Page 383 - INDA - LISTINO ACCESSORI 24L

363

7.5 In any case, and except as provided above in the event of contract Providing data for the purposes described above is optional,
termination, the compensation for actual loss incurred by the Buyer but essential in the establishment and enforcement of the contractual
for delayed shipments due to INDA SpA will not exceed a maximum relationship between INDA SpA and the Buyer, therefore,
amount corresponding to 5% of the net price of the Products shipped in the absence of data submission, INDA SpA will not be able
with delay. to execute the supply of the required Products.
Are excluded, in any case, from any compensation the indirect, 13.3 Data processing is performed in accordance with the procedures
consequential or punitive damages. and requirements as required by Legislative Decree No. 196/2003
7.6 The payment of the sums shown above excludes any further and include all operations or series of transactions covered therein.
compensation of damage for failure or delay in Products shipment. The treatment is done in writing and/or on paper and/or magnetic
and/or electronic supports.
The data are acquired, recorded and processed at the Office of Human
8. COMPLAINTS Resources of INDA SpA by persons working within these offices
and departments and have been duly appointed to the treatment.
8.1 It is agreed that any complaints or disputes, concerning any part 13.4 DATA COMMUNICATION
of the delivered Products or a single shipment of Products, do not The data may be communicated to external entities
entitle the Buyer to suspend or delay the payment of the Products to which INDA SpA relies for instrumental reasons to the purposes
subject to dispute, nor, even less, other supplies. of Article. 13.2, above.
13.5 RIGHTS OF THE BUYER
The Buyer may at any time exercise its rights under Art. 7
9. POINT OF JURISDICTION of the Legislative Decree No. 196/2003, including the right
to obtain updating, rectification and/or integration of incomplete
9.1 Contracts between INDA SpA and the Buyer are governed by Italian or inaccurate data, and their cancellation when the treatment violates
law, with the express exclusion of what required by laws or regulations.
the Wien Convention of 1980 on the international sale of goods.
9.2 For any dispute between the parties relating to sale or supply
relations, to their establishment, performance or termination,
shall have exclusive jurisdiction the Court of Milan – Italy.
9.3 However, notwithstanding the provision above, INDA SpA still
has the power to bring the dispute before the competent court
at the site of the Buyer.
10. WEEE CONTRIBUTION
10.1 The prices do not include the WEEE contribution
11. FORCE MAJEURE
11.1 Either party may suspend performance of its contractual obligations
when such performance is rendered impossible or unreasonably
onerous by an unforeseeable impediment beyond its control,
such as strike, boycotting, lockouts, fire, war (declared or not),
civil war, insurrections and revolutions, requisitions, embargo,
power interruptions, delays in delivery of components or materials.
11.2 The party wishing to make use of this clause must notify immediately
in writing to the other part the occurrence and cessation
of the circumstances of force majeure.
11.3 If the suspension due to force majeure lasts more than 6 weeks,
each party shall be entitled to terminates this contract, with a 10 days
prior notice, to be notified to the other party in writing.

12. INDUSTRIAL AND INTELLECTUAL PROPERTY
12.1 The Buyer acknowledges that the documents, drawings, logos, names,
data and information (both in paper form, either in electronic form)
are exclusive property of INDA SpA and can not be disclosed, altered,
modified, removed or erased in any way.
12.2 The Buyer agrees not to reproduce/disclose to third parties
and to restrict their use to the specific Product purchased.
12.3 The Buyer shall have the limited right to use trademarks,
names or other distinguishing marks as well as any other industrial
executive right or manufacturing and commercial know-how associated
with the goods, which remains exclusive property of INDA SpA,
to the sole and limited purpose to utilize or resell the goods
to the public.
Any other use of the INDA SpA intellectual property by the Buyer,
unless expressly granted in writing by INDA SpA, will be considered
an infringement of the INDA SpA exclusive rights by the Buyer,
also in terms of contractual liability and, as such, will be properly
prosecuted.
13. INFORMATION ON THE PROCESSING OF PERSONAL DATA
13.1 The Buyer’s personal data will be processed by INDA SpA, established
in via dell’Industria, 41 - 24040 Pagazzano (BG) - Italia, “Data
Controller” under the Legislative Decree No. 196/2003, as indicated
in this statement.
13.2 PURPOSE OF TREATMENT AND NATURE OF DATA SUBMISSION
The personal information requested is used for the following
purposes: (I) conclusion and execution of contracts between the Buyer
and INDA SpA, (II) management of administrative and accounting
aspects related to the performance of such contracts,
(III) the fulfilment of legal obligations.