Pag. 5 BERTOLOTTO S.p.A. Circonvallazione G. Giolitti, 43/45 12030 Torre San Giorgio (CN) Italy +39.0172.9128 P.I. 02761400049 Reg. Imp. CN 234407 Cap. Soc. € 3.000.000,00 i.v. www.bertolotto.com EDIZIONE SETTEMBRE 2020 Seller’s country at least 30 days before the agreed term of loading of the products at the Seller’s premises. The expiry date of the credit must be fixed in a manner to warrant that there are at least 90 days between the date of issuance of the doc¬u¬mentary credit and its expiry date. 4.3 Any payment made to agents, representatives, or commercial intermediaries of the Seller shall not be deemed to have been carried out until the relevant sums are collected by the Seller. 4.4 If the Purchaser fails to pay by the stipulated date, the Seller, being saved any compensation for loss and damage, shall be entitled to moratory interests according to EU Directive 7/2011 from the day on which payment was due. 4.5 In case of delay or any lack of compliance with the terms of payment the Seller may, after having notified the Purchaser in writing, suspend its performance of any Contract until it receives payment in full or adequate banking guarantees, payable at first request, in accordance with the text and characteristics required by the Seller, which shall cover the whole outstanding debt. Alternatively, to such banking guarantees, the Seller shall be entitled, at its absolute discretion, to require payment in advance of the whole amount before delivery of the products agreed under any Contract. 5. Reservation of title 5.1 Title to the products comprised in each consignment shall not pass to the Purchaser until the purchaser has paid their price to the Seller, but even though title has not passed the Seller shall be entitled to sue for their prices once the payment has become due. The purchaser shall, at Seller’s request, assist him in taking any measure necessary to protect the Seller’s title to the Product in the country concerned. 6. Delivery 6.1 Unless differently agreed the delivery of the products shall be made FCA Seller’s premises in accordance with ICC Incoterms Revision 2020. Partial deliveries are allowed. 6.2 If the Seller undertakes to take care of the shipment (or part of it), this latter shall act as authorized agent of the Purchaser. In such a case the Purchaser shall bear the whole risk and costs relevant thereto. 6.3 The Purchaser shall assume any risk and expenses, holding the Seller harmless, for the compliance with any legal provisions concerning features and disposal of packing. 6.4 Unless the Contract provides a specific delivery date, the Seller shall supply the Products within the non-binding term of delivery of 180 days from the date of entering of the contract. In any case, the Seller is entitled a period of grace of 30 days from the expiry of the delivery date provided for in the Contract. It is agreed that in no case the Seller shall be deemed responsible towards the Purchaser for loss of production, loss of profit, loss of use, loss of contracts or for any consequential, economic or indirect loss whatsoever due to delayed delivery. 6.5 If the Purchaser fails to accept delivery at the delivery time set forth in the Contract, it shall nevertheless pay the price which becomes due on delivery as if delivery had taken place. Should the Purchaser fail to accept delivery within 30 days from the delivery date, the Seller may, by notice in writing, terminate the Contract in whole or in part. The Seller shall be then entitled to compen¬sation for the losses it has suffered due to Purchaser’s breach to its obligation to take delivery of the products. 6.6 Where carriage of the products is carried out by the Purchaser the latter undertakes to provide the Seller, by the tenth day of the month following the
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