must be made no later than seven days after the error or defect was or should have been discovered. However, the Buyer can, under no circumstances, rely on errors or defects more than one year after delivery, unless a guarantee has been provided under clause 9. 10.2 Complaints about transportation damage or other errors or defects that are visible prior to unpacking the product must be made by the Buyer in writing upon delivery. Otherwise, the Buyer is not entitled to complain to HB8 about the damage. 10.3 In case of timely complaints about errors and defects, clauses 9.4 and 14 apply. 11. Product liability 11.1 HB8 is liable for any personal injury or damage to property caused by a delivered product if, by its nature, the object in question is normally intended for commercial use and is mainly used in compliance with this by the injured party. 11.2 HB8 is not liable for commercial property damage, unless it is established that the damage was due to an error on the part of HB8 that could not have been prevented by the Buyer’s examination of the products delivered. 11.3 If, as a result of commercial property damage, HB8 incurs liability to a third party that exceeds the limits established for HB8’s liability, the Buyer must indemnify HB8 in any respect. 11.4 If a third party raises a claim for damages based on product liability against the Buyer, the Buyer must immediately notify HB8 accordingly in writing. 11.5 5 In case of property damage and/or personal injury caused by defects in HB8’s products, HB8 must immediately be given access to inspect the location of the damage or injury and any property damage. 12. Technical information 12.1 Product information, illustrations, drawings, information about technical data (e.g. weight, dimensions, volumes, strength, load capacity, performance and surface), materials in catalogs, brochures or other materials from HB8 are indicative only. 12.2 HB8 reserves the right to change specifications and descriptions without prior notice. 12.3 All drawings and technical documents for products provided to the Buyer will remain the property of HB8. Such materials may not be used by the Buyer, copied, reproduced, handed over to a third party or otherwise communicated to a third party without HB8’s written permission. 13. Ergonomic information 13.1 HB8’s information about the ergonomic characteristics of the products is indicative only and cannot replace or substitute for individual ergonomic advice. 13.2 No liability for damages or any other remedies for breach may be invoked against HB8 regarding the content of ergonomic information or regulatory requirements. 14. Limitation of liability 14.1 HB8’s liability, including the delay liability in clause 5, the guarantee liability in clause 9, the defects liability in clause 10 and the product liability in clause 11, is in all respects limited by the provisions of this clause 14 on limitation of liability. 14.2 HB8 assumes no liability for damages for losses incurred as a result of delays, defects or other breach, unless such loss was caused by gross negligence on the part of HB8. 4
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