AEG 21604 G Manual de usuario descargar pdf (Pagina 71)

AEG PS Group's products are generally sold with a standard warranty for technical defects. AEG PS

Group provides warranty coverage typically not exceeding a period of 24 months from delivery for all of

its product lines, other than specific industrial markets, which require longer warranty periods. As a re-

sult, AEG PS Group bears the risk of warranty claims on all supplied products, including component parts

manufactured by third parties. There can be no assurance that AEG PS Group will be in a position to suc-

cessfully take recourse against its supplier or that any compensation from such supplier would be ade-

quate. Moreover, AEG PS Group may be exposed to an inherent risk of exposure to product liability

claims in the event that the use of its products is alleged to have resulted in harm to others or to property.

Products of AEG PS Group's Power Control Systems and Modules sub-segment are integrated into auto-

mated processes where precise control of temperature, voltage and current is critical. By integrating its

products into critical and technically-demanding applications, AEG PS Group is particularly exposed to

liability risks as a result of the failure of its products, whether as a result of product malfunction, defects,

improper installation or other cause. The assertion of product liability claims against AEG PS Group

could result in significant monetary damages and damage AEG PS Group's reputation, and reduce market

acceptance of its products. Should any of the above risks materialise, this could have a material adverse

effect on its business, results of operations and financial condition.

AEG PS Group has initiated a court proceeding against a former customer for non payment. This cus-

tomer has filed a counter claim against AEG PS Group wherein it could be ordered by court to pay

damages to a customer for the abuse of a market dominant position with regard to its Power control

systems and modules.

As regards the Power Control Systems and Modules sub-segment, AEG PS Group's German subsidiary is

currently involved in court proceedings against a customer from which it seeks to recover approximately

EUR 36.0 million against delivery of 104 Thyroboxes for silicon reactors. The customer recently filed a

counter-claim for EUR 12.7 million in damages alleging that AEG PS Group abused its dominant market

position in the market for power control systems and modules to charge sales prices that are significantly

above normal market prices.

Although Management believes these allegations to be groundless, AEG PS Group could have to make a

payment of a market dominant position of EUR 12.7 million (plus interest and fees) to the customer, or,

as the case may be, AEG PS Group’s claims against the customer could be reduced accordingly. How-

ever, investors should note that legal proceedings always contain certain incalculable risks. In case of

success of the counter-claim and although the court's decision only binds the parties involved, other AEG

PS Group customers might quote the court's findings when claiming damages themselves based on an

alleged abuse. In addition, if the court finds the German subsidiary of AEG PS Group to actually having

abused a market dominant position at the time the contracts in question were concluded, anti-trust au-

thorities could be inclined to impose fines or take other measures against AEG PS Group. It cannot be

ruled out that AEG PS Group becomes subject to fines or restrictions to its business activities imposed by

authorities or claims of other customers.

The realization of any of the aforementioned risks could have a material adverse effect on AEG PS

Group's business, results of operations and financial condition.

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AEG 21604 G Manual de usuario Pagina 71