Pag. 7 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 subsequent sellers of the distribution chain. 8.Product liability claims 8.1The Purchaser agrees to indemnify and hold harmless the Seller against any product liability claim made with respect to the Products and undertakes to insure adequately against such risks through an insurance policy providing upon Seller’s request a copy of such insurance to the Seller. 9. Force Majeure - Hardship 9.1 The Seller shall not be under any liability for any failure to perform any of its obligations under this contract and/or any Contract due to Force Majeure. Following notification by the Seller to the Purchaser of such cause, the Seller shall be allowed of a reasonable extension of time for the performance of its obligations. For the purpose of this clause Force Majeure means fire, explosion, flood, lightning, Act of God, act of terrorism, war, rebellion, riot, sabotage, or official strike or similar labour dispute, restriction of supplies from Sellers, embargo, ban to export the products, epidemics/ mass-disease (including Covid-19) or event or circumstances outside the reasonable control of the party affected thereby. If the performance by either Party of any of its obligations under any contract is prevented or delayed by Force Majeure for a continuous period in excess of 3 months, the Parties shall negotiate in good faith, and use their best endeavours to agree upon such amendments to the Contract/s as may be fair and reasonable with a view to alleviating its effects, but if they do not agree upon such amendments within a further period of 30 days, the other Party shall be entitled to terminate any Contract by giving written notice by registered letter with return receipt to the Party affected by the Force Majeure, any right for damages being excluded. 9.2 Should the fulfilment of the Seller’s commitments have become excessively onerous compared with the contractual obligations originally agreed upon under the relevant Contract, such as to modify the Seller’s costs by over 5%, the Seller shall have the right to request a renegotiation of the Contract’s conditions and, failing an agreement on such revision, to terminate the Contract without whatsoever responsibility. 10. Governing law 10.1 All the sale contracts concluded by parties shall be governed by the present conditions and, to the extent that such questions are not covered by the present conditions, by United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980, hereafter referred to as “CISG”), and, to the extent that such questions are not covered by CISG, by Italian law. 11. Disputes resolution (UE): 11.1 In case of dispute the Courts of law of Torino (Italy) shall have exclusive jurisdiction. However, as exception to such provision, the Seller may bring legal proceedings before the competent Courts of law of the place where the Purchaser has his seat.
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