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WÄRTSILÄ GENERAL TERMS AND CONDITIONS PARTS (2008)

1. INTRODUCTION
These General Terms and Conditions – Parts (2008) (the “Conditions”) shall, unless otherwise agreed in writing, apply to all sales of parts (the “Parts”) by any authorized member, agent or representative of the Wärtsilä Group (the “Supplier”) to a purchaser (the “Buyer”). Supplier’s offers are non-binding until accepted andconfirmed by a purchase order issued by Buyer in compliance with these Conditions which is acknowledged by Supplier (any such acknowledged purchase order, a “Contract”). These Conditions shall form an integral part of the Contract. Buyer may not change or cancel any purchase order after it has been received by Supplier unless Supplier has agreed in writing to such change or cancellation. immediatelytake appropriate steps to prevent any defect from becoming more serious, and all warranty claims with respect to this warranty shall be made in writing without delay and not later than fourteen (14) days following discovery of such defect during the warranty period. Buyer shall have the responsibility to establish that its claim is covered by this warranty. Replaced parts shall become Supplier’sproperty. Delivery of replaced or repaired parts will be made in accordance with the original Contract delivery terms. 5.2 The warranty period for the Parts begins on the date of delivery and ends six (6) months from the date when the Part is placed in service or twelve (12) months from the date of delivery, whichever occurs earlier. The warranty period in respect of parts which have been repairedor replaced under the warranty shall expire six (6) months following the date when (i) the repaired or replacement part is placed in service or (ii) upon the expiration of the warranty period applicable to the originally supplied Part as set forth above in this Clause 5.2, whichever occurs earlier. The warranty for repaired or replacement parts shall be subject to the same terms, conditions andlimitations of liability as those applicable to the originally-supplied Part. Under no circumstances shall the warranty period of any part (whethe as originally supplied or as repaired or replaced) extend beyond the date that is twelve (12) months following the date of commencement of the original warranty period as stipulated above in this Clause 5.2. 5.3 Supplier shall not be liable for anydefect due to or arising in connection with: (1) any materials, components, tools, designs or software provided by Buyer; (2) negligence or willful misconduct of Buyer; (3) parts, accessories or attachments other than those supplied as Parts by Supplier; (4) improper service work, installation or alterations carried out by Buyer; (5) normal wear and tear; (6) use of unsuitable material or consumablesby Buyer; (7) fluctuation in the grid; or (8) any use, service or operation of the Parts which is not in conformity with manuals, instructions or specifications provided by Supplier or which is otherwise not in accordance with normal industry practice. Supplier’s warranty obligation does not include any cranage, electricity, scaffolding, docking, diving, sub-sea work, towage costs, demounting ormounting costs and expenses of Supplier’s personnel or representatives, and all such costs and expenses shall be reimbursed by Buyer to Supplier when applicable. If after Supplier’s warranty investigation it is found that Buyer does not have a warranty claim within the scope of these Conditions, then Buyer shall be responsible for all applicable costs and expenses for such inspection, repaired orreplaced components or other service work. 5.4 THIS CLAUSE 5 SETS FORTH THE ONLY WARRANTY APPLICABLE TO THE PARTS AND IS IN LIEU OF ANY OTHER WARRANTIES, GUARANTEES, OBLIGATIONS AND LIABILITIES EXPRESS OR IMPLIED INCLUDING WARRANTIES, GUARANTEES, OBLIGATIONS OR LIABILITIES AGAINST NON-CONFORMITY OR DEFECTS. BUYER HEREBY WAIVES ALL OTHER REMEDIES, WARRANTIES,

2. CONFIDENTIALITY AND INTELLECTUAL...