'x design data, drawings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with Xxxxx'x instructions. In such cases, Buyer shall keep Seller harmless and free from defects. The characteristics of the object of delivery shall exclusively be determined by the specific agreements made by the parties any court action, in writ- ing with regard to the characteristics and features of the products. Customer’s warranty rights require that the Customer inspects the ob- ject of delivery upon receipt without undue delay and notifies HFS Aichach about any defects without undue delay in writing; hidden de- fects must be notified in writing without undue delay upon their dis- covery. If the products are defective, HFS Aichach shall be entitled to remove the defect at its option by remedying the defects or delivery of replace- ment products, both free of charge to Customer. In the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third- party goods, or when delivering second-hand goods, Seller shall not accept any notification of a defect, HFS Aichach shall have the right to inspect and test the products to which objection was made. Upon request of HFS Aichach, Customer shall return the defective products to HFS Aichach at the cost of HFS Aichach. Customer shall grant HFS Aichach the necessary reasonable time and opportunity for remedying the defects or delivering replacement products. Should a defect not be removed or a replacement not be delivered within a reasonable time period granted by Customer or should the removal of a defect by remedy or the delivery of a replacement fail, should such remedy be unreasonable for Customer or has HFS Aichach refused such remedy according to section 439 subsec. 3 BGB, Customer may demand, at its option, the rescission warranty. 11.9 As of the contract or a reasonable reduction beginning of the purchase price and/or damages pursuant to para. 8 or the reimbursement of its futile expenses. Items that have been replaced by HFS Aichach shallwarranty period, upon HFS Aichach’s demand, be returned to HFS Aichach. HFS Aichach Seller shall not assume accept any warranty for defects for which Customer bears responsibility such as inappropriate or improper use, faulty treatment or incorrect installation of liability that extends beyond the products by Customer. Die Verjährungsfrist für die Rechte des Kunden wegen Mängeln beträgt vierundzwanzig Monate seit der Ablieferung der Produkte beim Kunden. The period of limitations for claims for defects shall be twenty-four months from scope defined in the hand-over of the object of delivery to Customerpresent article.

Warranty. HFS Aichach warrants that a) The Customer shall – notwithstanding the products have the agreed characteris- tics at the time mandatory provisions of the passage Austrian Consumer Protection Act – inspect in detail every shipment immediately after delivery. Complaints due to an incomplete delivery or due to identified defects shall be made in writing immediately after receipt of the risk individual deliveries, otherwise the delivery shall be considered as accept- ed without reservation and warranty and damage claims to this effect shall be waived. b) In terms of its nature and extent, the defect shall be described in such a way that they are free from defectsallows us to clearly identify the reason for the complaint. The characteristics Customer shall undertake to ensure the temporary storage of the object of delivery items complained about. c) Furthermore, we shall exclusively be determined by the specific agreements made by the parties in writ- ing with regard liable for delivery defects to the characteristics and features exclusion of the products. Customer’s warranty rights require that the Customer inspects the ob- ject of delivery upon receipt without undue delay and notifies HFS Aichach about any defects without undue delay in writing; hidden de- fects must further claims as follows: All such parts shall, at our choice, be notified in writing without undue delay upon their dis- covery. If the products are defective, HFS Aichach shall be entitled to remove the defect at its option by remedying the defects repaired or delivery of replace- ment products, both re-delivered free of charge – notwithstanding the mandatory provisions of the Austrian Consumer Protection Act – if within one year of the delivery date – notwithstanding the mandatory provisions of the Austrian Consum- er Protection Act – evidence can be provided of the delivery item being rendered unusable or its usability being considera- bly impaired due to an event occurring before the transfer of risk, especially due to faulty design, poor quality of materials or defective workmanship. Natural wear, defective material provided by the Customer, improper handling, excessive use, negligence on the part of the Customer and changes without our approval are excluded from the warranty. In Warranty claims may – notwithstanding the event mandatory provisions of any the Austrian Consumer Protection Act – only be acknowledged if they are asserted to us in writing within one week from delivery. Notwithstanding the mandatory provisions of the Austrian Con- sumer Protection Act, we accept no responsibility in the case of used delivery items being sold, repair orders being taken on or in the case of alterations or conversions. For consumers, the warranty period for used delivery items shall be one year from delivery. The Customer shall – notwithstanding the mandatory provisions of the Austrian Consumer Protection Act – carry the full burden of proof for all eligibility requirements, especially for the defect itself, for the point in time at which the defect was identified and for the timeliness of the notification of a defectdefects; in this sense, HFS Aichach especially the presumption rule of § 924 of the Austrian Civil Code shall have be excluded. Notwithstanding the right to inspect and test mandatory provisions of the products to which objection was made. Upon request of HFS Aichach, Customer shall return the defective products to HFS Aichach at the cost of HFS Aichach. Customer shall grant HFS Aichach the necessary reasonable time and opportunity for remedying the defects or delivering replacement products. Should a defect not be removed or a replacement not be delivered within a reasonable time period granted by Customer or should the removal of a defect by remedy or the delivery of a replacement fail, should such remedy be unreasonable for Customer or has HFS Aichach refused such remedy according to section 439 subsec. 3 BGB, Customer may demand, at its optionAustrian Consumer Protection Act, the rescission of the contract or a reasonable reduction of the purchase price and/or damages pursuant to para. 8 or the reimbursement of its futile expenses. Items that have been replaced by HFS Aichach shall, upon HFS Aichach’s demand, be returned to HFS Aichach. HFS Aichach warranty period shall not assume any warranty for defects for which Customer bears responsibility such as inappropriate or improper use, faulty treatment or incorrect installation of recommence from an improvement made by us. d) We provide no guarantees towards our customers in the products legal sense. Manufacturers' guarantees shall remain unaffected by Customer. Die Verjährungsfrist für die Rechte des Kunden wegen Mängeln beträgt vierundzwanzig Monate seit der Ablieferung der Produkte beim Kunden. The period of limitations for claims for defects shall be twenty-four months from the hand-over of the object of delivery to Customerthis.

Warranty. HFS Aichach warrants 23.1 MTI is obligated to rectify any defects that negatively affect service- ability as per the products have following provisions and that arise from a fault in the construction, the material or the design. 23.2 This obligation exists only for defects that were discovered within a pe- riod of 12 months after acceptance or 16 months after notification of readiness to ship – unless another time frame is expressly agreed characteris- tics at in the time contract – and beginning with acceptance as per Art. 22 or Art. 21 in the event of self-assembly by the Buyer. 23.3 For individual explicitly named parts of the passage work (regardless of whether they were manufactured by MTI or not), varying deadlines can be set in the contract. 23.4 The daily operating time is 8 hours; for longer periods of use, the war- ranty period shall be reduced accordingly. 23.5 Any replacement parts or repaired parts delivered on the basis of this Article shall not extend the warranty period. For all other parts of the risk and that they are free from defects. The characteristics of work, the object of delivery warranty period shall exclusively only be determined extended by the specific agreements made length of downtime caused by the parties a defect under this Article. 23.6 The Buyer can only cite this Article if it immediately informs MTI in writ- ing with regard to the characteristics and features of the productsdefects discovered. Customer’s warranty rights require that The Buyer must give MTI every opportu- nity to determine and eliminate these defects. 23.7 MTI must respond to this notification and rectify the Customer inspects defect as quickly as possible, at its own expense except in the ob- ject cases mentioned in No. 8 of delivery upon receipt without undue delay and notifies HFS Aichach about any defects without undue delay in writing; hidden de- fects must be notified in writing without undue delay upon their dis- coverythis Article. If the products are defectivedefect does not require repairs at the installation site, HFS Aichach the Buyer shall send MTI the defective parts for repair or replace- ment. In such cases, MTI’s warranty obligation shall be entitled to remove considered ful- filled when it returns the defect at its option by remedying the defects or delivery of replace- ment products, both free of charge to Customer. In the event of any notification of a defect, HFS Aichach shall have the right to inspect and test the products to which objection was made. Upon request of HFS Aichach, Customer shall return the defective products to HFS Aichach at the cost of HFS Aichach. Customer shall grant HFS Aichach the necessary reasonable time and opportunity for remedying the defects or delivering replacement products. Should a defect not be removed properly repaired part or a replacement not be delivered within a reasonable time period granted by Customer or should part to the removal of a defect by remedy or the delivery of a replacement fail, should such remedy be unreasonable for Customer or has HFS Aichach refused such remedy according to section 439 subsec. 3 BGB, Customer may demand, at its optionBuyer. 23.8 Unless otherwise agreed, the rescission Buyer shall assume the costs and risks of transporting the defective parts, the repaired parts or replacement parts between the installation site and one of the contract or a reasonable reduction of the purchase price and/or damages pursuant to parafollowing locations: I. dem Werk von MTI, wenn der Vertrag „EXW“ oder „FCA“ ge- schlossen ist II. 8 or the reimbursement of its futile expensesdem Hafen, von dem aus MTI den Liefergegenstand versandt hat, wenn der Vertrag FOB, FAS, CIF oder CFR geschlossen ist; III. Items that have been replaced by HFS Aichach shallder Grenze des Landes, upon HFS Aichach’s demandvon dem aus MTI den Liefergegenstand versandt hat, be returned to HFS Aichachin allen anderen Fällen. 23.9 Hat nach Nr. HFS Aichach shall not assume any warranty for defects for which Customer bears responsibility such as inappropriate or improper use7 dieses Artikels die Reparatur am Aufstellungsort zu er- folgen, faulty treatment or incorrect installation of the products by Customerso werden, wenn sich die Parteien nicht einigen, alle Reise- und Aufenthaltskosten des Personals von MTI sowie die Kosten und Gefah- ren des Transports des Materials und der notwendigen Werkzeuge vom Schiedsrichter nach billigem Ermessen unter den Parteien aufgeteilt. 23.10 Die gemäß diesem Artikel ersetzten mangelhaften Teile stehen MTI zur Verfügung. Wird das mangelhafte Teil nicht innerhalb von 4 Wochen nach Zugang des neugelieferten Teiles an MTI zurückgesendet, kann eine Gewährleistung geltend gemacht werden. Das neugelieferte Teil wird dann dem Kunden zu marktüblichen Konditionen berechnet. 23.11 Weigert sich MTI, seiner Verpflichtung nachzukommen, oder handelt MTI trotz Mahnung nicht mit der nötigen Eile, so kann der Käufer die notwendigen Reparaturen auf Kosten und Gefahr von MTI vornehmen lassen; Voraussetzung ist jedoch, dass er diese sorgfältig und in ange- messener Weise vornimmt. 23.12 Die Verjährungsfrist Gewährleistungspflicht von MTI erstreckt sich nicht auf Mängel, die auf den vom Käufer gelieferten Materialien oder einer von ihm vorge- schriebenen Konstruktion beruhen. Eine Gewährleistungsfrist seitens MTI besteht auch nicht für die Rechte vom Käufer zugelieferten Erzeugnisse. 23.13 Die Gewährleistungspflicht von MTI gilt nur für die Mängel, die unter den vertraglich vorgesehenen Betriebsbedingungen und bei ordnungs- gemäßem Gebrauch entstehen. Sie gilt nicht für Mängel, deren Ursache erst nach der Abnahme eingetreten ist. Sie gilt insbesondere nicht für Mängel, die beruhen auf: fehlerhafter Eigenmontage, schlechter In- standhaltung durch den Käufer, Änderungen ohne schriftliche Zustim- mung von MTI, schlecht ausgeführten Reparaturen durch den Käufer oder normaler Abnutzung. Alle Mängelansprüche des Kunden wegen Mängeln beträgt vierundzwanzig Monate seit Käufers erlö- schen – soweit nicht anders vereinbart – nach Ablauf von 12 Monaten nach Abnahme. Im Übrigen gilt Ziffer 24.5 entsprechend. Verschleißteile sind von der Ablieferung Gewährleistung generell ausgeschlossen. 23.14 Nach der Produkte beim KundenAbnahme übernimmt MTI keine weitergehende Haftung, als in diesem Artikel bestimmt ist – auch nicht für Mängel, deren Ursache vor der Abnahme liegt. The period of limitations for claims for defects shall be twenty-four months from the hand-over of the object of delivery to CustomerEs gilt als ausdrücklich vereinbart, dass MTI dem Käufer keinen Schadensersatz zu leisten hat für Verletzung von Perso- nen oder Schäden an Gütern, die nicht Vertragsgegenstand und Schä- den, die nach der Abnahme eingetreten sind, oder für entgangenen Gewinn, sofern sich nicht aus den Umständen des Einzelfalles ergibt, dass MTI grobes Verschulden zur Last fällt. 23.15 Grobes Verschulden liegt nicht in jedem Mangel an Sorgfalt oder Ge- schicklichkeit; grobes Verschulden liegt vielmehr nur vor, wenn MTI schwerwiegende Folgen einer Handlung oder Unterlassung, die er bei Aufwendung fachmännischer Sorgfalt normalerweise hätte vorausse- hen müssen, außer Acht lässt oder wenn er bewusst die Folgen seiner Handlungsweise missachtet.

Warranty. HFS Aichach a) To the extent permitted by law Novar shall only be liable in accordance with the following warranty conditions, which replace any other warranties or guarantees. Any other claim shall be excluded. In particular (unless otherwise agreed in writing) Novar does not warrant the fitness of the product for any specific use which would not be the use for which the product was designed by its manufacturer. b) Except as otherwise expressly provided herein, Novar warrants goods in all material respects to be free of defective materials and faulty workmanship and as conforming to applicable specifications and/or drawings. c) Unless otherwise agreed in writing commenc­ing with Xxxxx’x date of shipment, the warranty period shall run for 12 months. This does not apply to damage claims according to Section 10. These claims are subject to the statutory limitation periods. Also excluded from this limitation are recourse claims in case of consumer products. d) Goods can only be returned with an authorization number (RMA) obtained from Novar in advance of shipment to Novar. The RMA is specific to the relevant goods and quantity. Non-complying goods returned to Novar in accordance with Section 4 f) will be repaired or replaced (subsequent performance), at Novar’s option, and return-shipped at the lowest cost, transportation prepaid. The costs of transportation to Novar have to be borne by Xxxxx. Subsequent performance shall not include removing/de-installing the defective good or re-installing the repaired good or replacement good, unless Novar in the first place undertook to install the good. e) In the event Novar fails to repair or replace the non-complying good within a reasonable time limit set by Buyer, Novar shall accept the return of such goods and refund the purchase price less 20% annual depreciation from shipment date. f) The foregoing states Xxxxx’x exclusive remedy in case of defects. Xxxxx is only entitled to claim damages subject to section 10 (limitation of liability). g) If so requested by Xxxxx, the Buyer shall give Novar sufficient opportunity to verify any fault, in particular to provide faulty goods and their packaging to Novar for inspection. If the Buyer refuses, Xxxxx shall not be liable for such defects. h) Goods subject to wear and tear or burnout through usage shall not be deemed defective because of such wear and tear or burnout. No warranty shall apply if the defect or damage was caused by or related to installation, combination with other parts and/or products, modification to or repair of any goods other than by Novar, the Buyer’s failure to apply required or recommended updates or patches to any software or device in the goods network environment, or resulted from Buyer’s acts, omissions, misuse, or negligence. i) Repaired or replaced goods shall be warranted for the remainder of the unused warranty term or for 90 days from shipment, whichever is longer. j) It is Buyer’s responsibility to ensure that the products have Goods are fit for the agreed characteris- tics at the time of the passage of the risk and that application in which they are used. k) Software, if supplied separately or installed on goods supplied, and warranted by Novar, will be furnished on a medium that is free from defectsof defect in materials or workmanship under nor­mal use for so long as the hardware and/or system is under warranty. The characteristics of During this period, Xxxxx has the object of delivery shall exclusively be determined by the specific agreements made by the parties rights listed in writ- ing section 9 d) with regard to the characteristics and features any defects of the productssoftware. Customer’s Unless stipulated otherwise in a separate software license agreement no further warranty rights require is given in respect of software. l) If Novar provides any services to the Buyer, including but not limited to training or assis­tance with configuration and installation of the goods, Novar shall provide such services in accordance with normal industry practice at such rates as may be specified by Novar in its price list from time to time. In case of non-conformance which Novar has been notified of correctly and promptly, Novar will repeat services and/or correct accordingly. To the extent permitted by law Xxxxx accepts no liability to the Buyer arising out of the provision of such services. m) Novar does not represent or warrant that the Customer inspects goods may not be compromised or circum­vented or that the ob- ject goods will prevent any personal injury or property loss, burglary, robbery, fire or otherwise, or that the goods will in all cases provide adequate warning or protection. Buyer understands that a properly installed and maintained alarm may only reduce the risk of burglary, robbery, fire or other events occurring without providing an alarm, but it is not an insurance or guarantee that such will not occur or that there will be no personal injury or property loss as a result. n) These warranties are for the benefit of the Buyer only and are not assignable or transfer­able. o) Subject to appropriate storage and handling according to the manual Novar grants a guarantee of durability (in the meaning of §443 II German Civil Code) for 24 months from delivery upon receipt without undue delay date to the customer. Excluded are device software, consumables and notifies HFS Aichach about any defects without undue delay in writing; hidden de- fects spare parts. At Novar`s discretion the product will either be replaced or repaired. Defects which occur within the guarantee period must be notified reported in writing without undue delay upon their dis- coveryimmediately on detection or if earlier when it should have been recognized. If the products are defective, HFS Aichach shall be entitled to remove the defect at its option by remedying the defects or delivery of replace- ment products, both free of charge to Customer. p) In the event of any notification the supply of a defect, HFS Aichach shall have the right to inspect and test the products to which objection was madeconsumer product any recourse claims remain unaffected. Upon request of HFS Aichach, Customer shall return the defective products to HFS Aichach at the cost of HFS Aichach. Customer shall grant HFS Aichach the necessary reasonable time and opportunity for remedying the defects or delivering replacement products. Should a defect not be removed or a replacement not be delivered within a reasonable time period granted by Customer or should the removal of a defect by remedy or the delivery of a replacement fail, should such remedy be unreasonable for Customer or has HFS Aichach refused such remedy according to section 439 subsec. 3 BGB, Customer may demand, at its option, the rescission of the contract or a reasonable reduction of the purchase price and/or damages pursuant to para. 8 or the reimbursement of its futile expenses. Items that have been replaced by HFS Aichach shall, upon HFS Aichach’s demand, be returned to HFS Aichach. HFS Aichach shall not assume any warranty for defects for which Customer bears responsibility such as inappropriate or improper use, faulty treatment or incorrect installation of the products by Customer. Die Verjährungsfrist für die Rechte des Kunden wegen Mängeln beträgt vierundzwanzig Monate seit der Ablieferung der Produkte beim Kunden. The period of limitations for Any other recourse claims for defects shall be twenty-four months from the hand-over of the object of delivery to Customerare excluded.