Common use of Warranty and Exclusions Clause in Contracts

Warranty and Exclusions. The Contractor guarantees conformity of the Products and Work(s), for which he shall remedy any defect or lack of conformity (hereinafter “defect(s)”) of the Products or deficiencies in the execution of Work(s). In case of resale, the guarantee shall be the one set out by the Product manufacturer. The Client submits to deadlines and formalities established in the Spanish commercial legislation for the purchase and sale, and therefore: a) Claims on the supplied quantity of Products must be made at the time of delivery and recorded on the delivery note, and the Contractor shall not accept claims made subsequently; b) Product defects or flaws that may be appreciated through a proper examination at the time of delivery, must be notified at the time of delivery; c) internal defects or flaws not visible to the naked eye and discovered subsequently shall be notified within a maximum period of 15 days after discovery. The complaint shall be made in writing, stating the exact nature and extent of defects. The Client shall be responsible for the burden of proof of the defective nature and date of discovery. The Contractor's liability for the execution of Work(s) is limited to defects becoming apparent within 6 months of receipt of the Products or Work(s). If the use of the product, good, installation or equipment to which the Work(s) refers exceeds the one considered or customary, said period shall be reduced proportionally. The Client must immediately report in writing any deficiencies or non-conformity of the Products and Work(s), without any incidents reported after the end of the guarantee period being covered, the Client being subject to the deadlines and formalities set out in the Commercial Code. The guarantee rights do not cover the costs of intervention outside Spain, and the Client must assume the costs of travel, stay, transport, return of parts, etc., incurred by the Contractor in the repair of defects in such event. The guarantee does not include, therefore, neither the travel of staff to premises, nor labor necessary to replace the damaged element, which will be at the Client's expense. The liability under the guarantee shall be limited in quantitative terms (value of the work to be carried out by the Contractor or third parties) to a maximum amount of 30% of the agreement price. The Contractor's liability does not extend to defects arising from:

Warranty and Exclusions. To the extent that the Provider's obligation in the provision of Service(s) is one of means, and not of result, the Provider undertakes to use its best efforts in the performance of the Service(s), its duty of care being similar to that which a company of the same status would use in similar circumstances. The Contractor Provider shall be liable for technical quality, omissions, errors, mistakes, improper methods of performance and services performed, or incorrect conclusions in the performance of the agreement (hereinafter “defect(s)”), in accordance with the scope set forth for the Service(s), subject always to the applicable warnings, limitations and disclaimers of liability. The Provider guarantees conformity of the Products and Work(s)Service(s) where a result has been expressly guaranteed in writing. In such cases, for which he the Provider shall remedy any defect or lack of conformity (hereinafter “defect(s)”) of the Products or caused by deficiencies in the execution of Work(s)Service(s) delivery. In case of resaleany case, the guarantee shall be the one set out by the Product manufacturer. The Client submits to deadlines and formalities established in the Spanish commercial legislation for the purchase and sale, and therefore: a) Claims on the supplied quantity of Products must be made at the time of delivery and recorded on the delivery note, and the Contractor shall not accept claims made subsequently; b) Product defects or flaws that may be appreciated through a proper examination at the time of delivery, must be notified at the time of delivery; c) internal defects or flaws not visible to the naked eye and discovered subsequently shall be notified within a maximum period of 15 days after discovery. The complaint shall be made in writing, stating the exact nature and extent of defects. The Client shall be responsible for the burden of proof of the defective nature and date of discovery. The ContractorProvider's liability for the execution of Work(s) is limited to defects becoming apparent to the Client within 6 months of receipt of the Products or Work(sService(s). If the use of the product, good, installation or equipment to which the Work(sService(s) refers exceeds the one considered or customary, said period shall be reduced proportionally. In no event shall the Provider's liability for defects extend beyond 6 months from receipt of the Service(s). The Client must immediately report in writing any deficiencies or non-conformity of the Products and Work(sService(s), without any incidents reported after the end of the guarantee period being covered, the Client being subject to the deadlines and formalities set out in the Commercial Code. The guarantee rights do not cover the costs of intervention outside Spain, and the Client must assume the costs of travel, stay, transport, return of parts, etc., incurred by the Contractor Provider in the repair of defects in such eventdefects. The guarantee does not include, therefore, neither the travel of staff to premises, nor labor necessary to replace the damaged element, which will be at the Client's expense. The liability under the guarantee shall be limited in quantitative terms (value of the work to be carried out by the Contractor or third parties) to a maximum amount of 30% of the agreement price. The ContractorProvider's liability does not extend to defects or non-conformities arising from:

Warranty and Exclusions. To the extent that the Provider's obligation in the provision of Service(s) is one of means, and not of result, the Provider undertakes to use its best efforts in the performance of the Service(s), its duty of care being similar to that which a company of the same status would use in similar circumstances. The Contractor Provider shall be liable for technical quality, omissions, errors, mistakes, improper methods of performance and services performed, or incorrect conclusions in the performance of the agreement (hereinafter “defect(s)”), in accordance with the scope set forth for the Service(s), subject always to the applicable warnings, limitations and disclaimers of liability. The Provider guarantees conformity of the Products and Work(s)Service(s) where a result has been expressly guaranteed in writing. In such cases, for which he the Provider shall remedy any defect or lack of conformity (hereinafter “defect(s)”) of the Products or caused by deficiencies in the execution of Work(s)Service(s) delivery. In case of resaleany case, the guarantee shall be the one set out by the Product manufacturer. The Client submits to deadlines and formalities established in the Spanish commercial legislation for the purchase and sale, and therefore: a) Claims on the supplied quantity of Products must be made at the time of delivery and recorded on the delivery note, and the Contractor shall not accept claims made subsequently; b) Product defects or flaws that may be appreciated through a proper examination at the time of delivery, must be notified at the time of delivery; c) internal defects or flaws not visible to the naked eye and discovered subsequently shall be notified within a maximum period of 15 days after discovery. The complaint shall be made in writing, stating the exact nature and extent of defects. The Client shall be responsible for the burden of proof of the defective nature and date of discovery. The ContractorProvider's liability for the execution of Work(s) is limited to defects becoming apparent to the Client within 6 months of receipt of the Products or Work(sService(s). If the use of the product, good, installation or equipment to which the Work(sService(s) refers exceeds the one considered or customary, said period shall be reduced proportionally. In no event shall the Provider's liability for defects extend beyond 6 months from receipt of the Service(s). The Client must immediately report in writing any deficiencies or non-conformity of the Products and Work(sService(s), without any incidents reported after the end of the guarantee period being covered, the Client being subject to the deadlines and formalities set out in the Commercial Code. The guarantee rights do not cover the costs of intervention outside Spain, and the Client must assume the costs of travel, stay, transport, return of parts, etc., incurred by the Contractor Provider in the repair of defects in such eventdefects. The guarantee does not include, therefore, neither the travel of staff to premises, nor labor necessary to replace the damaged element, which will be at the Client's expense. The liability under the guarantee shall be limited in quantitative terms (value of the work to be carried out by the Contractor or third parties) to a maximum amount of 30% of the agreement price. The ContractorProvider's liability does not extend to defects or non- conformities arising from: