Terms & Conditions

GENERAL CONDITIONS OF SALE, SUPPLY & PROVISION OF SERVICES

1. PREAMBLE

These GENERAL CONDITIONS OF SALE, SUPPLY & PROVISION OF SERVICES, hereinafter also referred to as the “Conditions of Sale”, form an integral part of quotations/offers, sales agreements, order confirmations and any other agreement intended to govern the relationship between LUBEN GLASS SRL, hereinafter also referred to as the “SELLER”, and the purchasing party, hereinafter also referred to as the “Customer”.

By publishing these CONDITIONS OF SALE on the website “www.lubenglass.eu”, the Customer shall be deemed to have been duly informed thereof and to accept the principles and provisions set out below, which govern the reciprocal contractual relationship arising from the sale and purchase between the parties.

All supplies and services (goods, services, consultancy, etc.) are provided in accordance with and subject to the Conditions of Sale set out in the following sections. The submission of any order to the SELLER and the supply of any goods or services to the Customer shall constitute the Customer’s unconditional acceptance of these Conditions of Sale.

These Conditions of Sale shall therefore prevail over any conflicting provision contained in the Customer’s order forms, general terms and conditions of purchase or any other document issued by the Customer, unless otherwise expressly discussed, agreed upon and accepted in advance by the SELLER and subsequently notified by the SELLER to the Customer by means of a written order confirmation and/or formal agreement.

2. QUOTATIONS & PRICES

The validity of the SELLER’s quotations shall be expressly stated in the relevant offer/quotation document. All quotations (offers for sale) specifying a validity period shall be binding upon the SELLER provided that the Customer’s acceptance is received within such period. If acceptance is received after expiry of the stated period, the SELLER may, at its discretion, deem the quotation to remain valid and/or update or issue a revised quotation. In all other cases, quotations shall not be binding upon the SELLER unless expressly stated otherwise.

Prices stated in quotations shall be deemed fixed unless otherwise specified at the time of quotation. The SELLER nevertheless reserves the right to revise such prices in the event of economic or currency fluctuations occurring between receipt of the order and its fulfilment where such fluctuations materially affect the quoted price. Unit prices stated in quotations are based on the quantities requested at the time the quotation is issued. The SELLER therefore reserves the right to amend unit prices where the quantity quoted differs from the quantity subsequently ordered by the Customer.

Unless otherwise stated in the relevant document, all prices specified in quotations or invoices are expressed in Euro. All prices are exclusive of value-added tax and/or similar taxes and are EXW (Ex Works) in accordance with INCOTERMS 2020.

3. CUSTOMER ORDERS & ACCEPTANCE

Orders issued by the Customer must be complete and fully defined in all respects and must comply with the sales offers issued by the SELLER. In the event of any discrepancy, including partial discrepancies, between a sales offer and a Customer order, the SELLER shall be entitled to reject the order.

Customer orders shall be binding upon the Customer from the time they are issued, whereas they shall become binding upon the SELLER only upon issuance of the relevant order confirmation.

If 8 (eight) days elapse from the date of receipt of an order without an order confirmation being issued, the order shall be deemed accepted in accordance with these CONDITIONS OF SALE, this provision constituting a TACIT ACCEPTANCE CLAUSE.

Where acceptance is tacit and/or no delivery date is specified in the order confirmation (or equivalent document), the following minimum delivery times shall apply:

The minimum delivery period shall run from the date of acceptance and shall be calculated in working weeks, excluding public holidays, company holidays, bridge holidays and any other periods that may extend the minimum delivery times indicated above.

No order expressly or tacitly accepted by the SELLER may be cancelled or modified, even in part, by the Customer unless such cancellation or amendment has been expressly agreed in writing with the SELLER.

In such cases, the SELLER shall inform the Customer of any costs arising from the modification and/or cancellation of the order, and the Customer undertakes to pay such costs, including, without limitation, storage and transport costs, production costs relating to non-standard materials, material procurement costs, cancellation charges imposed on the SELLER by its suppliers and any other costs arising from the Customer’s amendment or cancellation of the order.

Any request to reschedule and/or cancel all or part of any order shall not be valid unless accepted in writing by the SELLER.

4. ORDER CONFIRMATIONS

The order confirmation, sent to the Customer by email, fax and/or post, shall specify the subject matter of the supply, including the quality and quantity of materials, services and any other applicable conditions of sale.

Any terms or conditions stated by representatives and/or intermediaries of the SELLER shall have no validity unless reproduced in the order confirmation. Any amendments to the order confirmation must be made in writing.

The order confirmation shall be deemed accepted by the Purchaser unless disputed within 5 (five) days from the date on which it is sent.

In the event of any discrepancy, the wording of the order confirmation shall prevail over both the quotation and the Customer’s order.

5. TRANSPORT & DELIVERY OF GOODS

Unless otherwise specifically agreed, all goods supplied shall be delivered Ex Works at the SELLER’s premises (EXW – INCOTERMS 2020) and shall therefore travel entirely at the Customer’s risk.

In the event of delayed collection, storage charges may be applied.

The SELLER nevertheless reserves the right to terminate the contract in whole or in part and/or to dispatch the goods, charging all related costs, to the Customer’s known address where:

In the event of FCA delivery, the products shall be sold from the SELLER’s premises and loaded onto the means of transport provided by the Customer, whether owned by the Customer or by third-party carriers, in accordance with the INCOTERM “FCA Seller’s Premises” as defined under INCOTERMS 2020.

Liability and risk relating to the products shall pass to the Customer when the materials are loaded onto the means of transport made available by the Customer, whether operated by third-party carriers or by the Customer itself.

Accordingly, once the goods have been handed over to the carrier, the SELLER shall bear no further responsibility and the materials shall travel entirely at the Customer’s risk.

Any reservations, claims or actions relating to damage to the goods identified by the Customer upon arrival at destination and arising from or otherwise connected with transport and subsequent operations shall be brought by the Customer exclusively against the relevant carriers and insurers.

The SELLER shall bear no liability whatsoever for damage occurring during transport. No exception to this rule shall apply unless expressly agreed between the SELLER and the Customer.

Any additional out-of-pocket expenses relating to special arrangements for placing the goods on the means of transport, where agreed, shall be charged to the Customer at cost.

For sales outside Italy, the Customer shall be responsible for confirming receipt of the goods using the relevant confirmation form and for ensuring the proper completion of any applicable export customs procedures.

The preparation, inspection, shipment or delivery dates stated in the SELLER’s order confirmations are indicative only and are given without guarantee, except where the SELLER has expressly undertaken to comply with a binding deadline and such commitment is stated in the order confirmation.

The SELLER shall not be held liable for any loss arising from delayed or failed delivery, including where attributable to third parties. Accordingly, delays and/or failed deliveries shall under no circumstances give rise to compensation and/or termination, even partial, of the contract unless such consequences have been expressly accepted in the SELLER’s order confirmation.

In all cases, the delivery deadline shall be deemed to have been met when the SELLER notifies the Customer that the goods are ready for shipment and/or inspection.

The SELLER reserves the right to deliver or supply products in part, unless otherwise stated, and to make partial deliveries in several stages.

Each partial delivery may be invoiced separately and each invoice shall be payable on its due date and shall not be conditional upon subsequent deliveries.

Any delay in delivering one part of the supply shall not release the Customer from its obligation to accept the remaining deliveries.

The SELLER shall under no circumstances be held liable for any loss, damage, penalty or loss of production resulting from any delay in delivery, including where one or more force majeure events or other circumstances beyond the SELLER’s reasonable control adversely affect its production efficiency and cause production delays.

Such circumstances include, without limitation, natural and/or social disasters, unsuccessful actions undertaken at the Customer’s initiative, shortages of raw materials or electricity, machinery breakdowns, transport interruptions and/or delays, shortages of vehicles or railway wagons for loading, mobilisation, blockades or war, including in countries supplying raw materials, labour disputes, occupation of premises, lockouts, flooding, public disasters and similar events, as well as any measures or provisions adopted by competent governmental authorities and/or the European Community intended to restrict or otherwise regulate international sales, including sales to specific countries, consumption of raw materials and the production and distribution of steel, alloys and finished products, etc.

The Customer shall inspect the goods and notify LUBEN GLASS SRL in writing of any shortages, defects or damage within three days of receipt.

Failing such notification, the goods shall be definitively deemed compliant with the terms and conditions of this contract and irrevocably accepted by the Customer.

6. PACKAGING

The SELLER shall provide packaging in accordance with the relevant quotation and/or agreed arrangements and shall in any event be expressly exempt from liability for loss or damage.

Any request for special packaging, or for exclusion of packaging where packaging would normally be used for the goods concerned, must be made by the Purchaser when placing the order.

Additional charges for special types of packaging shall be invoiced separately.

7. INVOICES & PAYMENTS

Unless otherwise agreed, payment for supplies in the amounts stated on the relevant invoices must be made within the agreed terms and according to the agreed methods, without any deduction or discount.

The Customer shall not be entitled to deduct any amount by way of set-off, compensation or counterclaim.

The SELLER shall be entitled, at its sole discretion and at any time, to withdraw the payment terms previously granted and require full payment upon acceptance of the order.

For goods that have been invoiced but not yet shipped, the invoice issue date shall be deemed the shipment date for the purpose of calculating payment terms or, where earlier, the date on which notice that the goods are ready is issued.

The SELLER shall be entitled:

Any delay, including partial delay, in paying invoices beyond the agreed due date shall result in the immediate accrual of late-payment interest, which shall be charged under the terms and at the rate provided by applicable law.

Furthermore, in the event of non-payment or delayed payment of invoices, or where circumstances arising after conclusion of the contract give the SELLER reasonable grounds to believe that payments due will not be made on time or in full, the SELLER shall be entitled, without prejudice to any other remedy or statutory right, to require advance payment for the remaining supplies, suspend performance of ongoing contracts with the Purchaser, or retain goods ready for shipment until new payment and supply terms have been agreed and adequate guarantees provided.

If no such agreement is reached or adequate guarantees are not provided within a reasonable period, the SELLER shall, at its sole discretion, be entitled to demand and obtain payment of the full price in a single instalment or terminate the contract, as well as terminate performance of any other ongoing contracts with the defaulting Purchaser and retain any deposits and advance payments made for any reason whatsoever.

The Purchaser shall have no right to claim compensation arising from the early termination of the contract.

The Purchaser shall remain liable for compensation for all damages, including actual losses and loss of profit, arising from failure to perform the relevant contract or contracts.

8. TITLE & RISK

Title to the goods shall pass between the parties only upon full payment of the invoice issued by the SELLER.

The risks associated with loss, destruction and/or damage to the products shall pass immediately to the CUSTOMER when the ordered products are collected from the SELLER’s warehouse, in accordance with INCOTERMS 2020.

9. INSPECTION & TESTING

Unless otherwise stated in the order confirmation, supplies provided by the SELLER shall comply with the applicable ASTM, DIN and EN international standards.

Where testing or inspection of the Products is provided for by the SELLER, it must be expressly requested by the Purchaser when placing the order and expressly accepted by the SELLER in the order confirmation.

Such testing or inspection may take place only at the SELLER’s premises before shipment or delivery.

Testing of the Products shall constitute final acceptance for all purposes.

Testing shall be carried out in accordance with the SELLER’s specifications and may include additional requirements provided that these have been agreed in advance and confirmed in the order confirmation.

Where testing requires the involvement of external inspection bodies, whether official bodies or representatives appointed by the Customer, all related costs shall be borne entirely by the Purchaser unless otherwise stated.

The SELLER shall notify the Purchaser when the Products are ready for inspection so that the Purchaser can promptly instruct the appointed inspection body.

Any payments made by the SELLER to inspection bodies on behalf of the Purchaser shall be reimbursed by the Purchaser upon demand.

Testing shall take place within 8 (eight) days from notification that the Products are ready where carried out by representatives appointed by the Purchaser, or within 15 (fifteen) days from such notification where the Purchaser has appointed third-party or recognised inspection bodies.

Failure to carry out testing within the above periods for reasons not attributable to the SELLER shall constitute a waiver of testing and tacit acceptance of the supply without inspection, together with an obligation on the Purchaser to collect the goods.

If the goods are not collected, the SELLER shall be deemed authorised to dispatch them and/or proceed with any further processing and manufacture.

In any event, any waiver of testing by the Purchaser shall not result in any reduction or amendment of additional charges for quality and inspection stated in the applicable product price lists.

Products rejected during testing shall give rise only to an obligation on the part of the SELLER to replace them as soon as reasonably possible.

The Purchaser shall not be entitled to claim compensation and/or reimbursement of any costs incurred for any reason whatsoever.

Where testing is postponed at the Purchaser’s request following written confirmation by the SELLER, all additional expenses arising from such postponement, including storage costs and financial charges, shall be charged to the Purchaser.

10. CLAIMS

Where the Customer wishes to raise a dispute concerning any supply made by the SELLER, claims shall be handled as follows:

A) Non-Conformity

Any claim arising from non-conformity of the goods with the order confirmation must be submitted in writing within a maximum period of 5 (five) days from receipt of the goods, failing which the Customer shall forfeit the right to make such claim.

Any latent defects must be reported in writing, failing which the relevant rights shall be forfeited, within 8 (eight) days of discovery and in any event no later than 15 (fifteen) days from receipt of the product.

Where a claim is submitted within the above periods and, following inspection by the SELLER’s technical personnel, is found to be justified, the SELLER’s obligation shall be limited to replacement and/or repair of the goods found to be non-conforming, at the same delivery location as the original supply and subject to return of the non-conforming goods.

The Purchaser shall have no right to request termination of the contract, compensation for damages or reimbursement of expenses incurred for any reason whatsoever.

B) Defects and Malfunctions

Any defects or damage identified by the Purchaser must be reported in writing to the SELLER within 5 days from delivery of the goods or, where discovered subsequently, within 5 days from discovery of the defect or damage.

In the case of documented claims accepted by the SELLER, the SELLER may, at its discretion, repair or replace the defective goods or issue a credit note for the corresponding value.

C) Forfeiture of Rights

The Purchaser shall forfeit any right to submit a claim or request replacement of the goods if it fails immediately to suspend processing or use of the materials subject to the complaint, or independently carries out modifications and/or repairs to the disputed goods without the SELLER’s authorisation and supervision.

Claims and disputes shall not entitle the Purchaser to suspend payment of the invoice relating to the disputed goods.

11. PRODUCT MODIFICATIONS

The SELLER reserves the right to make modifications and/or improvements to its Products at any time and without prior notice.

Descriptions, illustrations and technical data contained in catalogues, brochures and similar documentation are provided for information purposes only and shall not be binding upon the SELLER.

12. WARRANTY & RETURNS

The SELLER warrants that the materials comply with the specifications stated in the order confirmation, subject in all cases to the provisions of the preceding Article “11. PRODUCT MODIFICATIONS”.

The SELLER warrants to its Customers that the Products sold are free from defects in materials and workmanship for the period specified in the relevant manufacturer’s warranty certificates.

Deterioration or defects caused by normal wear and tear, accidents or improper use of the product, including in particular inadequate maintenance, incorrect lubrication, overloading, incorrect assembly and similar circumstances, are excluded from the warranty.

Unless otherwise agreed, the SELLER assumes no responsibility for the applications or operating conditions in which the supplied materials will be used.

Any technical specifications and/or warranty requirements requested by the Purchaser shall not be taken into consideration unless reproduced in the order confirmation.

The Purchaser is responsible for carrying out tests and trials on the products in order to determine whether they are suitable for the processes and uses for which they are intended.

If, in accordance with these Conditions of Sale, any product is found to have a verified defect during the warranty period, the SELLER shall, at its discretion, repair or replace the product or refund the purchase price of the defective product, provided that the product has not been modified or altered before or during use by the Customer.

Products recognised as defective by the SELLER shall, at the SELLER’s discretion, be replaced or refunded at their invoiced value.

The SELLER’s obligation, at its discretion, to repair or replace the defective product or refund its purchase price shall constitute the Customer’s sole and exclusive remedy for breach of this warranty.

Under no circumstances shall the SELLER be liable for any loss, damage, penalty, loss of production, loss of profit and/or any other direct and/or indirect damages.

Free replacement or reimbursement may be granted only after inspection by the SELLER of the relevant products, which must be returned carriage and packaging paid.

All costs and risks associated with returning products for which replacement or reimbursement is requested shall be borne by the Customer.

Goods may not be returned or reimbursed without the SELLER’s prior authorisation and only in strict compliance with the SELLER’s return instructions.

The SELLER shall not be liable for ancillary, supplementary, resulting and/or consequential costs arising from or connected with any defect or malfunction of a product and/or any part or component thereof.

Accordingly, by way of example and without limitation, the warranty excludes costs relating to investigation, analysis, dismantling, transport, reassembly, reinstallation, testing and similar activities incurred in connection with the repair and/or replacement of the defective product or component covered by this warranty.

In any event, the SELLER shall not be liable for defects, faults or damage arising or becoming known after expiry of the warranty period specified above.

Any modification and/or tampering carried out by the Purchaser on the purchased goods without the SELLER’s authorisation and supervision shall render the warranty null and void.

Subject to the provisions of the preceding paragraphs and unless otherwise stated by the SELLER, the warranty shall have a maximum duration of 1 year from the date of delivery of the goods.

13. LIMITATION OF LIABILITY & DAMAGES

Subject to the provisions of these Conditions of Sale, the SELLER warrants that the Products comply fully with the characteristics and conditions specified in the order confirmation and, unless otherwise formally agreed, assumes no responsibility for the applications and/or operations to which the supplied materials may be subjected by the Purchaser or any third party acting on its behalf.

Any technical specifications and/or warranty requirements requested by the Purchaser shall not be taken into consideration unless reproduced in the order confirmation.

The Purchaser is responsible for carrying out tests and trials on the products in order to determine whether they are suitable for the processes and uses for which they are intended.

Under no circumstances, including in relation to “product liability”, shall the SELLER be held liable to the Customer for incidental, indirect or consequential damage or losses, including, without limitation, loss of profit, loss of production, production waste or claims made by the Purchaser’s customers.

Notwithstanding any provision to the contrary contained in this contract, the SELLER’s liability to the Customer shall under no circumstances and under no legal theory or cause exceed the purchase price of the Product.

This provision shall remain valid following expiry or termination of the contract.

In all cases, any liability of the SELLER shall cease if no written notice is provided by registered letter within 8 (eight) days from the actual date of delivery of the goods.

14. TAXES PAYABLE BY THE PURCHASER

All taxes, duties or similar charges imposed on the SELLER or which the SELLER is required to collect in connection with the sale, supply or delivery of the Products shall be duly stated on the invoices and/or relevant accounting documents and shall be payable by the Customer.

Where the Customer is exempt from such taxes, it shall be the Customer’s responsibility to provide the SELLER with the relevant exemption certificate and to provide a complete explanation of the grounds for such exemption.

15. TRADEMARKS & INTELLECTUAL AND INDUSTRIAL PROPERTY

The Purchaser shall not register, nor permit any third party to register, any trademark or trade name used by the SELLER in connection with the sale of the Products, which are and shall remain the exclusive property of the SELLER, nor any term or expression that is similar to or likely to be confused with them.

Use of the SELLER’s trademark(s), name, photographs, drawings, catalogue artwork or other graphic materials must always be authorised by the SELLER.

The SELLER’s registered trademark(s) and name must be reproduced faithfully.

No title to any Intellectual or Industrial Property Rights belonging to the SELLER shall be transferred to the Customer under these Conditions of Sale.

All Intellectual and Industrial Property Rights shall remain vested in the SELLER and/or its suppliers.

Without the SELLER’s prior written consent, the Purchaser may not obscure or otherwise alter trademarks or any other distinctive signs affixed to or accompanying the Products.

The SELLER does not transfer ownership rights in any software supplied to the Purchaser.

The Customer is granted a personal, non-exclusive licence to use such software solely for internal purposes in the country in which the software was supplied and solely for operation of the system or application for which it was provided.

Where permitted and authorised by the SELLER, at the SELLER’s sole discretion, the Purchaser may make copies of the software solely for backup purposes.

The Purchaser may not export or re-export the software without the required licence.

The Customer is prohibited from modifying the software, carrying out reverse engineering, decompiling or disassembling it, or licensing it to third parties, except where third-party licensing is implicit or otherwise expressly provided for under the specific agreement with the Purchaser due to the nature of the software supplied.

The SELLER shall not be liable for any inconvenience, loss, damage or other expense of any kind, whether direct or indirect, suffered by the Purchaser as a result of infringement by the SELLER of third-party intellectual property rights, except where it is demonstrated that the SELLER was aware that the goods concerned had been manufactured, produced or distributed in infringement of pre-existing intellectual property rights belonging to a third party.

Where Products are manufactured by the SELLER in accordance with instructions supplied by the Purchaser, or where the SELLER applies any procedure to the Products in accordance with the Purchaser’s instructions, the Purchaser shall indemnify the SELLER against any loss, damage, cost or expense incurred or suffered by the SELLER in connection with the Products or paid by the SELLER by way of settlement of any claim relating to infringement of designs, patents, copyrights, trademarks or other industrial or intellectual property rights.

16. CONFIDENTIALITY

The SELLER’s know-how and other information, including confidential information, together with any know-how, information or other material acquired by the SELLER in the course of its work, shall remain the exclusive property of the SELLER.

Where necessary, such information may be made available to the Purchaser on a strictly confidential basis solely for the purposes of the sales contract concluded under these Conditions of Sale.

The Purchaser therefore undertakes to use the SELLER’s information, including confidential information, only to the extent strictly necessary for the performance of each sales contract and the use of the related Products.

All information, including confidential information, originating from the SELLER is and shall remain the property of the SELLER, and the SELLER alone shall determine the terms and methods by which such information may be disclosed.

Accordingly, the decision whether to communicate, deliver and/or send information such as, by way of example and without limitation, photographs, drawings, exploded views, technical data sheets, catalogues, brochures and similar materials shall rest solely with the SELLER.

The SELLER may decide whether and which information to provide on the basis of the request received, and the Purchaser shall have no right to demand any such information from the SELLER.

Without the SELLER’s written consent, the Customer may not disclose or communicate to third parties any information, including Confidential Information, belonging to the SELLER, nor may it use such information, including Confidential Information, for purposes unrelated to the manufacture and purchase of the Products under these Conditions of Sale.

The Customer and all of its employees and collaborators shall remain bound by the confidentiality obligations set out herein throughout the entire duration of each relationship governed by these Conditions of Sale and for an unlimited period following termination thereof.

Upon expiry or termination, for any reason, of the relationship with the Purchaser, the SELLER shall be entitled to request the return of all information supplied, including Confidential Information, held by the Purchaser.

17. WITHDRAWAL

In addition to cases of force majeure and other circumstances provided for by law, including states of emergency, mobilisation, blockades or war, including in countries supplying raw materials, strikes and labour unrest, occupation of premises, lockouts, fires, floods, public disasters and similar circumstances, as well as measures or provisions adopted by the competent authorities of the European Communities intended to restrict or otherwise regulate the consumption of certain products and/or raw materials and the production and distribution of steel and finished products, the SELLER shall be entitled to withdraw, in whole or in part, from a finally concluded sales contract and from contracts still under negotiation where events or circumstances arise, regardless of where they occur, that substantially alter market conditions, currency values or conditions affecting Italian industry.

In such cases, and more generally whenever the SELLER withdraws from the contract due to circumstances not arising from its own acts or fault, the Purchaser shall not be entitled to compensation, indemnification or reimbursement and shall, where requested by the SELLER, pay for goods already completed or in production.

Under no circumstances shall the SELLER be held liable to the Customer, nor shall the SELLER be liable for any incidental, direct, indirect or consequential damage or loss.

18. GOVERNING LAW & JURISDICTION

These Conditions of Sale and all related relationships, agreements, quotations, offers and similar arrangements shall be deemed to have been entered into in Italy and shall be governed by Italian law.

The SELLER and the Customer shall seek to resolve any dispute amicably.

If an amicable settlement cannot be reached, all disputes arising out of or in connection with these Conditions of Sale shall be subject to the exclusive jurisdiction of the Court of CREMONA, Italy.

The foregoing shall not affect the SELLER’s right to seek interim, precautionary or summary relief, including seizure orders, injunctions, urgent measures or restraining orders, before any other court of competent jurisdiction.

If any provision of this document is held to be unlawful, null and void or unenforceable pursuant to any law, regulation or judicial decision, only that specific provision shall be deemed invalid, without affecting the remaining provisions of this document, which shall remain in full force and effect.

The United Nations Convention on Contracts for the International Sale of Goods signed in Vienna in 1980 (Vienna Convention) shall not apply to these Conditions.

Accordingly, the foregoing provisions shall also apply to international sales.

19. LANGUAGE

This contract is executed in Italian and English and, in the event of any discrepancy in interpretation between the two versions, the Italian version shall prevail.

The rights of the parties under these Conditions of Sale shall be governed by and interpreted in accordance with Italian law, and the parties submit to the jurisdiction of the Italian courts.

All disputes relating to the legality, interpretation, application or enforcement of this contract or any of its terms and conditions shall be governed by the laws of the Italian Republic.

20. PROCESSING OF PERSONAL DATA

The SELLER hereby informs the Purchaser that, pursuant to Articles 13, 14 and 15 of EU Regulation 2016/679 (G.D.P.R.) concerning the “processing of personal data”, any “personal data” communicated to and/or exchanged with the SELLER, including during the pre-contractual information stage, shall be processed appropriately in accordance with the above Regulation, and the Purchaser may exercise the rights granted under that Regulation.

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the following Articles are specifically approved: Art. 1. PREAMBLE, 2. QUOTATIONS & PRICES, 3. CUSTOMER ORDERS & ACCEPTANCE, 4. ORDER CONFIRMATIONS, 5. TRANSPORT & DELIVERY OF GOODS, 6. PACKAGING, 7. INVOICES & PAYMENTS, 8. TITLE & RISK, 9. INSPECTION & TESTING, 10. CLAIMS, 11. PRODUCT MODIFICATIONS, 12. WARRANTY & RETURNS, 13. LIMITATION OF LIABILITY & DAMAGES, 14. TAXES PAYABLE BY THE PURCHASER, 15. TRADEMARKS & INTELLECTUAL AND INDUSTRIAL PROPERTY, 16. WITHDRAWAL, 18. GOVERNING LAW & JURISDICTION, 19. LANGUAGE, 20. PROCESSING OF PERSONAL DATA.

Offanengo, 03/07/2023

Rev. 7/23

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