Common use of Liability for defects Clause in Contracts

Liability for defects. We must be notified in writing within an exclusion period of 14 (fourteen) days after receipt of the goods or when storing the goods for the customer of any defects after the invoice date. We must be notified immediately in writing of any detected defects that cannot be detected within this period even after careful inspection. To the extent that there are physical or legal defects, we shall be entitled to eliminate the defect or deliver defect-free goods (subsequent performance); the choice of subsequent performance shall be at our discretion. The prerequisite for our liability is that it is not an insignificant defect. We shall be entitled to refuse them should one of the two or both types of subsequent performance be impossible or unreasonable. We may refuse the subsequent fulfilment if customer does not fulfil its payment obligations to the extent that corresponds to the defect-free portion of the performance. In the event of subsequent performance, we must bear all expenditures necessary to remove the defect, in particular costs for transportation, travel, labour and materials, provided these are not increased by the fact that the purchased item was taken to another site than the place of performance. In the event that the subsequent performance fails, customer, at its discretion, shall be entitled to lower the purchase price correspondingly (reduction) or to cancel the contract (cancellation), within the scope of the provisions of law. We shall be liable in accordance with the statutory provisions insofar as customer makes claims for damages that are a result of intent or gross negligence, including intent or gross negligence of our representatives or vicarious agents. Unless we are claimed to be in deliberate breach of contract, our liability for damages shall be limited to the foreseeable, typically occurring damages. Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability in accordance with the German product liability law. To the extent not otherwise specified above, any liability shall be excluded. The period of limitation for claims for defects shall be 12 months, as from the transfer of risk. Representations and warranties shall not be deemed to have been validly given unless we have given them expressly and in writing.

Liability for defects. We must The seller shall be notified entitled but not obligated to participate in writing within an exclusion period of 14 (fourteen) days after receipt of the goods or when storing hand-over inspection for defects and in the goods 1-year and 5-year inspections for defects. If the customer of seller does not participate, the seller does not waive any defects after the invoice right to raise objections at a later date. We must be notified immediately A product is not defective and the buyer may consequently not claim remedies for breach if the product has been produced in writing accordance with the buyer’s instructions or the buyer has demanded the use of any detected defects that cannot be detected within this period even after careful inspectiona specific material, and the seller has used the material demanded. To If a product proves defective and the extent that there are physical or legal buyer gives timely notice of defects, we the buyer may only claim the following remedies for breach in the order stipulated: • The seller repairs the defects. • If repair is not possible or not possible within reasonable time, the buyer may claim replacement. • If the seller does not repair or replace within reasonable time, the buyer shall be entitled to eliminate cancel the defect or deliver defect-free goods (subsequent performance); contract for the choice part of subsequent performance shall be at our discretionthe order which is defective by giving notice to the seller in writing. The prerequisite for our liability is that it buyer is not an insignificant defectentitled to cancel the contract for any previous or future orders to be delivered. We In addition to the above-mentioned remedies the buyer shall be entitled to refuse them should one claim damages, however only to the effect that in all circumstances the seller’s liability is limited in regard to amount to the effect that damages can never exceed the price according to invoice for the part of the two or both types of subsequent performance be impossible or unreasonableorder which is defective. We may refuse the subsequent fulfilment if customer does not fulfil its payment obligations No other remedies for breach are available to the extent that corresponds buyer. The seller assumes no liability for consequential damage or loss, including but not limited to costs pertaining to scaffolding, disassembly, installment and waiting time. The seller assumes no liability for business interruption, loss of profits, loss of time, loss of goodwill or any other indirect and/or non-financial losses. The buyer cannot rely on the remedies if after delivery the products have not been stored or used correctly and in a customary manner and in accordance with user manuals, catalogues and brochures supplied in connection with the order. The seller assumes no liability for damage to the defect-free portion products caused by the buyer’s faulty and inappropriate storage, use or maintenance of the performanceproducts. In Any liability for defects expires 5 years after hand- over of the event building project in which the products form part of. When the products have been delivered to stock or for resale, liability, however, expires no later than 6 years after delivery. If it is established that a claim against the original buyer concerning defects cannot be satisfied or can only be satisfied with great difficulty, subsequent buyers of subsequent performancethe products, we must bear all expenditures necessary to remove the defect, in particular costs for transportation, travel, labour including contractors and materials, provided these are not increased by the fact that the purchased item was taken to another site than the place of performance. In the event that the subsequent performance fails, customer, at its discretionbuilding owners, shall be entitled to lower make a direct claim against the purchase price correspondingly (reduction) or seller if and to cancel the contract (cancellation), within same extent as the scope of original buyer had a claim against the provisions of lawseller. We Disputes concerning such claims shall be liable heard in accordance with the statutory provisions insofar as customer makes claims for damages that are a result clause 13 of intent or gross negligence, including intent or gross negligence of our representatives or vicarious agents. Unless we are claimed to be in deliberate breach of contract, our liability for damages shall be limited to the foreseeable, typically occurring damages. Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability in accordance with the German product liability law. To the extent not otherwise specified above, any liability shall be excluded. The period of limitation for claims for defects shall be 12 months, as from the transfer of risk. Representations and warranties shall not be deemed to have been validly given unless we have given them expressly and in writingthese Terms & Conditions.

Liability for defects. We Claims by the customer for defects in the purchased goods and other compensatory damages claims shall be based on the relevant statutory provisions unless provided otherwise below. The special statutory provisions for final delivery of goods to a consumer (recourse to the supplier (Lieferantenregress) §§ 478, 479 of the German Civil Code (BGB)) shall apply in all cases. Defect- related claims by the customer shall require that it has duly met its responsibilities under § 377 of the German Commercial Code (HGB) to inspect the goods and lodge complaints. Notice shall be deemed filed without undue delay within the meaning of § 377 HGB if filed within one week. Any notice under § 377 HGB must be notified in writing within an exclusion period writing. Should the purchased goods have defects, the customer shall be entitled, at its choice, to subsequent performance in the form of 14 (fourteen) days after receipt rectification of the goods defects or when storing the goods for the customer to delivery of any defects after the invoice date. We must be notified immediately in writing of any detected defects that cannot be detected within this period even after careful inspection. To the extent that there are physical or legal defectsa new, we shall be entitled to eliminate the defect or deliver defect-free goods (subsequent performance); the choice of subsequent performance shall be at our discretion. The prerequisite for our liability is that it is not an insignificant defect. We shall be entitled to refuse them should one of the two or both types of subsequent performance be impossible or unreasonable. We may refuse the subsequent fulfilment if customer does not fulfil its payment obligations to the extent that corresponds to the defect-free portion of the performanceitem. In the event of subsequent defect rectification or substitute delivery, Industrio shall bear any and all expenses necessary for purposes of such performance, we must bear all expenditures necessary to remove the defectin particular, in particular transport costs, labor costs for transportation, travel, labour and materialsmaterials costs, provided that these are not increased by due to the fact that the purchased item was taken goods were transported to another site a location other than the place of performance. In the event that Should the subsequent performance failsfail, customerthe customer may, at its discretionchoice, shall be entitled to lower demand rescission or reduction of the purchase price correspondingly (reduction) price. Any claims by the customer based on a defect in the purchased goods shall become time-barred after one year following transfer of possession or to cancel the contract (cancellation), within the scope delivery of the provisions of lawpurchased goods. We The foregoing warranty limitations shall be liable in accordance with the statutory provisions insofar as customer makes claims for damages that are a result of intent or gross negligence, including intent or gross negligence of our representatives or vicarious agents. Unless we are claimed not apply to be in deliberate breach of contract, our liability for damages shall be limited to the foreseeable, typically occurring damages. Liability for culpable damage resulting from injury to life, limb or health shall remain unaffected; this due to willful or grossly negligent breach of duty by Industrio or its statutory representatives or vicarious agents. The foregoing warranty limitations shall also apply to mandatory liability in accordance with other damage attributable to a willful or grossly negligent breach of duty by Industrio, one of its statutory representatives or vicarious agents or if the German product liability law. To other damage was caused by the extent not otherwise specified above, any liability shall be excluded. The period absence of limitation for claims for defects shall be 12 months, as from the transfer an assured quality or due to malicious concealment of risk. Representations and warranties shall not be deemed to have been validly given unless we have given them expressly and in writinga defect.