1. In the opinion of TC the goods comply with applicable law in the 18 EEA countries, including the normative rules in the CE marking directives, as well as in USA, Canada, Australia and Japan. If contrary to expectations it turns out that the goods do not comply with all relevant regulations TC’s liability is limited, cf. below in Clause 9 below.

2. If the Buyer discovers defects the Buyer shall describe and specify the alleged defect in writing to TC. Any complaint must be received by TC within 5 (five) days after the defect was or ought to have been discovered. Otherwise TC shall not be liable for any defect.

3. Any complaint regardless of its nature must be made not later than 12 (twelve) months from the time of delivery. The Buyer is not entitled to claim defects after expiration of this period.

4. TC shall not be liable for defects which are not due to the fault of TC, and no liability shall exist for circumstances, including but not limited to the following:

(i) The defect is caused by incorrect information received from the Buyer.
(ii) The goods are used for purposes other than those reasonably contemplated by TC.
(iii) The goods have been altered or repaired or have been exchanged without the approval of TC.
(iv) The goods are not maintained to the ordinary and customary extent.
(v) The goods have in any other way been handled incorrectly.

5. If a complaint is made after the expiration of the time-limit, cf. Clauses 2 and 3, and TC enters into discussions with the Buyer about the com-plaint, TC does not thereby waive the right to claim subsequently that the complaint was re-ceived too late.

6. Where goods delivered are defective and claims in this respect can be made against TC, TC has an obligation and a duty at TC's own option either to deliver replace-ment goods or to remedy the defect, cancel the sales agreement, or to grant the Buyer a pro rata reduction of the purchase price. Such action by TC shall be accepted in full and fi-nal satisfaction of any claim arising out of the defect. The Buyer has no right to terminate
the agreement as a result of defects. Therefore, the Buyer has no other remedies for breach for which reason TC in no circumstances, even if TC is grossly negligent, is liable for the Buyer’s direct or consequential loss, if any.

7. TC’s liability for defects is limited to the total net purchase price of the relevant invoice, and no additional claims can be made against TC.

8. If the goods are to be repaired/exchanged in whole or in part, the defective goods shall at the expense of the Buyer be forwarded to TC who will at its own expense repair/exchange the goods and return them to the Buyer.

9. The provisions contained in this article, including the limitation of TC’s liability, shall also apply if the goods are defective in law, e.g. if the goods infringe industrial property rights of third party or are contrary to public law regulations or do not comply with such regulations, e.g. a CE marking directive.