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TRIMBLE INC.
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Last modified
3/7/2025 10:35:04 AM
Creation date
3/7/2025 10:30:47 AM
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Contracts
Company Name
TRIMBLE INC.
Contract #
N-2025-053
Agency
Public Works
Expiration Date
3/6/2026
Insurance Exp Date
12/1/2025
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Exhibit B <br />Region -Specific Terms <br />Table of Contents <br />•Australia <br />• France <br />•The Netherlands <br />•Germany <br />Australia <br />For Customer who purchase Offerings in Australia, the following provisions apply: <br />(a) For the purposes of this section, "Australian Consumer Law" means the Australian Consumer Law set out at Schedule 2 <br />to the Competition and Consumer Act 2010 (Cth), as amended from time to time, and "Non -excludable Condition" <br />means the consumer guarantees, warranties, rights, or remedies under the Australian Consumer Law that cannot be <br />limited, excluded, restricted, or modified, and to which Customer may be entitled. <br />(b) To the extent permitted by Law, Trimble's liability in relation to breach of any such Non -excludable Condition shall be <br />limited, at its option, as follows: (1) in the case of the goods, to repairing or replacing the goods, supplying equivalent <br />goods, or paying the costs of repairing or replacing the goods or acquiring equivalent goods; and (11) in the case of the <br />services, to re -supplying the services or paying the cost of re -supplying the services. <br />(c) Nothing in the Agreement excludes, restricts or modifies any Non -excludable Condition. <br />(d) Nothing in the Agreement is intended to derogate from Trimble's obligations under the Privacy Act 1988 (Cth) as <br />amended from time to time. <br />(e) Where Order(s) are a "Small Business Contract" within the meaning of the Australian Consumer Law: <br />• Trimble shall not accelerate Customer's unbilled future fees under any Order(s); <br />• Customer's indemnification obligations under the Agreement are reduced to the extent Trimble's acts or <br />omissions contributed to or caused the claims, costs, damages, losses, liabilities, and expenses suffered by <br />Customer; <br />• Trimble's liability in relation to breach of any Non -excludable Condition will be an Excluded Claim; and <br />• No dispute or legal action arising under the Agreement may be brought by either party more than three <br />years after such cause of action accrued. <br />France <br />Section 3.4 is hereby amended and restated to read as follows <br />Section 3A Late payments will bear interest at the rate of 1.5%per month or the minimum rate allowed by Law (currently three <br />(3) times the legal interest rate), whichever is higher, measured from the date on which the sums concerned became due until <br />the date on which full payment is received. Collection fees of a minimum amount of 40€ will be added in accordance with Article <br />L. 441-10.11 of the Commercial Code. Customer will be liable for all other costs of collection of past due amounts (including court <br />costs and attorney's fees incurred by Trimble). If the Customer does not dispute an invoice amount in writing by the due date of <br />the Invoice, the Customer shall be deemed to have acknowledged the accuracy of such invoice and waived its right to dispute it. <br />A dispute over part of an Invoice or amount due shall entitle the Customer to withhold or delay payment of the disputed part <br />only. <br />The following is hereby added as Section 7.1 (e ): <br />(e) EACH PARTY HEREBY HAS AN OBLIGATION TO LIMIT THE DAMAGES IT MAY SUFFER IN THE EVENT OF A BREACH OF ITS <br />OBLIGATIONS BY THE OTHER PARTY. <br />The Netherlands <br />The provisions of Section 4.2 (Termination) are the sole grounds for the termination of the Agreement, and to the extent <br />permitted by Law, the right of Customer to rescind the Agreement and claim damages on the basis of statutory Law (including <br />but not limited to sec. 6:265 Dutch Civil Code) is excluded. <br />THE LIMITATION OF LIABILITY IN SECTION 7 FOR A PERIOD OF 12 MONTHS EXPRESSLY INCLUDES ANY OBLIGATION TO PAY <br />COMPENSATION UNDER A WARRANTY MENTIONED IN THESE TERMS OR RELATED CONTRACTS OR DOCUMENTS AND THE <br />RESTITUTION OBLIGATIONS (ONDEDAANMAKINGSVERPLICHTINGEN) AND INDEMNIFY FOR DAMAGES. LIABILITY FOR DEATH <br />
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