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If the delay attributable to INDA S.p.a. exceeds 6 weeks, the Buyer to the public.
may terminate the contract related to the Products which shipment Any other use of the INDA S.p.a. intellectual property by the Buyer,
is delayed, with a 10 days prior notice, to be notified in writing by fax unless expressly granted in writing by INDA S.p.a., will be considered
to INDA S.p.a., with the exclusion of any other remedy or damage. an infringement of the INDA S.p.a. exclusive rights by the Buyer,
7.3 It is not considered attributable to INDA S.p.a. any delay due to causes also in terms of contractual liability and, as such, will be properly
of force majeure or unforeseeable circumstances, acts, omissions prosecuted.
by the Buyer (ex. non-disclosure of information necessary
for the delivery of the Products).
7.4 In the event that, for reasons not attributable to INDA S.p.a., 13. INFORMATION ON THE PROCESSING OF PERSONAL DATA
INDA S.p.a. itself would be temporarily or permanently unable
to make the shipment, INDA S.p.a. will give the information to the Buyer 13.1 The Buyer’s personal data will be processed by INDA S.p.a., established
and will be relieved from the requirements of dispatch for the entire in via dell’Industria, 41 - 24040 Pagazzano (BG) - Italia, “Data
duration of the impediment and for as long as the effects arising Controller” under the Legislative Decree No. 196/2003, as indicated
from the impediment protract, as well as from any obligation of refund in this statement.
for damages, delay or non-fulfilment in respect of the Buyer. 13.2 PURPOSE OF TREATMENT AND NATURE OF DATA SUBMISSION
7.5 In any case, and except as provided above in the event of contract The personal information requested is used for the following
termination, the compensation for actual loss incurred by the Buyer purposes: (I) conclusion and execution of contracts between the Buyer
for delayed shipments due to INDA S.p.a. will not exceed a maximum and INDA S.p.a., (II) management of administrative and accounting
amount corresponding to 5% of the net price of the Products shipped aspects related to the performance of such contracts,
with delay. (III) the fulfilment of legal obligations.
Are excluded, in any case, from any compensation the indirect, Providing data for the purposes described above is optional,
consequential or punitive damages. but essential in the establishment and enforcement of the contractual
7.6 The payment of the sums shown above excludes any further relationship between INDA S.p.a. and the Buyer, therefore,
compensation of damage for failure or delay in Products shipment. in the absence of data submission, INDA S.p.a. will not be able
to execute the supply of the required Products.
13.3 Data processing is performed in accordance with the procedures
8. COMPLAINTS and requirements as required by Legislative Decree No. 196/2003
and include all operations or series of transactions covered therein.
8.1 It is agreed that any complaints or disputes, concerning any part The treatment is done in writing and/or on paper and/or magnetic
of the delivered Products or a single shipment of Products, do not and/or electronic supports.
entitle the Buyer to suspend or delay the payment of the Products The data are acquired, recorded and processed at the Office of Human
subject to dispute, nor, even less, other supplies. Resources of INDA S.p.a. by persons working within these offices
and departments and have been duly appointed to the treatment.
13.4 DATA COMMUNICATION
9. POINT OF JURISDICTION The data may be communicated to external entities
to which INDA S.p.a. relies for instrumental reasons to the purposes
9.1 Contracts between INDA S.p.a. and the Buyer are governed by Italian of Article. 13.2, above.
law, with the express exclusion of what required by 13.5 RIGHTS OF THE BUYER
the Wien Convention of 1980 on the international sale of goods. The Buyer may at any time exercise its rights under Art. 7
9.2 For any dispute between the parties relating to sale or supply of the Legislative Decree No. 196/2003, including the right
relations, to their establishment, performance or termination, to obtain updating, rectification and/or integration of incomplete
shall have exclusive jurisdiction the Court of Milan – Italy. or inaccurate data, and their cancellation when the treatment violates
9.3 However, notwithstanding the provision above, INDA S.p.a. still laws or regulations.
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 S.p.a. 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, INFO & SERVICE
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 S.p.a.,
to the sole and limited purpose to utilize or resell the goods