Common use of Warranty Clause in Contracts

Warranty. 9.1 The statutory regulations shall apply to the relationship between BFTS and the pur- chaser, unless otherwise agreed in the following. Product descriptions and guaranteed qualities remain unaffected by this.‌ Notification of material or legal defects must be made to BFTS in writing immediately, at the latest within 2 weeks after the purchaser has discovered the defect. BFTS is to be notified of any activated “Shock and Tilt-Watch” stickers (cf. Fig. 8.6) without delay, within 3 working days at the most after receipt of the goods. The purchaser’s obligations to inspect the goods and give notice of any defects in accordance with §§ 377, 381 BGB (Civil Code) shall apply. Independent of its obligations to inspect the goods and serve notice of any defects, the purchaser is obliged to report any obvious defects (including false deliveries and short deliveries) to BFTS in writing without delay, at the latest within 2 weeks after the receipt of the goods. This is particularly true with regard to obvious defects that result from the dispatching of the goods. Should the purchaser fail to carry out an orderly inspection of the goods and/or to report the defects, then BFTS shall be excluded from any liability for the defect that has not been reported or for false or short deliveries. 9.2 BFTS is entitled to a supplementary performance option (later delivery or remediation). BFTS will bear the costs for the supplementary performance, provided that this does not result in an unreasonable burden (cf. § 439 (3) BGB (Civil Code)). This includes costs for dispatching. 9.3 The cession of warranty rights of the purchaser against BFTS is not permitted. 9.4 BFTS’s warranty obligations shall be waived in particular in cases of failure to observe the operational and maintenance instructions, especially the non-observance of the IN- FOOT Operation Manual, the non-observance of training measures arranged and rec- orded by BFTS, alterations to either the products or services undertaken by either the purchaser or any third parties, usage contrary to the terms of the contract, in particular modifications and errors that occur during installation, damages due to normal wear and tear, humidity, extreme heat or extreme cold in the rooms, any other improper ex- ternal influences or improper usage on the part of the purchaser. Warranty obligations shall in particular be waived in cases in which the goods have been dispatched and transported in an incorrect manner by the purchaser itself, for example failure to comply with the packaging and dispatch requirements available under (“Pack- aging” and “Shock- and Tilt-Watch” sticker, cf. figure 8.6). BFTS explicitly reserves the right to refuse to accept the hardware, should the dispatch thereof not conform to BFTS specifications. 9.5 Regarding the software supplied, BFTS only guarantees the consistency with the pro- gramme specifications provided for by the manufacturer, inasmuch as the software is installed on the systems specified by BFTS in accordance with the manufacturer’s soft- ware guidelines and is used by the purchaser in the combinations contractually speci- fied by BFTS.

Warranty. 9.1 The Unless expressly agreed otherwise, a consumer's warranty claims shall be governed by the statutory regulations shall provisions. Excluded from this are the updating obligations of § 7 VGG, which are expressly excluded by individual agreement. 9.2 If you are an entrepreneur within the meaning of the KSchG, the statutory provisions apply to with the relationship between BFTS following modifications: 9.2.1 Only our own specifications and the pur- chasermanufacturer's product description are binding for the quality of the goods, unless otherwise agreed but not public promotions and statements and other advertising by the manufacturer. 9.2.2 You are obliged to inspect the goods immediately and with due care for deviations in the following. Product descriptions quality and guaranteed qualities remain unaffected by this.‌ Notification quantity and to notify us of material or legal obvious defects must be made to BFTS in writing immediately, at the latest within 2 weeks after the purchaser has discovered the defect. BFTS is to be notified 7 days of any activated “Shock and Tilt-Watch” stickers (cf. Fig. 8.6) without delay, within 3 working days at the most after receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The purchaser’s obligations assertion of warranty claims shall be excluded in the event of a breach of the obligation to inspect the goods and give notice of any defects in accordance with §§ 377, 381 BGB (Civil Code) shall apply. Independent defects. 9.2.3 In the event of its obligations to inspect the goods and serve notice of any defects, we shall provide warranty at our discretion by repair or replacement. In the purchaser is obliged event of rectification, we do not have to report any obvious defects (including false deliveries and short deliveries) to BFTS in writing without delay, at bear the latest within 2 weeks after the receipt of the goods. This is particularly true with regard to obvious defects that result increased costs arising from the dispatching of the goods. Should the purchaser fail to carry out an orderly inspection transportation of the goods and/or to report the defects, then BFTS shall be excluded from any liability for the defect that has not been reported or for false or short deliveries. 9.2 BFTS is entitled to a supplementary performance option (later delivery or remediation). BFTS will bear place other than the costs for the supplementary place of performance, provided that this the transportation does not result in an unreasonable burden (cf. § 439 (3) BGB (Civil Code)). This includes costs for dispatchingcorrespond to the intended use of the goods. 9.3 The cession of warranty rights of 9.2.4 A-Trust warrants that the purchaser against BFTS is not permitted. 9.4 BFTS’s warranty obligations shall be waived in particular in cases of failure to observe software or hardware meets the operational and maintenance instructions, especially the non-observance of the IN- FOOT Operation Manual, the non-observance of training measures arranged and rec- orded by BFTS, alterations to either the products or services undertaken by either the purchaser or any third parties, usage contrary to the terms of the contract, in particular modifications and errors that occur during installation, damages due to normal wear and tear, humidity, extreme heat or extreme cold specifications set out in the rooms, any other improper ex- ternal influences or improper usage on respective offer at the part time of handover/provision. The burden of proof for the purchaser. Warranty obligations shall in particular be waived in cases in which the goods have been dispatched and transported in an incorrect manner by the purchaser itself, for example failure to comply existence of defects lies with the packaging and dispatch requirements available under (“Pack- aging” and “Shock- and Tilt-Watch” sticker, cfcustomer if he is an entrepreneur. figure 8.6). BFTS explicitly reserves the right to refuse to accept the hardware, should the dispatch thereof not conform to BFTS specifications. 9.5 Regarding the software supplied, BFTS only guarantees the consistency with the pro- gramme specifications provided for by the manufacturer, inasmuch as the software is installed on the systems specified by BFTS The presumption of defectiveness in accordance with § 924 ABGB is excluded for entrepreneurs. A-Trust accepts no liability for defects that arise after handover/provision due to a failure to update. In particular, an obligation to update within the manufacturer’s soft- ware guidelines and meaning of § 7 VGG is used by excluded. 9.2.5 If the purchaser in supplementary performance fails twice, you can demand a price reduction or withdraw from the combinations contractually speci- fied by BFTScontract at your discretion. 9.2.6 The warranty period is one year from delivery of the goods.

Warranty. 9.1 (1) The statutory regulations warranty period shall be one year from delivery or, if an acceptance is required, from such acceptance. This provision shall not apply to the relationship between BFTS extent that longer periods of limitation are mandatory by law pursuant to § 438 (1) No. 2 (buildings and things used for buildings) of the pur- chaser, unless otherwise agreed in German Civil Code. (2) The delivered items shall be examined carefully immediately upon delivery to the followingcustomer or to third parties designated by the customer. Product descriptions and guaranteed qualities remain unaffected by this.‌ Notification of material or legal defects must The delivered items shall be made to BFTS in writing immediately, at the latest within 2 weeks after the purchaser has discovered the defect. BFTS is deemed to be notified of any activated “Shock and Tilt-Watch” stickers (cf. Fig. 8.6) without delayapproved unless we receive a written notification with respect to apparent defects or other defects identifiable by an immediate, careful examination, within 3 working seven business days at the most after receipt delivery of the goods. The purchaser’s obligations to inspect the goods and give notice of any defects in accordance with §§ 377, 381 BGB (Civil Code) shall apply. Independent of its obligations to inspect the goods and serve notice of any defects, the purchaser is obliged to report any obvious defects (including false deliveries and short deliveries) to BFTS in writing without delay, at the latest item or otherwise within 2 weeks seven business days after the receipt detection of the goods. This is particularly true with regard defect or at any earlier point in time where the defect was identifiable to obvious defects that result from the dispatching customer during normal use of the goods. Should the purchaser fail to carry out an orderly inspection of the goods and/or to report the defects, then BFTS shall be excluded from any liability for the defect that has not been reported or for false or short deliveriesdelivered item without a detailed examination. 9.2 BFTS is entitled to a supplementary performance option (later delivery or remediation). BFTS will bear the costs for the supplementary performance, provided that this does not result in an unreasonable burden (cf. § 439 (3) BGB (Civil Code))At our request, the rejected delivered item shall be returned to us freight prepaid. This includes If the notice of defect is justified, we shall reimburse the least expensive shipping method; this shall not apply if the costs for dispatchingincrease due to the fact that the delivered item is located at a different place than the place of its intended use. 9.3 The cession (4) In the event of warranty rights material defects of the purchaser against BFTS is not permitteddelivered items, we shall be obliged and entitled, at our option to be made within a reasonable period of time, first to correction or substitute delivery. Should this fail, i.e. correction or substitute delivery be impossible, unreasonable, refused or unreasonably delayed, the customer shall be entitled to rescind the contract or reduce the price reasonably. 9.4 BFTS’s warranty obligations (5) If a defect is based on our fault, the customer shall be waived in particular in cases entitled to demand compensation of failure to observe the operational and maintenance instructions, especially the non-observance of the IN- FOOT Operation Manual, the non-observance of training measures arranged and rec- orded by BFTS, alterations to either the products or services undertaken by either the purchaser or any third parties, usage contrary to the terms of the contract, in particular modifications and errors that occur during installation, damages due to normal wear and tear, humidity, extreme heat or extreme cold in the rooms, any other improper ex- ternal influences or improper usage on the part of the purchaser. Warranty obligations shall in particular be waived in cases in which the goods have been dispatched and transported in an incorrect manner by the purchaser itself, for example failure to comply with the packaging and dispatch requirements available under (“Pack- aging” and “Shock- and Tilt-Watch” sticker, cf. figure 8.6). BFTS explicitly reserves the right to refuse to accept the hardware, should the dispatch thereof not conform to BFTS specifications. 9.5 Regarding the software supplied, BFTS only guarantees the consistency with the pro- gramme specifications provided for by the manufacturer, inasmuch as the software is installed on the systems specified by BFTS in accordance with the manufacturer’s soft- ware guidelines provisions set forth under VII. (6) In the event of defects in the components of other manufacturers, which we are unable to remedy for license-related or factual reasons, we shall, at our option, assert warranty claims against the manufacturers and suppliers for the customer's account or assign warranty to the customer. Warranty claims against us in the event of such defects under any other conditions and under these General Terms of Business shall only exist if the legal enforcement of the above mentioned claims against the manufacturer and supplier was unsuccessful or futile, for instance due to insolvency. During the period of litigation, the limitation of the relevant warranty claims of the customer against us shall be suspended. (7) Warranty shall not apply if the customer changes the delivered item or has the delivered item changed by third parties and elimination of defects is used made impossible or unreasonably difficult as a result. The customer shall in any case bear any additional costs for elimination of defects caused by the purchaser changes. (8) A delivery of used objects agreed with the customer in individual cases shall be effected to the combinations contractually speci- fied exclusion of any warranty for material defects with the exception of liability for damages, which shall be governed by BFTSSection VII of the General Terms of Business.

Warranty. 9.1 The statutory regulations 8.1 Within the scope of the following provisions we guarantee that, at the time of passing of risk of the delivery or service, the products delivered and services rendered are free of defects that would reduce the value or restrictthe suitability in normal use of thegoods or services or in their use agreed according to contract. 8.2 All products and services having a defect during the warranty period, shall apply to - at thediscretion of theSupplier - be subsequentlyimproved free of charge, re-supplied or performed afresh, provided that the relationship between BFTS cause of such defect is based on a material or legal defect which existedalready at the time of passing of risk. Wear and the pur- chasertear by normal use and defects caused by improper use, unless improper handling, transport and storage, respectively, aswell as by non-observance of manufacturer's, mounting or operating instructions, are notwarranted. 8.3 Unless otherwise agreed in writing, the followingdetails about our products, in particular illustrations, drawings, technical data and references to standards and specifications contained in our offers andcatalogues,do not represent any guarantee regarding quality and durability, but are only descriptions or markings. Product descriptions This applies mutatis mutandis to the delivery of samples and guaranteed qualities remain unaffected by this.‌ Notification of material or legal defects must be made to BFTS in writing immediately, at the latest within 2 weeks after the purchaser has discovered the defect. BFTS is to be notified of any activated “Shock and Tilt-Watch” stickers (cf. Fig. 8.6) without delay, within 3 working days at the most after receipt of the goods. specimens. 8.4 The purchaser’s obligations to Customer shall inspect the goods immediately after delivery, even if samples and give notice of any defects specimens had been provided beforehand, and notify us in accordance with §§ 377, 381 BGB (Civil Code) shall apply. Independent of its obligations to inspect the goods and serve notice writing without delay of any defects, including hidden defects, or differences in quantity. Otherwise, the purchaser is obliged to report any obvious goods shall be deemed as accepted, unless defects (including false deliveries and short deliveries) to BFTS in writing without delay, at are concerned that could not be detected during the latest within 2 weeks after inspection. 8.5 The warranty period shall be 24 months from the receipt date of handing over of the goods. This is particularly true with regard to obvious defects that result products totheCustomer atthe place of performance; atthe latest, however, from the dispatching date of the goodsdelivery on its premises. Should the purchaser fail to carry out an orderly inspection of the goods and/or to report the defects, then BFTS shall be excluded from any liability for the defect that has not been reported or for false or short deliveries. 9.2 BFTS is entitled to a supplementary performance option (later delivery or remediation). BFTS will bear the costs for the supplementary performance, provided that this does not result in an unreasonable burden (cf. § 439 (3) BGB (Civil Code)). This includes costs for dispatching. 9.3 The cession of warranty rights of the purchaser against BFTS is not permitted. 9.4 BFTS’s warranty obligations shall be waived in particular in cases of failure to observe the operational and maintenance instructions, especially the non-observance of the IN- FOOT Operation Manual, the non-observance of training measures arranged and rec- orded by BFTS, alterations to either the products or services undertaken by either the purchaser or any third parties, usage contrary to the terms Insofar as work performances are subject of the contract, in particular modifications the warranty period shall begin upon acceptance. 8.6 We shalltake overthe costs that mayaccrue according to item8.2 for subsequent performance. Excluded are follow-up costs for loss of production, loss of profit and errors that occur during installationthe like, damages due as well as extra costs incurred by dispatching the deliverables to normal wear and teara place other than the place of performance. 8.7 The costs accruing by any unjustified notices of defects shall be borne by theCustomer. Lump-sum costburdens fornotices of defects givenby Customers shall not be accepted. 8.8 Insofar asweact asa Supplier of materials orparts to our Customers, humidity, extreme heat or extreme cold in the rooms, we are not subject to any other improper ex- ternal influences or improper usage on the part liability according § 478 of the purchaser. Warranty obligations shall in particular be waived in cases in which the goods have been dispatched and transported in an incorrect manner by the purchaser itself, for example failure to comply with the packaging and dispatch requirements available under (“Pack- aging” and “Shock- and Tilt-Watch” sticker, cf. figure 8.6). BFTS explicitly reserves the right to refuse to accept the hardware, should the dispatch thereof not conform to BFTS specificationsGerman Civil Code [BGB]. 9.5 Regarding the software supplied8.9 Further claims are excluded, BFTS only guarantees the consistency with the pro- gramme specifications provided for by the manufacturer, inasmuch as the software is installed on the systems specified by BFTS unless otherwise stipulated in accordance with the manufacturer’s soft- ware guidelines these Terms and is used by the purchaser in the combinations contractually speci- fied by BFTSConditions of Sale.

Warranty. 9.1 The statutory regulations 8.2.1 These terms and conditions do not grant any guarantees. LEONI excludes any kind of updating obligations. Otherwise, the Customer shall apply be entitled to the relationship between BFTS statutory warranty rights in accordance with the following provisions: 8.2.2 Immediately upon receipt of the goods, the Customer shall inspect the goods for compliance with the contract, in particular for completeness as well as condition and, if applicable, transport damage. Visible deviations, defects and the pur- chaser, unless otherwise agreed in the following. Product descriptions and guaranteed qualities remain unaffected by this.‌ Notification of material or legal defects must damages are to be made notified to BFTS in writing LEONI immediately, at the latest within 2 weeks after the purchaser has discovered the defect. BFTS is to be notified of any activated “Shock and Tilt-Watch” stickers (cf. Fig. 8.6) without delay, within 3 5 working days at of receipt, hidden defects within the most same period after receipt discovery, by written or textual notification with detailed explanation, otherwise the warranty shall lapse. 8.2.3 All claims for defects shall be subject to the condition precedent that the Customer has reported the defect to LEONI without delay in writing or elec- tronically after detection prior to any modification or processing and that a sample of the goods giving rise to the complaint has been provided. Trans- port damage must be noted on the consignment note and the delivery bill and confirmed by the driver with his signature. 8.2.4 Notwithstanding legal regulations, there is no warranty if damages result from improper handling of the goods. The purchaser’s obligations to inspect Furthermore, there is no warranty if the Customer modifies the goods or has them modified by third parties wit- xxxx XXXXX‘s consent and give notice the elimination of the defect is thereby rendered impossible or unreasonably difficult. In any defects in accordance with §§ 377, 381 BGB (Civil Code) shall apply. Independent of its obligations to inspect the goods and serve notice of any defectscase, the purchaser is obliged to report any obvious Customer must bear the additional costs of remedying the defect arising from the modification. 8.2.5 The warranty only applies in case of substantial defects. Substantial defects (including false deliveries and short deliveries) to BFTS in writing without delay, at are those which impair the latest within 2 weeks after the receipt suitability or value of the goods. This is particularly true with regard to obvious defects delivery in such a way that result from the dispatching of the goods. Should the purchaser fail to carry out an orderly inspection of the goods and/or to report the defects, then BFTS shall it cannot be excluded from any liability for the defect that has not been reported or for false or short deliveries. 9.2 BFTS is entitled to a supplementary performance option (later delivery or remediation). BFTS will bear the costs for the supplementary performance, provided that this does not result in an unreasonable burden (cf. § 439 (3) BGB (Civil Code)). This includes costs for dispatching. 9.3 The cession of warranty rights of the purchaser against BFTS is not permitted. 9.4 BFTS’s warranty obligations shall be waived in particular in cases of failure to observe the operational and maintenance instructions, especially the non-observance of the IN- FOOT Operation Manual, the non-observance of training measures arranged and rec- orded by BFTS, alterations to either the products or services undertaken by either the purchaser or any third parties, usage contrary to the terms of the contract, in particular modifications and errors that occur during installation, damages due to normal wear and tear, humidity, extreme heat or extreme cold in the rooms, any other improper ex- ternal influences or improper usage on the part of the purchaser. Warranty obligations shall in particular be waived in cases in which the goods have been dispatched and transported in an incorrect manner used by the purchaser itself, for example failure to comply with the packaging and dispatch requirements available under (“Pack- aging” and “Shock- and Tilt-Watch” sticker, cf. figure 8.6). BFTS explicitly reserves the right to refuse to accept the hardware, should the dispatch thereof not conform to BFTS specifications. 9.5 Regarding the software supplied, BFTS only guarantees the consistency with the pro- gramme specifications provided for by the manufacturer, inasmuch as the software is installed on the systems specified by BFTS Customer in accordance with the manufacturer’s soft- ware guidelines and is used by the purchaser quality/use specified in the combinations contract. In the case of insignificant defects, only a reduction of the purchase price shall be considered instead of further legal regulations applicable to defects not remedied by subsequent perfor- mance. 8.2.6 In the event of a material defect or defect of title within the period of limita- tion for defects pursuant to clause 8.12 below, LEONI will, at its discretion, either restore the goods to their contractual condition or provide a replace- ment free of charge and freight to the contractual place of delivery against return of the defective goods. 8.2.7 LEONI shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs (with the exception of costs incurred because the goods were subsequently taken to a place other than the contractually speci- fied by BFTSagreed place of delivery) if a defect actually exists. Otherwise LEONI may claim reimbursement from als den vertraglich vereinbarten Lieferort verbracht wurde) trägt LEONI, wenn tatsächlich ein Mangel vorliegt. Andernfalls kann LEONI vom Bestel- ler die aus dem unberechtigten Mangelbeseitigungsverlangen entstande- nen Kosten ersetzt verlangen, es sei denn, die fehlende Mangelhaftigkeit war für den Besteller nicht erkennbar. Die Nacherfüllung beinhaltet weder den Ausbau der mangelhaften Sache noch den erneuten Einbau, wenn LEONI ursprünglich nicht zum Einbau verpflichtet war. Unabhängig davon liegt Unverhältnismäßigkeit gemäß § 439 Abs. 4 BGB vor, wenn Ein- und/ oder Ausbaukosten einzeln oder gemeinsam 50% des ursprünglichen Lie- ferwertes übersteigen; LEONI kann dann die ganze Nacherfüllung (ein- schließlich einer etwaigen Kostenerstattung) verweigern. 8.2.8 Ersetzte Ware wird Eigentum von LEONI. Für ersetzte Teile gelten wieder die Gewährleistungsregelungen dieser Bedingungen, sofern der Ersatz nicht nur aus Kulanz von LEONI erfolgt. 8.2.9 Sollte die Nachbesserung bzw. Ersatzlieferung fehlschlagen, kann der Besteller vom jeweiligen Einzelbestellvertrag zurücktreten oder Minderung geltend machen. Die Nacherfüllung gilt erst nach zwei erfolglosen Versu- chen als fehlgeschlagen. Hat der Besteller im Rahmen der gesetzlichen Vorschriften nach Maßgabe dieser Bedingungen ein Recht zum Rücktritt vom Vertrag, dann muss sich der Besteller innerhalb von zehn Arbeits- tagen nach Eintritt der Voraussetzungen erklären, falls er vom Vertrag zurücktreten kann und will, ansonsten steht ihm neben dem Schadens- ersatz, soweit die Haftung von LEONI nicht nach Maßgabe von Ziffer 12 ausgeschlossen oder beschränkt ist, nur die Minderung zu. 8.2.10 LEONI schuldet keine Rückgriffsleistungen gemäß § 445a BGB, voraus- gesetzt der letzte Vertrag in der Lieferkette ist kein Verbrauchsgüterkauf; Rückgriffsleistungen von LEONI nach § 445a BGB sind in diesem Fall ins- besondere dann ausgeschlossen, wenn LEONI nur Teile geliefert hat oder wenn LEONI Teile für Lieferungen nur zusammengebaut hat. 8.2.11 In dem Umfang, in dem LEONI bezüglich der Lieferung oder Teilen der- selben eine Beschaffenheits- und/oder Haltbarkeitsgarantie (§ 443 BGB) abgegeben hat, haftet LEONI im Rahmen der Garantie. Für Schäden, die auf dem Fehlen der garantierten Beschaffenheit oder Haltbarkeit beruhen, aber nicht unmittelbar an der Lieferung eintreten, haftet LEONI allerdings nur dann, wenn das Risiko eines solchen Schadens ersichtlich von der Garantie erfasst ist. 8.2.12 Abweichend von § 438 Abs. 1 Nr. 3 BGB beträgt die allgemeine Verjäh- rungsfrist für Ansprüche aus Sach- und Rechtsmängeln ein Jahr ab Ablie- ferung. Handelt es sich bei der Ware jedoch um ein Bauwerk oder eine Sache, die entsprechend ihrer üblichen Verwendungsweise für ein Bau- werk verwendet worden ist und dessen Mangelhaftigkeit verursacht hat (Baustoff), beträgt die Verjährungsfrist gemäß der gesetzlichen Regelung fünf Jahre ab Ablieferung (§ 438 Abs. 1 Nr. 2 BGB). Unberührt bleiben auch weitere zwingende gesetzliche Sonderregelungen zur Verjährung (insbesondere § 438 Abs. 1 Nr. 1, Abs. 3 BGB, §§ 444, 445b BGB). Die Ablaufhemmung gemäß § 445b Abs. 2 BGB endet jedoch spätestens fünf Jahre nach dem Zeitpunkt, in dem LEONI die Sache dem Besteller abge- liefert hat; dies gilt nicht soweit der letzte Vertrag in der Lieferkette ein Verbrauchsgüterkauf ist.

Warranty. 9.1 15.1. The statutory regulations shall apply warranty period for our services is one year from handover. 15.2. In the absence of any agreement to the relationship between BFTS and contrary (e.g. formal acceptance), the pur- chaser, unless otherwise agreed in time of handover is the following. Product descriptions and guaranteed qualities remain unaffected by this.‌ Notification time of material or legal defects must be made to BFTS in writing immediatelycompletion, at the latest within 2 weeks after when the purchaser customer has discovered taken over the defectwork into his control or has refused to take it over without giving reasons. BFTS With the date on which the customer is notified of completion, in the absence of justified refusal of acceptance the work is deemed to be taken into his control. 15.3. If a joint handover is envisaged, and if the customer does not attend the handover appointment that has been notified to him, the handover is deemed to have taken place on that day. 15.4. The remedying of any activated “Shock a defect that has been claimed by the customer does not represent acknowledgement of a defect. 15.5. The customer must always prove that the defect existed at the time of handover. 15.6. For the remedying of defects, the customer must make the plant or equipment available to us without culpable delay, and Tilt-Watch” stickers must grant us the opportunity for assessment by us or by an expert appointed by us. 15.7. Notices of defects and complaints of all kinds must be notified immediately (cfat the latest after two working days) to the domicile of our company, in writing, with as accurate a description of the defect as possible and stating the possible causes, otherwise the warranty claims are forfeited. FigThe goods or work that are the subject of complaint must be handed over by the customer, insofar as this is feasible. 15.8. 8.6) If the defects alleged by the customer are unjustified, he is obliged to compensate us for expenses incurred for establishing freedom from defects or remedying defects. 15.9. Any utilisation or processing of the defective deliverable that carries the risk of further damage, or makes elimination of the cause more difficult or prevents it, must be stopped by the customer without delay, within 3 working days at the most after receipt of the goodsunless this is unreasonable. 15.10. The purchaser’s obligations to inspect the goods and give notice of any defects in accordance with §§ 377, 381 BGB (Civil Code) shall apply. Independent of its obligations to inspect the goods and serve notice of any defects, the purchaser is obliged to report any obvious defects (including false deliveries and short deliveries) to BFTS in writing without delay, at the latest within 2 weeks after the receipt of the goods. This is particularly true with regard to obvious defects that result from the dispatching of the goods. Should the purchaser fail We are entitled to carry out an orderly inspection of or have carried out any examination that we regard as necessary, even if this renders the goods and/or to report or work pieces unusable. If this examination shows that we are not responsible for any defect, the defects, then BFTS shall be excluded from any liability for the defect that has not been reported or for false or short deliveries. 9.2 BFTS is entitled to a supplementary performance option (later delivery or remediation). BFTS will customer must bear the costs for this examination against appropriate remuneration. 15.11. Transportation and travel costs arising in connection with the supplementary performancerectification of defects are to be borne by the customer. On request by us, provided that the customer must provide, free of charge, the necessary workers, energy and premises, and must cooperate in accordance with point 7. 15.12. The customer must grant us at least two attempts to rectify the defect. 15.13. We can avert a request for rescission through improvement or an appropriate price reduction, insofar as this does not result in an unreasonable burden (cf. § 439 (3) BGB (Civil Code)). This includes costs for dispatchingrelate to a significant and unrectifiable defect. 9.3 The cession 15.14. If the deliverables are produced on the basis of warranty rights details, drawings, plans, models or other specifications of the purchaser against BFTS is not permitted. 9.4 BFTS’s customer, we provide warranty obligations shall be waived in particular in cases of failure only for the execution according to observe the operational and maintenance instructions, especially the non-observance of the IN- FOOT Operation Manual, the non-observance of training measures arranged and rec- orded by BFTS, alterations to either the products or services undertaken by either the purchaser or any third parties, usage contrary to the terms of the contract, in particular modifications and errors that occur during installation, damages due to normal wear and tear, humidity, extreme heat or extreme cold in the rooms, any other improper ex- ternal influences or improper usage on the part of the purchaser. Warranty obligations shall in particular be waived in cases in which the goods have been dispatched and transported in an incorrect manner by the purchaser itself, for example failure to comply with the packaging and dispatch requirements available under (“Pack- aging” and “Shock- and Tilt-Watch” sticker, cf. figure 8.6). BFTS explicitly reserves the right to refuse to accept the hardware, should the dispatch thereof not conform to BFTS specifications. 9.5 Regarding 15.15. The fact that the software supplied, BFTS only guarantees work is not fully suitable for the consistency with agreed use does not constitute a defect if this is based exclusively on actual circumstances that differ from the pro- gramme specifications provided for by information that was available at the manufacturer, inasmuch as time of performance because the software is installed on the systems specified by BFTS customer does not fulfil his obligations to cooperate in accordance with point 7. 15.16. Likewise it is not a defect if the manufacturercustomer’s soft- ware guidelines technical installations, such as supply lines, cabling, networks etc. are not in a technically perfect and is used operational condition, or are not compatible with the items supplied. 15.17. For the costs of a correction of defects made by the purchaser in the combinations contractually speci- fied by BFTScustomer himself, we have to pay only if we have given our written approval.

Warranty. 9.1 The statutory regulations 8.2.1 These terms and conditions do not grant any guarantees. LEONI excludes any kind of updating obligations. Otherwise, the Customer shall apply be entitled to the relationship between BFTS statutory warranty rights in accordance with the following provisions: 8.2.2 Immediately upon receipt of the goods, the Customer shall inspect the goods for compliance with the contract, in particular for completeness as well as condition and, if applicable, transport damage. Visible deviations, defects and the pur- chaser, unless otherwise agreed in the following. Product descriptions and guaranteed qualities remain unaffected by this.‌ Notification of material or legal defects must damages are to be made notified to BFTS in writing LEONI immediately, at the latest within 2 weeks after the purchaser has discovered the defect. BFTS is to be notified of any activated “Shock and Tilt-Watch” stickers (cf. Fig. 8.6) without delay, within 3 5 working days at of receipt, hidden defects within the most same period after receipt discovery, by written or textual notification with detailed explanation, otherwise the warranty shall lapse. 8.2.3 All claims for defects shall be subject to the condition precedent that the Customer has reported the defect to LEONI without delay in writing or elec- tronically after detection prior to any modification or processing and that a sample of the goods giving rise to the complaint has been provided. Trans- port damage must be noted on the consignment note and the delivery bill and confirmed by the driver with his signature. 8.2.4 Notwithstanding legal regulations, there is no warranty if damages result from improper handling of the goods. The purchaser’s obligations to inspect Furthermore, there is no warranty if the Customer modifies the goods or has them modified by third parties wit- hout LEONI's consent and give notice the elimination of the defect is thereby rendered impossible or unreasonably difficult. In any defects in accordance with §§ 377, 381 BGB (Civil Code) shall apply. Independent of its obligations to inspect the goods and serve notice of any defectscase, the purchaser is obliged to report any obvious Customer must bear the additional costs of remedying the defect arising from the modification. 8.2.5 The warranty only applies in case of substantial defects. Substantial defects (including false deliveries and short deliveries) to BFTS in writing without delay, at are those which impair the latest within 2 weeks after the receipt suitability or value of the goods. This is particularly true with regard to obvious defects delivery in such a way that result from the dispatching of the goods. Should the purchaser fail to carry out an orderly inspection of the goods and/or to report the defects, then BFTS shall it cannot be excluded from any liability for the defect that has not been reported or for false or short deliveries. 9.2 BFTS is entitled to a supplementary performance option (later delivery or remediation). BFTS will bear the costs for the supplementary performance, provided that this does not result in an unreasonable burden (cf. § 439 (3) BGB (Civil Code)). This includes costs for dispatching. 9.3 The cession of warranty rights of the purchaser against BFTS is not permitted. 9.4 BFTS’s warranty obligations shall be waived in particular in cases of failure to observe the operational and maintenance instructions, especially the non-observance of the IN- FOOT Operation Manual, the non-observance of training measures arranged and rec- orded by BFTS, alterations to either the products or services undertaken by either the purchaser or any third parties, usage contrary to the terms of the contract, in particular modifications and errors that occur during installation, damages due to normal wear and tear, humidity, extreme heat or extreme cold in the rooms, any other improper ex- ternal influences or improper usage on the part of the purchaser. Warranty obligations shall in particular be waived in cases in which the goods have been dispatched and transported in an incorrect manner used by the purchaser itself, for example failure to comply with the packaging and dispatch requirements available under (“Pack- aging” and “Shock- and Tilt-Watch” sticker, cf. figure 8.6). BFTS explicitly reserves the right to refuse to accept the hardware, should the dispatch thereof not conform to BFTS specifications. 9.5 Regarding the software supplied, BFTS only guarantees the consistency with the pro- gramme specifications provided for by the manufacturer, inasmuch as the software is installed on the systems specified by BFTS Customer in accordance with the manufacturer’s soft- ware guidelines and is used by the purchaser quality/use specified in the combinations contract. In the case of insignificant defects, only a reduction of the purchase price shall be considered instead of further legal regulations applicable to defects not remedied by subsequent perfor- mance. 8.2.6 In the event of a material defect or defect of title within the period of limita- tion for defects pursuant to clause 8.12 below, LEONI will, at its discretion, either restore the goods to their contractual condition or provide a replace- ment free of charge and freight to the contractual place of delivery against return of the defective goods. 8.2.7 LEONI shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs (with the exception of costs incurred because the goods were subsequently taken to a place other than the contractually speci- fied by BFTSagreed place of delivery) if a defect actually exists. Otherwise LEONI may claim reimbursement from the Customer of the costs incurred as a result of the unjustified claim for rectification of defects, unless the lack of defect was not recognisable to ler die aus dem unberechtigten Mangelbeseitigungsverlangen entstande- nen Kosten ersetzt verlangen, es sei denn, die fehlende Mangelhaftigkeit war für den Besteller nicht erkennbar. Die Nacherfüllung beinhaltet weder den Ausbau der mangelhaften Sache noch den erneuten Einbau, wenn LEONI ursprünglich nicht zum Einbau verpflichtet war. Unabhängig davon liegt Unverhältnismäßigkeit gemäß § 439 Abs. 4 BGB vor, wenn Ein- und/ oder Ausbaukosten einzeln oder gemeinsam 50% des ursprünglichen Lie- ferwertes übersteigen; LEONI kann dann die ganze Nacherfüllung (ein- schließlich einer etwaigen Kostenerstattung) verweigern. 8.2.8 Ersetzte Ware wird Eigentum von LEONI. Für ersetzte Teile gelten wieder die Gewährleistungsregelungen dieser Bedingungen, sofern der Ersatz nicht nur aus Kulanz von LEONI erfolgt. 8.2.9 Sollte die Nachbesserung bzw. Ersatzlieferung fehlschlagen, kann der Besteller vom jeweiligen Einzelbestellvertrag zurücktreten oder Minderung geltend machen. Die Nacherfüllung gilt erst nach zwei erfolglosen Versu- chen als fehlgeschlagen. Hat der Besteller im Rahmen der gesetzlichen Vorschriften nach Maßgabe dieser Bedingungen ein Recht zum Rücktritt vom Vertrag, dann muss sich der Besteller innerhalb von zehn Arbeits- tagen nach Eintritt der Voraussetzungen erklären, falls er vom Vertrag zurücktreten kann und will, ansonsten steht ihm neben dem Schadens- ersatz, soweit die Haftung von LEONI nicht nach Maßgabe von Ziffer 12 ausgeschlossen oder beschränkt ist, nur die Minderung zu. 8.2.10 LEONI schuldet keine Rückgriffsleistungen gemäß § 445a BGB, voraus- gesetzt der letzte Vertrag in der Lieferkette ist kein Verbrauchsgüterkauf; Rückgriffsleistungen von LEONI nach § 445a BGB sind in diesem Fall ins- besondere dann ausgeschlossen, wenn LEONI nur Teile geliefert hat oder wenn LEONI Teile für Lieferungen nur zusammengebaut hat. 8.2.11 In dem Umfang, in dem LEONI bezüglich der Lieferung oder Teilen der- selben eine Beschaffenheits- und/oder Haltbarkeitsgarantie (§ 443 BGB) abgegeben hat, haftet LEONI im Rahmen der Garantie. Für Schäden, die auf dem Fehlen der garantierten Beschaffenheit oder Haltbarkeit beruhen, aber nicht unmittelbar an der Lieferung eintreten, haftet LEONI allerdings nur dann, wenn das Risiko eines solchen Schadens ersichtlich von der Garantie erfasst ist. 8.2.12 Abweichend von § 438 Abs. 1 Nr. 3 BGB beträgt die allgemeine Verjäh- rungsfrist für Ansprüche aus Sach- und Rechtsmängeln ein Jahr ab Ablie- ferung. Handelt es sich bei der Ware jedoch um ein Bauwerk oder eine Sache, die entsprechend ihrer üblichen Verwendungsweise für ein Bau- werk verwendet worden ist und dessen Mangelhaftigkeit verursacht hat (Baustoff), beträgt die Verjährungsfrist gemäß der gesetzlichen Regelung fünf Jahre ab Ablieferung (§ 438 Abs. 1 Nr. 2 BGB). Unberührt bleiben auch weitere zwingende gesetzliche Sonderregelungen zur Verjährung (insbesondere § 438 Abs. 1 Nr. 1, Abs. 3 BGB, §§ 444, 445b BGB). Die Ablaufhemmung gemäß § 445b Abs. 2 BGB endet jedoch spätestens fünf Jahre nach dem Zeitpunkt, in dem LEONI die Sache dem Besteller abge- liefert hat; dies gilt nicht soweit der letzte Vertrag in der Lieferkette ein Verbrauchsgüterkauf ist.

Warranty. 9.1 18.1. The provisions of the statutory regulations warranty shall apply apply. The warranty period for our services towards business costumers shall be one year from handover. 18.2. In the absence of any agreement to the relationship between BFTS contrary (e.g. formal acceptance), the time of handover shall be the time of completion, at the latest when the customer has taken over the service in its power of disposal or has refused to take over the service without giving reasons. 18.3. If a joint handover is planned and the pur- chaserCustomer fails to attend the handover date notified to him, unless otherwise agreed the handover shall be deemed to have taken place on that date. 18.4. Rectification of a defect claimed by the Customer shall not constitute an acknowledgement of the defect claimed by the Customer. 18.5. The business costumer shall grant us at least two attempts to rectify the defect. 18.6. If the customer's allegations of defects are unjusti- fied, the customer shall be obliged to reimburse us for any expenses incurred in determining that the goods are free of defects or in rectifying the defects. 18.7. The business costumer must always prove that the defect already existed at the time of handover. 18.8. In order to rectify defects, the customer shall make the plant or equipment accessible to us without culpable delay and grant us the opportunity to have it inspected by us or by experts appointed by us. 18.9. Defects in the following. Product descriptions and guaranteed qualities remain unaffected delivery item which the business costumer has discovered or should have discovered by this.‌ Notification examination in the ordinary course of material or legal defects business after de- livery must be made reported to BFTS us in writing immediately, at the latest 8 days after handover. Hidden defects must also be reported within 2 weeks this reasonable period after the purchaser has discovered the defectdis- covery. 18.10. BFTS is to be notified of any activated “Shock and Tilt-Watch” stickers (cf. Fig. 8.6) without delay, within 3 working days at the most after receipt Any use or processing of the goodsdefective object of performance that threatens further damage or makes it more difficult or impossible to determine the cause of the defect must be discontinued by the customer without de- lay, unless this is unreasonable. 18.11. The purchaser’s obligations to inspect If a complaint is not made in due time, the goods shall be deemed to have been accepted. 18.12. We may avert a claim for redhibitory action by improvement or reasonable price reduction, unless the defect is substantial and give notice non-recoverable. 18.13. If the objects of any defects in accordance with §§ 377performance are manufactured on the basis of information, 381 BGB (Civil Code) shall apply. Independent of its obligations to inspect the goods and serve notice of any defectsdrawings, the purchaser is obliged to report any obvious defects (including false deliveries and short deliveries) to BFTS in writing without delayplans, at the latest within 2 weeks after the receipt models or other specifications of the goods. This is particularly true with regard to obvious defects that result from the dispatching of the goods. Should the purchaser fail to carry out an orderly inspection of the goods and/or to report the defectscustomer, then BFTS we shall be excluded from any liability only war- rant for the defect that has not been reported or for false or short deliveries. 9.2 BFTS is entitled to a supplementary performance option (later delivery or remediation). BFTS will bear the costs for the supplementary performance, provided that this does not result in an unreasonable burden (cf. § 439 (3) BGB (Civil Code)). This includes costs for dispatching. 9.3 The cession of warranty rights of the purchaser against BFTS is not permitted. 9.4 BFTS’s warranty obligations shall be waived in particular in cases of failure to observe the operational and maintenance instructions, especially the non-observance of the IN- FOOT Operation Manual, the non-observance of training measures arranged and rec- orded by BFTS, alterations to either the products or services undertaken by either the purchaser or any third parties, usage contrary to the terms of the contract, in particular modifications and errors that occur during installation, damages due to normal wear and tear, humidity, extreme heat or extreme cold in the rooms, any other improper ex- ternal influences or improper usage on the part of the purchaser. Warranty obligations shall in particular be waived in cases in which the goods have been dispatched and transported in an incorrect manner by the purchaser itself, for example failure to comply with the packaging and dispatch requirements available under (“Pack- aging” and “Shock- and Tilt-Watch” sticker, cf. figure 8.6). BFTS explicitly reserves the right to refuse to accept the hardware, should the dispatch thereof not conform to BFTS specifications. 9.5 Regarding the software supplied, BFTS only guarantees the consistency with the pro- gramme specifications provided for by the manufacturer, inasmuch as the software is installed on the systems specified by BFTS execution in accordance with the manufacturer’s soft- ware guidelines and conditions. 18.14. The circumstance that the work is used not fully suita- ble for the agreed use shall not constitute a defect if this is based exclusively on deviating actual conditions from the information available to us at the time of the perfor- mance of the service because the customer does not comply with his obligations to cooperate. 18.15. The defective delivery or samples thereof shall be returned to us by the purchaser business costumer - if economi- cally justifiable. 18.16. The warranty shall be excluded if the customer's technical equipment, such as supply lines, cabling, etc., is not in a technically perfect and operational condition or is not compatible with the combinations contractually speci- fied by BFTSdelivered items, insofar as this circumstance is causal for the defect.

Warranty. 9.1 15.1. The statutory regulations shall apply warranty period for our services is one year from handover. 15.2. In the absence of any agreement to the relationship between BFTS and contrary (e.g. formal acceptance), the pur- chaser, unless otherwise agreed in time of handover is the following. Product descriptions and guaranteed qualities remain unaffected by this.‌ Notification time of material or legal defects must be made to BFTS in writing immediatelycompletion, at the latest within 2 weeks after when the purchaser customer has discovered taken over the defectwork into his control or has refused to take it over without giving reasons. BFTS With the date on which the customer is notified of completion, in the absence of justified refusal of acceptance the work is deemed to be taken into his control. 15.3. If a joint handover is envisaged, and if the customer does not attend the handover appointment that has been notified to him, the handover is deemed to have taken place on that day. 15.4. The remedying of any activated “Shock a defect that has been claimed by the customer does not represent acknowledgement of a defect. 15.5. The customer must always prove that the defect existed at the time of handover. 15.6. For the remedying of defects, the customer must make the plant or equipment available to us without culpable delay, and Tilt-Watch” stickers must grant us the opportunity for assessment by us or by an expert appointed by us. 15.7. Notices of defects and complaints of all kinds must be notified immediately (cfat the latest after working days) to the domicile of our company, in writing, with as accurate a description of the defect as possible and stating the possible causes, otherwise the warranty claims are forfeited. FigThe goods or work that are the subject of complaint must be handed over by the customer, insofar as this is feasible. 15.8. 8.6) If the defects alleged by the customer are unjustified, he is obliged to compensate us for expenses incurred for establishing freedom from defects or remedying defects. 15.9. Any utilisation or processing of the defective deliverable that carries the risk of further damage, or makes elimination of the cause more difficult or prevents it, must be stopped by the customer without delay, within 3 working days at the most after receipt of the goodsunless this is unreasonable. 15.10. The purchaser’s obligations to inspect the goods and give notice of any defects in accordance with §§ 377, 381 BGB (Civil Code) shall apply. Independent of its obligations to inspect the goods and serve notice of any defects, the purchaser is obliged to report any obvious defects (including false deliveries and short deliveries) to BFTS in writing without delay, at the latest within 2 weeks after the receipt of the goods. This is particularly true with regard to obvious defects that result from the dispatching of the goods. Should the purchaser fail We are entitled to carry out an orderly inspection of or have carried out any examination that we regard as necessary, even if this renders the goods and/or to report or work pieces unusable. If this examination shows that we are not responsible for any defect, the defects, then BFTS shall be excluded from any liability for the defect that has not been reported or for false or short deliveries. 9.2 BFTS is entitled to a supplementary performance option (later delivery or remediation). BFTS will customer must bear the costs for this examination against appropriate remuneration. 15.11. Transportation and travel costs arising in connection with the supplementary performancerectification of defects are to be borne by the customer. On request by us, provided that the customer must 15.12. The customer must grant us at least two attempts to rectify the defect. 15.13. We can avert a request for rescission through improvement or an appropriate price reduction, insofar as this does not result in an unreasonable burden (cf. § 439 (3) BGB (Civil Code)). This includes costs for dispatchingrelate to a significant and unrectifiable defect. 9.3 The cession 15.14. If the deliverables are produced on the basis of warranty rights details, drawings, plans, models or other specifications of the purchaser against BFTS is not permitted. 9.4 BFTS’s customer, we provide warranty obligations shall be waived in particular in cases of failure only for the execution according to observe the operational and maintenance instructions, especially the non-observance of the IN- FOOT Operation Manual, the non-observance of training measures arranged and rec- orded by BFTS, alterations to either the products or services undertaken by either the purchaser or any third parties, usage contrary to the terms of the contract, in particular modifications and errors that occur during installation, damages due to normal wear and tear, humidity, extreme heat or extreme cold in the rooms, any other improper ex- ternal influences or improper usage on the part of the purchaser. Warranty obligations shall in particular be waived in cases in which the goods have been dispatched and transported in an incorrect manner by the purchaser itself, for example failure to comply with the packaging and dispatch requirements available under (“Pack- aging” and “Shock- and Tilt-Watch” sticker, cf. figure 8.6). BFTS explicitly reserves the right to refuse to accept the hardware, should the dispatch thereof not conform to BFTS specifications. 9.5 Regarding 15.15. The fact that the software supplied, BFTS only guarantees work is not fully suitable for the consistency with agreed use does not constitute a defect if this is based exclusively on actual circumstances that differ from the pro- gramme specifications provided for by information that was available at the manufacturer, inasmuch as time of performance because the software is installed on the systems specified by BFTS customer does not fulfil his obligations to cooperate in accordance with point 7. 15.16. Likewise it is not a defect if the manufacturercustomer’s soft- ware guidelines technical installations, such as supply lines, cabling, networks etc. are not in a technically perfect and is used by operational condition, or are not compatible with the purchaser in the combinations contractually speci- fied by BFTSitems supplied.

Warranty. 9.1 17.1. For entrepreneurial Customers, the warranty period for our services amounts to one year from handover. 17.2. The statutory regulations shall apply to date of handover will be the relationship between BFTS and the pur- chaser, date of completion unless otherwise agreed in (e.g., the following. Product descriptions and guaranteed qualities remain unaffected by this.‌ Notification date of material or legal defects must be made to BFTS in writing immediatelyformal accep- tance), but at the latest within 2 weeks after when Customer has taken over the purchaser service and placed it under that party’s control, or has discovered the defect. BFTS is to be notified of any activated “Shock and Tilt-Watch” stickers (cf. Fig. 8.6) refused acceptance without delay, within 3 working days at the most after receipt of the goodsproviding grounds. 17.3. The purchaserrectification of a defect claimed by Customer does not constitute acknowledgement of said defect. 17.4. Entrepreneurial Customers shall grant us at least two attempts to remedy defects. 17.5. If Customer’s obligations defect claims are unsubstantiated, Customer shall compensate us for expenses we have incurred by determining the lack of defects or by troubleshooting. 17.6. Entrepreneurial Customers shall always bear the burden of proof that the defect in question was present on the handover date. 17.7. Defects that an entrepreneurial Customer has (or should have) detected in the delivery object by examina- tion in the course of ordinary business after delivery must be indicated to inspect the goods and give notice of any defects in accordance with §§ 377, 381 BGB (Civil Code) shall apply. Independent of its obligations to inspect the goods and serve notice of any defects, the purchaser is obliged to report any obvious defects (including false deliveries and short deliveries) to BFTS us in writing without undue delay, but at the latest 8 days after handover. Hidden defects must also be indicated within 2 weeks this reasonable time limit after the receipt their discovery. 17.8. Customer shall discontinue without undue delay any use or processing of the goods. This is particularly true with regard to obvious defects that result from defective object of delivery which threatens further damage, or hinders or prevents the dispatching cause of the goodsdefect from being determined, provided this is feasible for Customer. 17.9. Should the purchaser fail to carry out an orderly inspection If no notice of defect is made in a timely manner, the goods and/or to report the defects, then BFTS shall will be excluded from any liability for the defect that has not been reported or for false or short deliveriesdeemed accepted. 9.2 BFTS is entitled to a supplementary performance option (later 17.10. Customer shall return the defective delivery or remediation)samples thereof to us, provided this is economically feasible. 17.11. BFTS will The entrepreneurial Customer shall bear the all costs for the supplementary performancereturn transport of the defective item to us. 17.12. Customer shall enable us to determine defects without undue delay. 17.13. The warranty is excluded if Customer’s technical facilities (such as supply lines, cables, etc.) are not in an operational and technically flawless condition, or are not compatible with the delivered object, provided that this does not result in an unreasonable burden (cf. § 439 (3) BGB (Civil Code)). This includes costs for dispatching. 9.3 The cession of warranty rights of the purchaser against BFTS is not permitted. 9.4 BFTS’s warranty obligations shall be waived in particular in cases of failure to observe the operational and maintenance instructions, especially the non-observance of the IN- FOOT Operation Manual, the non-observance of training measures arranged and rec- orded by BFTS, alterations to either the products or services undertaken by either the purchaser or any third parties, usage contrary to the terms of the contract, in particular modifications and errors that occur during installation, damages due to normal wear and tear, humidity, extreme heat or extreme cold in the rooms, any other improper ex- ternal influences or improper usage on the part of the purchaser. Warranty obligations shall in particular be waived in cases in which the goods have been dispatched and transported in an incorrect manner by the purchaser itself, for example failure to comply circumstance has a causal connection with the packaging and dispatch requirements available under (“Pack- aging” and “Shock- and Tilt-Watch” sticker, cf. figure 8.6). BFTS explicitly reserves the right to refuse to accept the hardware, should the dispatch thereof not conform to BFTS specificationsdefect. 9.5 Regarding the software supplied, BFTS only guarantees the consistency with the pro- gramme specifications provided for by the manufacturer, inasmuch as the software is installed on the systems specified by BFTS in accordance with the manufacturer’s soft- ware guidelines and is used by the purchaser in the combinations contractually speci- fied by BFTS.

Warranty. 9.1 1. The statutory regulations Supplier hereby guarantees and assures that all goods and/or services shall apply conform to state-of-the-art technology, all relevant legal provisions, rules and re- gulations issued by the relationship between BFTS applicable authorities and /or industrial trade associa- tions. If, in individual cases, it is necessary to deviate from such stipulations, the Supplier shall obtain the prior written consent of MD. Such consent shall in no way diminish obligations under the warranty. The Supplier also assures that any items of capital expenditure and services pro- vided shall be in compliance with the requirements listed above as well as the respective purchase order and, if applicable, specifications, drawings, CAD data, descriptions and/or samples transmitted or specified by MD and shall be suitable for being used for the intended purposes (warranty of fitness for a particular pur- chaserpose) and intended output and shall dispose of any and all markings, unless otherwise agreed in the following. Product descriptions labeling and guaranteed qualities remain unaffected by this.‌ Notification of material or legal defects must be made to BFTS in writing immediately, certification required for such use at the latest within 2 weeks after intended operation site. 2. In the purchaser event that the Supplier has discovered reservations regarding the defecttype of construction requested by MD, they shall immediately advise MD accordingly in writing. BFTS is No changes may be implemented except prior to be notified of any activated “Shock and Tilt-Watch” stickers (cfwritten consent. Fig. 8.6) without delay, within 3 working days at This shall in no way influence the most after receipt binding nature of the goodsdelivery date originally envisaged. 3. The purchaser’s obligations to inspect MD shall immediately notify the goods and give notice Supplier of any defects in accordance with §§ 377, 381 BGB (Civil Code) shall apply. Independent of its obligations to inspect the goods or services and serve notice of any damage incurred during transport or packing as soon as these are identified in the normal course of business, however in the case of recognizable defects, the purchaser is obliged to report any obvious defects (including false deliveries and short deliveries) to BFTS in writing without delay, at the latest within 2 weeks after the receipt no later than 14 working days following delivery of the goods. This is particularly true , and with regard to obvious defects that result from the dispatching of the goods. Should the purchaser fail to carry out an orderly inspection of the goods and/or to report the concealed defects, then BFTS shall be excluded from any liability for the defect that has not been reported or for false or short deliverieswithin 7 working days after discovery. 9.2 BFTS is entitled to 4. Acceptance or approval of samples or specimen presented shall not imply a supplementary performance option (later delivery or remediation). BFTS will bear the costs for the supplementary performance, provided that this does not result in an unreasonable burden (cf. § 439 (3) BGB (Civil Code)). This includes costs for dispatching. 9.3 The cession wa- iver of warranty rights of the purchaser against BFTS is not permitted. 9.4 BFTS’s warranty obligations shall be waived in particular in cases of failure to observe the operational and maintenance instructions, especially the non-observance of the IN- FOOT Operation Manual, the non-observance of training measures arranged and rec- orded by BFTS, alterations to either the products or services undertaken by either the purchaser or any third parties, usage contrary to the terms of the contract, in particular modifications and errors that occur during installation, damages due to normal wear and tear, humidity, extreme heat or extreme cold in the rooms, any other improper ex- ternal influences or improper usage claims on the part of MD. 5. Within two working days after having received the purchaserreturned goods (being com- plained about), the Supplier shall inform MD of the corrective measures that were immediately taken. 6. Should the Supplier fail to honor his obligation to subsequent performance within a reasonable period of time stipulated by MD, or should subsequent performance be unjustly refused by the Supplier, be unsuccessful or make unreasonable de- mands on MD, especially in the case of imminent danger, MD may, notwith- standing the warranty obligations of the Supplier, undertake the necessary mea- sures itself at the expense and risk of the Supplier, or commission a third party to carry out the same. 7. Warranty obligations shall in particular be waived in cases in which claims expire after a period of 48 months after initial vehicle registration or installation of the replacement parts, however no later than 60 months after delivery of the goods have been dispatched and transported to MD, providing no longer periods are applicable by law for warranty claims. By way of derogation from foregoing provisions, a warranty period of 24 months shall apply with respect to items of capital goods. The warranty period shall start on acceptance of the items of capital goods. 8. In the case of parts which cannot remain operational while the defect is being investigated and/or remedied, any warranty period still in an incorrect manner effect shall be extended by the purchaser itselfduration of such interruption. If parts are replaced or defects remedied, the statutory warranty period for example failure to comply with repaired or replacement parts shall recommence upon completion of the packaging and dispatch requirements available under (“Pack- aging” and “Shock- and Tilt-Watch” sticker, cf. figure 8.6). BFTS explicitly reserves repair or upon receipt of the right to refuse to accept the hardware, should the dispatch thereof not conform to BFTS specificationsreplacement parts by MD. 9.5 Regarding the software supplied9. MD erhält für die ihr durch die Mangelhaftigkeit der Ware entstandenen Aufwen- dungen einen Aufwendungsersatz pro Gewährleistungsfall wie nachfolgend gere- gelt. Gewährleistungsfall bei MD Unternehmen in Europa: 75,- EUR Gewährleistungsfall bei MD Unternehmen in Asien: 750,- CNY Gewährleistungsfall bei MD Unternehmen in Mexiko: 1.500,- MXN MD ist berechtigt einen höheren Aufwendungsersatzanspruch nachzuweisen. Ebenso ist der Lieferant berechtigt zu beweisen, BFTS only guarantees the consistency with the pro- gramme specifications provided for by the manufacturerdass ein niedrigerer oder gar kein Aufwendungsersatzanspruch entstanden ist. 10. Mit dem Zugang der schriftlichen Mängelanzeige von MD beim Lieferanten ist die Verjährung von Gewährleistungsansprüchen gehemmt, inasmuch as the software is installed on the systems specified by BFTS in accordance with the manufacturer’s soft- ware guidelines and is used by the purchaser in the combinations contractually speci- fied by BFTSbis der Lieferant die An- sprüche ablehnt oder den Mangel für beseitigt erklärt oder sonst die Fortsetzung von Verhandlungen über die Ansprüche verweigert. 11. MD behält sich das Recht vor, alle Produkte, die von den MD Spezifikationen ab- weichen, an den Lieferanten auf seine Kosten zur Gutschrift, Rückerstattung oder Ersatz zurückzuschicken.

Warranty. 9.1 The statutory regulations 5.1. Any warranty claims of Purchaser shall apply be subject to the relationship between BFTS and the pur- chaser, unless otherwise agreed in the following. Product descriptions and guaranteed qualities remain unaffected by this.‌ Notification proper performance of material or legal defects must be made to BFTS in writing immediately, at the latest within 2 weeks after the purchaser has discovered the defect. BFTS is to be notified of any activated “Shock and Tilt-Watch” stickers (cf. Fig. 8.6) without delay, within 3 working days at the most after receipt of the goods. The purchaser’s all Purchaser obligations to inspect the goods and give notice of any defects in accordance with under §§ 377, 381 BGB HGB (Civil Handelsgesetzbuch – Commercial Code, “HGB”) in relation to the inspection of the goods and the notification of complaints. Any complaints for deviations in the quantity delivered or for visible defects in the goods are to be notified in writing no later than 5 business days after delivery. If such a defect becomes evident after that period, Purchaser shall applynotify the defect in writing within 5 business days of the time the defect becomes evident. Independent Failure to complain in good time shall be deemed to be Purchaser's acceptance of its obligations the consignment. 5.2. Bühler is to be given an opportunity to inspect the subject goods within a reasonable time period and, if Purchaser's complaint has been made in time and serve notice is justified, to remedy the defect or to provide subsequent delivery within a reasonable and additional time period. A time period is reasonable if remediation of any defectsthe defect or subsequent delivery is possible in the ordinary course of business. 5.3. Purchaser's rights in relation to justified complaints are initially limited to the right to claim subsequent performance. Subsequent performance includes neither the deinstallation of the defective item nor the renewed installation if Bühler was not originally obliged to install it. If subsequent performance fails, Xxxxxxxxx remains entitled to reduce the purchase price or to withdraw from the contract in accordance with statutory regulations. No claims for damages or compensation for lost expenditure may arise to Purchaser except under clause 6 of these Standard Terms of Sales and such claims shall be excluded in all other respects. 5.4. No warranty claim arises in particular in the cases of (i) failure to comply with directions for application or use that come with the delivery unless a key aspect of such directions is incorrect or inaccurate, (ii) improper sizing, load exposure or handling by Purchaser or others, (iii) faulty repair by Purchaser or others or (iv) delivery of used goods. 5.5. In derogation from § 438 (1) point 3 BGB, the purchaser general period of limitation for claims based on defects in quality or title shall be one year from delivery. If the parties have agreed that delivery shall be subject to acceptance, the period of limitation begins to run on acceptance. 5.6. No warranty applies if Purchaser modifies or has a third party modify the delivered item without Xxxxxx'x written consent and if rectifying the defect is obliged to report any obvious defects (including false deliveries and short deliveries) to BFTS in writing without delay, at rendered impossible or unreasonably impeded as a result. Purchaser shall bear the latest within 2 weeks after extra cost of rectifying the receipt of the goods. This is particularly true with regard to obvious defects defect that result from the dispatching of the goods. Should the purchaser fail to carry out an orderly inspection of the goods and/or to report the defects, then BFTS shall be excluded from any liability for the defect that has not been reported or for false or short deliveriesmodification. 9.2 BFTS is entitled to 5.7. If Purchaser makes a supplementary performance option (later delivery or remediation). BFTS will bear the costs for the supplementary performancecomplaint about a partial delivery, provided that this does not result in an unreasonable burden (cfentitle Purchaser to reject the remaining delivery. § 439 (3) BGB (Civil Code)). This includes costs In addition, the complaint does not entitle Purchaser to withhold its payment for dispatching. 9.3 The cession of warranty rights those parts of the purchaser against BFTS is delivery and performance that have not permittedbeen complained about or for other indisputable claims of Bühler. 9.4 BFTS’s warranty obligations shall be waived in particular in cases of failure to observe the operational and maintenance instructions, especially the non-observance of the IN- FOOT Operation Manual, the non-observance of training measures arranged and rec- orded by BFTS, alterations to either the products or services undertaken by either the purchaser or any third parties, usage contrary to the terms of the contract, in particular modifications and errors that occur during installation, damages due to normal wear and tear, humidity, extreme heat or extreme cold in the rooms, any other improper ex- ternal influences or improper usage on the part of the purchaser. Warranty obligations shall in particular be waived in cases in which the goods have been dispatched and transported in an incorrect manner by the purchaser itself, for example failure to comply with the packaging and dispatch requirements available under (“Pack- aging” and “Shock- and Tilt-Watch” sticker, cf. figure 8.6). BFTS explicitly reserves the right to refuse to accept the hardware, should the dispatch thereof not conform to BFTS specifications. 9.5 Regarding the software supplied, BFTS only guarantees the consistency with the pro- gramme specifications provided for by the manufacturer, inasmuch as the software is installed on the systems specified by BFTS in accordance with the manufacturer’s soft- ware guidelines and is used by the purchaser in the combinations contractually speci- fied by BFTS.

Warranty. 9.1 The Supplier must provide defect-free Goods and / or Services. In particular, the Supplier warrants that the Goods / Services comply with the samples, type samples, batch or lot samples, raw material specifications, product, or other specifications on which the contract is based as well as all applicable statutory regulations and regulatory requirements and are fit for the purpose on which the contract is based. The relevant statutory provisions shall apply to the relationship between BFTS rights of the Purchaser in the event of material defects and the pur- chaserdefects of title, unless otherwise agreed in the following. Product descriptions and guaranteed qualities remain unaffected by this.‌ Notification of material or legal defects must be made to BFTS in writing immediately, at the latest within 2 weeks after the purchaser has discovered the defect. BFTS is to be notified of any activated “Shock and Tilt-Watch” stickers (cf. Fig. 8.6) without delay, within 3 working days at the most after receipt of the goods. The purchaser’s obligations to inspect the goods and give notice of any defects in accordance with §§ 377, 381 BGB (Civil Code) shall apply. Independent of its obligations to inspect the goods and serve notice of any defects, the purchaser is obliged to report any obvious defects (including false deliveries and short deliveries) to BFTS in writing without delay, at the latest within 2 weeks after the receipt of the goods. This is particularly true with regard to obvious defects that result from the dispatching of the goods. Should the purchaser fail to carry out an orderly inspection of the goods and/or to report the defects, then BFTS shall be excluded from any liability for the defect that has not been reported or for false or short deliveriesstipulated below. 9.2 BFTS is entitled Insofar as Regulation (EC) 1907/2006 (REACH Regulation) applies to a supplementary performance option (later delivery the deliveries of goods or remediation). BFTS will bear components of goods and insofar as not expressly agreed otherwise, the costs for the supplementary performance, provided that this does not result respective substances must be registered or authorised in an unreasonable burden (cf. § 439 (3) BGB (Civil Code)). This includes costs for dispatchingadvance. 9.3 The cession Purchaser’s commercial obligation to examine the Goods is limited to defects which become apparent during an incoming goods inspection in the course of warranty rights an external examination, including the delivery documents (e.g. transport damage, short delivery), or which are recognisable during a quality control via a random sampling procedure. Moreover, it depends on the extent to which an investigation is feasible in the ordinary course of business, taking into account the circumstances of the purchaser against BFTS individual case. The Purchaser’s obligation to give notice of defects discovered later remains unaffected. Notwithstanding the Purchaser’s duty to inspect, a notice of defect by the Purchaser shall in any case be deemed to have been sent without undue delay and in good time if it is not permittedsent within three working days of discovery or, in the case of obvious defects, of the arrival of the Goods at the Purchaser’s premises. 9.4 BFTS’s Limitations or exclusions of liability by the Supplier are not accepted. In the event of defects and in the event of a warranty obligations claim, the Purchaser shall be waived entitled to the statutory rights in particular respect of defects. Insofar as individual warranty claims, e.g. on the basis of an assumed durability guarantee, go beyond the statutory defect-related rights, these shall remain unaffected. 9.5 A period of 36 months shall apply in cases each case to defect-related claims subject to the statute of failure to observe limitations, beginning with the operational and maintenance instructions, especially the non-observance arrival of the IN- FOOT Operation ManualGoods at the place of destination. Any longer statutory limitation periods for the limitation of defect-related claims as well as the course of the statutory limitation period for guarantees shall remain unaffected. 9.6 If a defect becomes apparent within the limitation period, the non-observance Purchaser shall be entitled, at its own discretion, to demand subsequent performance by way of training measures arranged repair, subsequent delivery, or new manufacture within a reasonable period of time. If the Supplier does not fulfil its obligation to remedy the defect within the set period, the Purchaser may remedy the defect itself and rec- orded demand compensation from the Supplier for any expenses borne or a corresponding advance payment. In the event of defective packaging or incorrect declaration of the Goods, the expenses to be reimbursed to the Purchaser shall also include the costs incurred by BFTSthe Purchaser as a result of this (e.g. for repackaging or new packaging). In urgent cases, alterations if the Supplier could not be reached and there is a risk of disproportionately high damages, the Purchaser has the right to either carry out the products supplementary performance at the expense and risk of the Supplier or services undertaken to have it carried out by either the purchaser or any third parties. The Purchaser shall inform the Supplier of such measures without delay. 9.7 Furthermore, usage contrary to in the terms event of a material defect or defect of title of the Goods, the Purchaser may reduce the purchase price, withdraw from the contract, in particular modifications and errors that occur during installation, claim damages due to normal wear and tear, humidity, extreme heat or extreme cold in the rooms, any other improper ex- ternal influences or improper usage on the part reimbursement of the purchaser. Warranty obligations shall in particular be waived in cases in which the goods have been dispatched and transported in an incorrect manner by the purchaser itself, for example failure to comply with the packaging and dispatch requirements available under (“Pack- aging” and “Shock- and Tilt-Watch” sticker, cf. figure 8.6). BFTS explicitly reserves the right to refuse to accept the hardware, should the dispatch thereof not conform to BFTS specifications. 9.5 Regarding the software supplied, BFTS only guarantees the consistency with the pro- gramme specifications provided for by the manufacturer, inasmuch as the software is installed on the systems specified by BFTS futile expenses in accordance with the manufacturer’s soft- ware guidelines and is used by the purchaser in the combinations contractually speci- fied by BFTSstatutory provisions.