Common use of Defects Liability Clause in Contracts

Defects Liability. 9.1 In this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (the “Defects”). 9.2 In particular, the following shall not be Defects: a) normal wear and tear, non-conformity resulting from excessive strain; b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents; c) installation, erection, modification, commissioning, or pre-commissioning, in each case not carried out by Innomotics; d) non-reproducible software errors; e) defects which do not significantly impair the use of the respective Supplies; f) defects due to unsuitable equipment and/or an unsuitable operating environment, both not provided by Innomotics under this Contract, or due to any external risks not expressly assumed by Innomotics under the Contract. Potential claims of the Customer in relation to other agreements with Innomotics shall not be affected. 9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Innomotics in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Innomotics shall, at its option, remedy a Defect by repair, replacement, or re-performance. Innomotics shall be given a reasonable period of time and opportunity to remedy the Defect. For this purpose, the Customer shall grant Innomotics working access to the non-conforming Supplies, shall undertake any necessary dis-assembly and re-assembly, and shall provide access to operation and maintenance data, all at no charge to Innomotics. For this purpose, the Customer shall at no charge to Innomotics: a) provide Innomotics with the documentation and information which is necessary for the rectification of a defect, b) grant Innomotics working access to the non-conforming Supplies, c) undertake any necessary disassembly and re-assembly, d) for defects that occur in the software: ensure that Innomotics has available to it the necessary hardware and software as well as the necessary operating conditions with suitable personnel. Upon Innomotics´ request, the Customer shall ensure that the title to the replaced parts/items shall pass to Innomotics. 9.4 Unless otherwise agreed, the defects liability period for the Supplies is 12 months. It starts at the date of transfer of risk. For replaced or repaired parts of the Supplies, the defects liability period is 6 months from the date of replacement or repair, if the original defects liability period for the Supplies expires earlier. In any event, the defects liability period shall end no later than 24 months from the beginning of the original defects liability period. 9.5 Innomotics does not warrant or guarantee that the Product will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Innomotics shall only be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Innomotics or, if Innomotics is only the licensee, from Innomotics’ licensor. If the software has been modified or individually developed by Innomotics, Innomotics shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. Defects will only be remedied in the latest software version provided under this Contract. Potential claims of the Customer in relation to an earlier software version shall not be affected, provided that the Customer legitimately uses a license in relation to an earlier version of the software (because the Customer has been given the option to exercise the right of use in relation to the earlier version). Innomotics shall not be liable for software defects if the software is provided free of license fee and/or for validation purposes such as, e.g., trial or demo licenses or as additional programs with application examples attached to the Supplies. 9.6 If and to the extent the Customer has acquired a subscription, Innomotics shall during the agreed term provide and maintain the Supplies in a state suitable for use as contractually agreed and remedy reported Defects in the Supplies in accordance with Clause 9.

Defects Liability. 9.1 In this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (the “Defects”). 9.2 In particular, the following shall not be Defects: a) normal wear and tear, non-conformity resulting from excessive strain;, b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents; c) installation, erection, modification, commissioning, or pre-commissioning, in each case not carried out by Innomotics;Siemens, d) non-reproducible software errors;, e) defects which do not significantly impair the use of the respective Supplies; f) defects due to unsuitable equipment and/or an unsuitable operating environment, both not provided by Innomotics under this Contract, or due to any external risks not expressly assumed by Innomotics under the Contract. Potential claims of the Customer in relation to other agreements with Innomotics shall not be affected. 9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Innomotics Siemens in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Innomotics Siemens shall, at its option, remedy a Defect by repair, replacement, or re-performance. Innomotics Siemens shall be given a reasonable period of time and opportunity to remedy the Defect. For this purpose, the Customer shall grant Innomotics Siemens working access to the non-conforming Supplies, shall undertake any necessary dis-assembly and re-assembly, and shall provide access to operation and maintenance data, all at no charge to Innomotics. For this purpose, the Customer shall at no charge to Innomotics: a) provide Innomotics with the documentation and information which is necessary for the rectification of a defect, b) grant Innomotics working access to the non-conforming Supplies, c) undertake any necessary disassembly and re-assembly, d) for defects that occur in the software: ensure that Innomotics has available to it the necessary hardware and software as well as the necessary operating conditions with suitable personnelSiemens. Upon Innomotics´ Siemens’ request, the Customer shall ensure that the title to the replaced parts/items shall pass to InnomoticsSiemens. The Customer shall be responsible for the customs clearance in the country to where the Supplies are delivered and for the further transport from the places of delivery for all equipment necessary to remedy the Defect. 9.4 Unless otherwise agreed, the defects liability period for any part of the Supplies is 12 months. It starts at the date of transfer of risk. For replaced or repaired parts of the Supplies, the defects liability period is 6 months from the date of replacement or repair, if the original defects liability period for the Supplies expires earlier. In any event, the defects liability period shall end no later than 24 months from the beginning of the original defects liability period. 9.5 Innomotics Siemens does not warrant or guarantee that the Product will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Innomotics Siemens shall only be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Innomotics Siemens or, if Innomotics Siemens is only the licensee, from InnomoticsSiemens’ licensor. If the software has been modified or individually developed by InnomoticsSiemens, Innomotics Siemens shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. Defects will only be remedied in . 9.6 If Siemens carries out remedial work and it is ultimately not established that there was a Defect, the latest software version provided under this Contract. Potential claims Customer shall pay Siemens for such remedial work including error diagnosis. 9.7 Any other liability of Siemens and any claims, rights and remedies of the Customer in relation to an earlier software version shall not be affected, provided that the Customer legitimately uses a license in relation to an earlier version case of defects of the software (because Supplies shall be excluded except as expressly stipulated in this Clause 9 and – provided Siemens failed at least three times in remedying the Customer has been given the option to exercise the right defect – in Clause 15.2 b). All warranties, representations, conditions, and all other terms of use in relation any kind whatsoever implied by statute or law are, to the earlier version). Innomotics shall not be liable for software defects if the software is provided free of license fee and/or for validation purposes such asfullest extent permitted by applicable law, e.g., trial or demo licenses or as additional programs with application examples attached to the Suppliesexcluded from this Contract. 9.6 If and to the extent the Customer has acquired a subscription, Innomotics shall during the agreed term provide and maintain the Supplies in a state suitable for use as contractually agreed and remedy reported Defects in the Supplies in accordance with Clause 9.

Defects Liability. 9.1 In this Contract, and subject to Clause 9.29 2, a defect shall mean any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (the “Defects”). 9.2 In particular, the following shall not be Defects: a) normal wear and tear, non-conformity resulting from excessive strain;, b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents; c) non-conformity resulting from work such as installation, erection, modification, commissioning, or pre-commissioning, in each case not carried out by Innomotics;Siemens Energy, d) non-reproducible software errors;, e) defects which do not significantly materially impair the use of the respective Supplies; f) defects due to unsuitable equipment and/or an unsuitable operating environment, both not provided by Innomotics under this Contract, or due to any external risks not expressly assumed by Innomotics under the Contract. Potential claims of the Customer in relation to other agreements with Innomotics shall not be affected. 9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Innomotics Siemens Energy in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent and obvious defects if the Customer has failed to do so. Upon such written notification, Innomotics Siemens Energy shall, at its optionoption and costs, remedy a Defect by repair, replacement, or re-performance. Innomotics Siemens Energy shall be given a reasonable period of time and opportunity to remedy the Defect. For this purpose, the Customer shall grant Innomotics Siemens Energy working access to the non-conforming Supplies, shall undertake any necessary dis-assembly and re-assembly, and shall provide access to operation and maintenance data, all at no charge to Innomotics. For this purpose, the Customer shall at no charge to Innomotics: a) provide Innomotics with the documentation and information which is necessary for the rectification of a defect, b) grant Innomotics working access to the non-conforming Supplies, c) undertake any necessary disassembly and re-assembly, d) for defects that occur in the software: ensure that Innomotics has available to it the necessary hardware and software as well as the necessary operating conditions with suitable personnelSiemens Energy. Upon Innomotics´ Siemens Energy’s request, the Customer shall ensure that the title to the replaced parts/items shall pass to Innomotics.Siemens Energy. The Customer shall be responsible for the customs clearance in the country to where the Supplies are delivered and for the further transport from the places of delivery for all equipment necessary to remedy the Defect. Upon request of the Customer, Siemens Energy shall be obliged to reimburse the Customer for all such customs duties (if any) against documentary proof and invoice 9.4 Unless otherwise agreed, the defects liability period for any part of the Supplies is 12 months. It starts at the date of transfer of risk. For replaced or repaired parts of the Supplies, the defects liability period is 6 12 months from the date of replacement or repair, if the original defects liability period for the Supplies expires earlier. earlier In any event, the defects liability period shall end no later than 24 months from the beginning of the original defects liability period. 9.5 Innomotics Customer is solely responsible for the conception, implementation and maintenance of a holistic, state- of-the-art security concept to protect its enterprise, plants, systems, machines and networks against Cyberthreats. “ Cyberthreat” shall mean any circumstance or event with the potential to adversely impact Customer’s plants, systems, machines and networks (including the Supplies and Services) via unauthorized access, destruction, disclosure and/or modification of information, denial of service attacks or comparable scenarios. Siemens Energy does not represent, warrant or guarantee that the Product Supplies and Services will be secure from Cyberthreats and does or that they do not contain any vulnerabilityVulnerability. “Vulnerability” shall mean any weakness in the Supplies and Services that could be exploited to permit unauthorized access, use, or modification to the Supplies and Services or computing environment If software is defective, Innomotics Siemens Energy shall only be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Innomotics Siemens Energy or, if Innomotics Siemens Energy is only the licensee, from Innomotics’ Siemens Energy’s licensor. If the software has been modified or individually developed by InnomoticsSiemens Energy, Innomotics Siemens Energy shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. Defects will only be remedied in the latest software version provided under this Contract. Potential claims of the Customer in relation to an earlier software version shall not be affected, provided that the Customer legitimately uses a license in relation to an earlier version of the software (because the Customer has been given the option to exercise the right of use in relation to the earlier version). Innomotics shall not be liable for software defects if the software is provided free of license fee and/or for validation purposes such as, e.g., trial or demo licenses or as additional programs with application examples attached to the Supplies. 9.6 If and to the extent the Customer has acquired a subscription, Innomotics shall during the agreed term provide and maintain the Supplies in a state suitable for use as contractually agreed and remedy reported Defects in the Supplies in accordance with Clause 9.

Defects Liability. 9.1 In 10.1 Innomotics shall be liable for the proper performance of the Services in accordance with this Contract. If Innomotics delivers materials and goods in connection with the Services, and subject Innomotics shall be liable to Clause 9.2, a defect shall mean the Customer for any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (the “Defects”)risk. 9.2 In particular, the following shall not be Defects: a) normal wear and tear, non-conformity resulting from excessive strain; b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents; c) installation, erection, modification, commissioning, or pre-commissioning, in each case not carried out by Innomotics; d) non-reproducible software errors; e) defects which do not significantly impair the use of the respective Supplies; f) defects due to unsuitable equipment and/or an unsuitable operating environment, both not provided by Innomotics under this Contract, or due to any external risks not expressly assumed by Innomotics under the Contract. Potential claims of the Customer in relation to other agreements with Innomotics shall not be affected. 9.3 10.2 The Customer shall immediately inspect the Supplies upon delivery and shall notify Innomotics in writing of any Defects defective Services or defective materials and goods without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Innomotics shallInnomotics, at its option, remedy a Defect by repair, replacement, or re-performance. Innomotics shall be given a reasonable period of time and opportunity to remedy re-perform the DefectServices and/or, at its option, repair or replace defective materials or goods. For this purpose, the The Customer shall grant Innomotics working access to the non-conforming Suppliesdefective Services, material, or goods, and shall undertake any necessary dis-assembly disassembly and re-assemblyreassembly, and shall provide access to operation and maintenance data, all at no charge to Innomotics. For this purpose, the Customer shall at no charge to Innomotics: a) provide Innomotics with the documentation and information which is necessary for the rectification of a defect, b) grant Innomotics working access to the non-conforming SuppliesServices, c) undertake any necessary disassembly and re-assembly, d) for defects that occur in the software: ensure that Innomotics has available to it the necessary hardware and software as well as the necessary operating conditions with suitable personnel. Upon Innomotics´ request, the Customer shall ensure that the title to the replaced parts/items shall pass to Innomotics. 9.4 Unless otherwise 10.3 The defects liability period for Services shall expire 12 months after provision of the defective Services or acceptance if agreed. For materials and goods, the defects liability period for shall expire 12 months after the Supplies is 12 months. It starts at the date of transfer of or risk. For re-performed Services and replaced or repaired parts of the Suppliesmaterials and goods, the defects liability period is 6 months from the date of replacement re-performance, replacement, or repair, if the original defects liability period for the Supplies expires earlier. In any event, the defects liability period shall end no later than 24 months from the beginning of the original defects liability period. 9.5 10.4 There shall be no warranty claim for insignificant deviations from the agreed quality, of only minor impairments of usability, for normal wear and tear, or impairments due to improper or negligent handling by Customer, unsuitable equipment provided by Customer, non-reproducible software errors or special external influences which are not identified within the Contract. In addition, software errors are only deemed a defect if the defect occurs in the most current software version at the given time. 10.5 Innomotics does not warrant or guarantee that any part of the Product Services will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Innomotics shall only be obliged to provide the Customer with an updated version of the software in which the Defect defect has been remedied when Innomotics can be reasonably expected to provide such updated version or, if Innomotics is only licensee, such updated version is reasonably available from Innomotics or, if Innomotics is only the licensee, from Innomotics’ licensor. If the software has been modified or individually developed by Innomotics, Innomotics shall in addition provide the Customer with a workaround or other interim corrective error correcting solution until the provision of an updated version of the softwaresoftware in which the defect is remedied, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be stopped or substantially impeded. Defects will only be remedied in the latest software version provided under this Contract. Potential claims of the Customer in relation to an earlier software version shall not be affected, provided that the Customer legitimately uses a license in relation to an earlier version of the software (because the Customer has been given the option to exercise the right of use in relation to the earlier version). Innomotics shall not be liable for software defects if the software is provided free of license fee and/or for validation purposes such as, e.g., trial or demo licenses or as additional programs with application examples attached to the SuppliesServices. 9.6 10.6 If Innomotics re-performs allegedly defective Services and it is ultimately not established that the Services were defective, the Customer shall pay Innomotics for such re-performance. 10.7 Any other liability of Innomotics and any claims, rights and remedies of the Customer in case of defective Services or defects shall be excluded except as expressly stipulated in this Clause 10 or – in case Innomotics failed at least three times in remedying/re-performing – in Clause 16.2 b). All warranties, representations, conditions, and all other terms of any kind whatsoever implied by law are, to the fullest extent the Customer has acquired a subscriptionpermitted by applicable law, excluded from this Contract. Should Innomotics shall during the agreed term provide and maintain the Supplies in a state suitable for use as contractually agreed and remedy reported Defects in the Supplies in accordance with Clause 9provides quality warranty, such quality warranty would replace rights arising out of defects liability.

Defects Liability. 9.1 9.1. In this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of the Supplies with the express ex- press terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (the “Defects”). 9.2 In particular, the 9.2. The following shall not be Defects: a) normal wear and tear, non-conformity resulting from excessive strain;, b) non-conformity resulting from faulty or negligent handling, or from incorrect changes or incorrect maintenance work or incorrect extension of the Supplies via interfaces by the Customer or any third party; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents; c) installation, erection, modification, commissioningcommission- ing, or pre-commissioning, in each case not carried car- ried out by Innomotics;Siemens, d) non-reproducible software errors;, e) defects which do not significantly impair the use of the respective Supplies; , f) defects due to unsuitable equipment and/or an unsuitable operating environment, both not provided pro- vided by Innomotics Siemens under this Contract, or due to any external risks not expressly assumed by Innomotics Sie- mens under the Contract. Potential claims of the Customer in relation to other agreements with Innomotics Siemens shall not be affected. 9.3 9.3. The Customer shall immediately inspect the Supplies upon delivery and shall notify Innomotics Siemens in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects de- fects if the Customer has failed to do so. Upon such written notification, Innomotics Siemens shall, at its optionop- tion, remedy a Defect by repair, replacement, or re-performanceper- formance. Innomotics Where possible Siemens is entitled to rectify the defect by means of remote access. Siemens shall be given a reasonable period of time and opportunity to remedy rem- edy the Defect. For this purpose, the Customer shall grant Innomotics working access to the non-conforming Supplies, shall undertake any necessary dis-assembly and re-assembly, and shall provide access to operation and maintenance data, all at no charge to Innomotics. For this purpose, the Customer shall at no charge to Innomotics:Sie- mens a) provide Innomotics Siemens with the documentation and information in- formation which is necessary for the rectification of a defect, b) grant Innomotics Siemens working access to the non-conforming con- forming Supplies, c) undertake any necessary disassembly and re-re- assembly, d) for defects that occur in the software: ensure that Innomotics Siemens has available to it the necessary hardware hard- ware and software as well as the necessary operating op- erating conditions with suitable personnel. Upon Innomotics´ Siemens’ request, the Customer shall ensure that the title to the replaced defective parts/items shall pass to InnomoticsSiemens. 9.4 9.4. Unless otherwise agreed, the defects liability period for any part of the Supplies is 12 months. It starts at the date of transfer of riskrisk (as stipulated in Clause 5). For replaced or repaired parts of the Supplies, the defects de- fects liability period is 6 months from the date of replacement replace- ment or repair, if the original defects liability period for the Supplies expires earlier. In any event, the defects liability li- ability period shall end no later than 24 months from the beginning of the original defects liability period. 9.5 Innomotics 9.5. Siemens does not warrant or guarantee that the Product Supplies will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Innomotics Siemens shall only be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Innomotics Siemens or, if Innomotics Siemens is only the licensee, from InnomoticsSiemens’ licensor. If the software has been modified modi- fied or individually developed by InnomoticsSiemens, Innomotics Siemens shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. Defects will only be remedied in the latest software version provided under this Contract. Potential claims of the Customer in relation to an earlier software version shall not be affected, provided that the Customer legitimately uses a license in relation to an earlier ear- lier version of the software (because the Customer has been given the option to exercise the right of use in relation rela- tion to the earlier version). Innomotics Siemens shall not be liable for software defects if the software is provided free of license fee and/or for validation purposes such as, e.g., trial or demo licenses or as additional programs with application examples attached to the Supplies. 9.6 9.6. If and to the extent the Customer has acquired a subscriptionsub- scription, Innomotics Siemens shall during the agreed term provide and maintain the Supplies in a state suitable for use as contractually agreed and remedy reported Defects in the Supplies in accordance with Clause section 9.

Defects Liability. 9.1 10.1 In this Contract, and subject to Clause 9.210.2, a defect shall mean any non-conformity of the Supplies Works with the express terms of this Contract resulting from circumstances existing in the Supplies Works at the time of the transfer of risk to the Customer (the “Defects”). 9.2 In particular, the 10.2 The following shall not be Defects: a) normal wear and tear, non-conformity resulting from excessive strain;, b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents; c) installation, erection, modification, commissioning, or pre-commissioning, in each case not carried out by Innomotics;Siemens, d) non-reproducible software errors;, e) defects which do not significantly impair the use of the respective Supplies; f) defects due to unsuitable equipment and/or an unsuitable operating environment, both not provided by Innomotics under this Contract, or due to any external risks not expressly assumed by Innomotics under the Contract. Potential claims of the Customer in relation to other agreements with Innomotics shall not be affectedWorks. 9.3 10.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Innomotics Siemens in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Innomotics Siemens shall, at its option, remedy a Defect by repair, replacement, or re-performance. Innomotics Siemens shall be given a reasonable period of time and opportunity to remedy the Defect. For this purpose, the Customer shall grant Innomotics Siemens working access to the non-conforming SuppliesWorks, shall undertake any necessary dis-assembly and re-assembly, and shall provide access to operation and maintenance data, all at no charge to Innomotics. For this purpose, the Customer shall at no charge to Innomotics: a) provide Innomotics with the documentation and information which is necessary for the rectification of a defect, b) grant Innomotics working access to the non-conforming Supplies, c) undertake any necessary disassembly and re-assembly, d) for defects that occur in the software: ensure that Innomotics has available to it the necessary hardware and software as well as the necessary operating conditions with suitable personnelSiemens. Upon Innomotics´ Siemens’ request, the Customer shall ensure that the title to the replaced parts/items defective parts shall pass transfer to InnomoticsSiemens. The Customer shall be responsible for the customs clearance in the country where the project is located and for the further transport from the places of delivery for all equipment necessary to remedy the Defect. Insofar as a part has to be merely delivered, the Customer shall immediately inspect that part and shall notify Siemens in writing of any Defects without undue delay. Customer’s claims for defects shall be excluded for any apparent defects, if the Customer has failed to do so. 9.4 10.4 Unless otherwise agreed, the defects liability period for any part of the Supplies Works is 12 months. It starts at the date of transfer of risk. For replaced or repaired parts of the SuppliesWorks, the defects liability period is 6 months from the date of replacement or repair, if the original defects liability period for the Supplies Works expires earlier. In any event, the defects liability period shall end no later than 24 months from the beginning of the original defects liability period. Siemens is not liable for any Defects unless notified in writing by the Customer to Siemens before the end of the defects liability period. 9.5 Innomotics 10.5 Siemens does not warrant or guarantee that the Product Works will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Innomotics Siemens shall only be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Innomotics Siemens or, if Innomotics Siemens is only the licensee, from InnomoticsSiemens’ licensor. If the software has been modified or individually developed by InnomoticsSiemens, Innomotics Siemens shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. Defects will only be remedied in . 10.6 If Siemens carries out remedial work and it is ultimately not established that there was a Defect, the latest software version provided under this Contract. Potential claims Customer shall pay Siemens for such remedial work including error diagnosis. 10.7 Any other liability of Siemens and any claims, rights and remedies of the Customer in relation to an earlier software version shall not be affected, provided that the Customer legitimately uses a license in relation to an earlier version case of defects of the software (because Works shall be excluded except as expressly stipulated in this Clause 10 and – provided Siemens failed at least three times in remedying the Customer has been given the option to exercise the right Defect – in Clause 16.2 b). All warranties, representations, conditions, and all other terms of use in relation any kind whatsoever implied by statute or common law are, to the earlier version). Innomotics shall not be liable for software defects if the software is provided free of license fee and/or for validation purposes such asfullest extent permitted by applicable law, e.g., trial or demo licenses or as additional programs with application examples attached to the Suppliesexcluded from this Contract. 9.6 If and to the extent the Customer has acquired a subscription, Innomotics shall during the agreed term provide and maintain the Supplies in a state suitable for use as contractually agreed and remedy reported Defects in the Supplies in accordance with Clause 9.

Defects Liability. 9.1 In this Contracta.) Metso warrants that the Goods shall be free from defects in material and workmanship attributable to Metso, and subject to Clause 9.2, a provided that any defect shall mean any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (the “Defects”). 9.2 In particular, the following shall not must be Defects: a) normal wear and tear, non-conformity resulting from excessive strain; b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents; c) installation, erection, modification, commissioning, or pre-commissioning, in each case not carried out by Innomotics; d) non-reproducible software errors; e) defects which do not significantly impair the use of the respective Supplies; f) defects due to unsuitable equipment and/or an unsuitable operating environment, both not provided by Innomotics under this Contract, or due to any external risks not expressly assumed by Innomotics under the Contract. Potential claims of the Customer in relation to other agreements with Innomotics shall not be affected. 9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Innomotics claimed in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Innomotics shall, at its option, remedy a Defect by repair, replacement, or re-performance. Innomotics shall be given a reasonable period of time and opportunity to remedy the Defect. For this purpose, the Customer shall grant Innomotics working access to the non-conforming Supplies, shall undertake any necessary dis-assembly and re-assembly, and shall provide access to operation and maintenance data, all at no charge to Innomotics. For this purpose, the Customer shall at no charge to Innomotics: a) provide Innomotics with the documentation and information which is necessary for the rectification of a defect, b) grant Innomotics working access to the non-conforming Supplies, c) undertake any necessary disassembly and re-assembly, d) for defects that occur in the software: ensure that Innomotics has available to it the necessary hardware and software as well as the necessary operating conditions with suitable personnel. Upon Innomotics´ request, the Customer shall ensure that the title to the replaced parts/items shall pass to Innomotics. 9.4 Unless otherwise agreed, within the defects liability period for of, unless otherwise specified in the Supplies is 12 months. It starts at the date of transfer of risk. For replaced or repaired parts of the SuppliesContract, the defects liability period is 6 earliest of (i) twelve months from the date of replacement first industrial use, 2,000 operating hours or repair, if the original defects liability period eighteen months b.) The above warranty shall not apply for the Supplies expires earlier. In any event, the defects liability period shall end no later than 24 months from the beginning (i) ordinary wear and tear or deterio- ration of the original Goods, (ii) wear and consumable parts such as hoses, belts, rubber tyres, blades, linings, discs, batteries, nozzles, oil, fuel, fluids, grease, coolants or other parts which by their nature are expected to be replaced in regular intervals (unless such parts were defective upon delivery in which case they shall be replaced with new parts), (iii) minor defects liability period.which can be 9.5 Innomotics does c.) Except as specifically provided in this clause, Metso has not warrant or guarantee that the Product will be secure from Cyberthreats made and does not contain make any vulnerabilitywarranties, guarantees, representations, in- demnities or the like, whether express, implied, statutory, or otherwise aris- ing from trade usage or practice including without limitation warranties of uninterrupted or error-free operation, fitness for purpose or merchantability and any such warranties, guarantees, representations, in- demnities or the like are expressly disclaimed and excluded. If software is defectiveTechnical, Innomotics de- sign and other information and descriptions in brochures, catalogues or other written documentation shall only be obliged to provide the Customer with an updated version serve as a general description of the software in which the Defect has been remedied when such updated version is reasonably available from Innomotics or, if Innomotics is only the licensee, from Innomotics’ licensor. If the software has been modified or individually developed by Innomotics, Innomotics shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense deliverables and if otherwise the Customer’s business operations would be substantially impeded. Defects will only be remedied in the latest software version provided under this Contract. Potential claims of the Customer in relation to an earlier software version shall not be affected, provided that the Customer legitimately uses a license in relation to an earlier version of the software (because the Customer has been given the option to exercise the right of use in relation to the earlier version)deemed as agreed or guaranteed quality or performance. Innomotics Metso shall not be liable for software defects if any damage to movable or immovable property caused by the software is provided free Goods after Delivery or to products manufactured by Purchaser or to products of license fee and/or for validation purposes such as, e.g., trial or demo licenses or as additional programs with application examples attached to the Supplieswhich Purchaser’s products form a part. 9.6 If and to the extent the Customer has acquired a subscription, Innomotics shall during the agreed term provide and maintain the Supplies in a state suitable for use as contractually agreed and remedy reported Defects in the Supplies in accordance with Clause 9.