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  1. WHITE warrants in the framework of the following provisions that the deliveries and supplies are free of defects. The statements contained in catalogues, brochures, circulars, advertisements, illustrations and in price lists and the like are without obligation insofar as the client is not a consumer in the sense of Sec. 13 German Civil Code (BGB) and insofar as they are not expressly agreed upon as contained in the contract.

  2. WHITE warrants only that the computer data provided to the client shall be tested for viruses with virus scanning software as usual in the market.

  3. WHITE assumes no liability whatsoever for the compliance of an advertisement with the legal rules of unfair competition. WHITE is not obliged, in particular, to have drafts, be they WHITE’s own or drafts of the client or of third parties engaged by the client, legally verified or to research opposing third party rights. The client shall be obliged to the client’s own verification of such compliance.

  4. Insofar as the client is not a consumer in the sense of Sec. 13 of the German Civil Code (BGB), WHITE shall be entitled in its own discretion to rectify any defects or to deliver a substitute. WHITE shall be entitled to multiple attempts of rectification insofar as this just and reasonable with respect to the interests of the client.

  5. If WHITE refuses to subsequent performance (Nacherfüllung) or if the modus of subsequent performance due to the client has failed or is reasonably unacceptable to the client, the client may withdraw from the contract or demand a corresponding reduction of the remuneration. Withdrawal on the grounds of an immaterial defect shall be excluded.

  6. If the client unjustifiably asserts claims for warranty protection against WHITE without having a warranty claim (e.g. user errors, improper handling of the object of the purchase, non-existence of a defect), the client shall reimburse and hold harmless WHITE of any and all costs arising from the verification of the object of the purchase, insofar as the assertion of claims against WHITE is imputable to the client for frivolous, grossly negligent or intentional or wilful behaviour.

WHITE Communications GmbH Innsbrucker Ring 15 
81673 München

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100 Park Avenue | New York City 
New York | 10017

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