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TRIMBLE INC. (3)
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TRIMBLE INC. (3)
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Last modified
6/3/2026 9:35:02 AM
Creation date
6/3/2026 9:34:15 AM
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Contracts
Company Name
TRIMBLE INC.
Contract #
N-2026-123
Agency
Public Works
Expiration Date
3/5/2027
Insurance Exp Date
12/1/2026
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Exhibit B <br /> Region-Specific Terms <br /> Table of Contents <br /> *Australia <br /> a 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 Act2010(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:(i)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(ii)in the case of the <br /> services,to re-supplying the services or paying the cost of re-supplyingthe 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 3.4 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'sfees 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(ONDEDAANMAKINGSV£RALICHTINGFN)AND INDEMNIFY FOR DAMAGES.LIABILITY FOR DEATH <br />
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