DATA REPORT SERVICE CONDITIONS

ConSite data report service is provided to User in accordance with the terms and conditions set forth below. User is hereby deemed to have agreed on the terms and conditions once User’s application for the service is accepted and data report starts to be sent.

Section 1. Submission of Data Report.

Data reports shall be directly sent from systems of Hitachi Construction Machinery Co., Ltd. (“HCM”), and may be sent to Dealer, HCM’s subsidiaries, and their distributors and email addresses, as designated by User.

Section 2. E-mail Address.

Products for which data report service is provided and e-mail addresses to which data reports should be sent are designated by User. In the event that User changes, adds or deletes such e-mail addresses, User agrees to notify Dealer of such change, addition or deletion in the manner as separately instructed by Dealer.

Section 3. No Liability.

1. User acknowledges that neither Dealer nor HCM and its subsidiaries (collectively, “Hitachi”) shall be liable or responsible for the operations of ConSite data report service, in the event of any of the following:
   (1) appropriate information fails to be reflected in a data report due to conditions of the Products’ telecommunication terminal or equipment or its telecommunication environments, or malfunction of the sensor installed in the Products;
   (2) a data report fails to be properly sent due to conditions of telecommunication environments, notice of an incorrect e-mail address notified by User, or change of e-mail addresses to which data reports should be sent without proper notice to Dealer;
   (3) a data report fails to be properly received due to conditions of User’s an e-mail telecommunication terminal or its telecommunication environments; or
   (4) a data report is delayed, is wrongly transmitted, or fails to be properly sent, due to deterioration of telecommunication environments, any convenience of the relevant telecommunications carrier, or any maintenance of systems used for ConSite.
2. User also acknowledges that any proposal in data reports is such based on objective data and that neither Dealer nor Hitachi shall warrant any actual effects.
3. If a fee is payable in consideration of ConSite data report service, neither Dealer nor Hitachi shall be liable, in any event, to refund User the fee which has been paid and received.

Section 4. Amendment.

In the event of any amendment to these terms and conditions, HCM will inform User by posting such an amendment on the website [https://www.hitachicm.com/global/consite-conditions]. User agrees to be bound by such amended terms and conditions.

Section 5. Venue.

All disputes, controversies or disagreements which may arise between User and Dealer, out of or in relation to or in connection with ConSite data report service, shall be exclusively heard in the court having jurisdiction over the district where Dealer’s main office is located.