11.4 Any notification delivered in respect of this Clause 11 must be addressed to MBL's Quality Department or to the Customers designated contact person within MBL. 12. Liability 12.1. In the event of any delay, MBL shall not be liable for any losses incurred by the Customer as a result of this delay, regardless of the reason for the delay. 12.2. Any delays in the delivery of products do not entitle the Customer to cancel the order, unless such cancellation has been accepted in writing by MBL. 12.3. In case of delivery of defective products and subject to the Customer's compliance with the procedure and requirements set out in Clause 11 of these GTCTs, the Customer is entitled to have the defective products repaired or replaced or have the purchase price refunded, the choice of which shall be at MBL's sole discretion. This shall be the Customers' sole remedy for defective products. 12.4. The Customer is obliged to make the defective products available, or to enable their collection, in a place specified by MBL. 12.5. MBL shall not be liable for damages which have occurred as a result of inappropriate storage, service or use of the product after the purchase of the product by the Customer. 12.6. To the extent that MBL is liable under these GTCTs, MBL's liability shall be limited to EUR 10,000 or the value of the product in question (whichever is higher). Furthermore, MBL shall not be liable for indirect or consequential loss, including loss of profit, production or business. 12.7. MBL shall be liable for product liability only to the extent required by mandatory law. 12.8. The relationships between the Customer and its customers and/or end-users do not concern MBL. Therefore, the Customer shall indemnify MBL for any claims from such parties raised against MBL. 13. Governing law and dispute resolution 13.1. These GTCTs shall be governed by the substantive law of Denmark. The CISG shall, however, not apply. 13.2. Any dispute arising out of or in connection with these GTCTs, including any disputes regarding their existence or validity or the termination of the Parties' cooperation, shall be settled by arbitration administrated by The Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are MBL a/s Glarmestervej 18B, st.th. 8600 Silkeborg Haicang Denmark Tel.: +45 86 80 28 00 CVR: 12 82 52 42 MBL Poland Sp. z o.o. ul. Sulejowska 45 97-300 Piotrków Trybunalski Poland Tel.: +48 44 732 41 00 China contact@mbl.pl Fax: +48 44 732 42 00 NIP: 7710008003 VAT UE: PL7710008003 MBL (Xiamen) Co. Ltd. No. 289 Wengjiao Road Xinyang Industrial District 361022 Xiamen, Tel.: +86 592 5961 896 Fax: +86 592 5961 895 VAT: 91350200769286394F contact@mbl.dk contact@mbl.com.cn www.mbl.dk
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