OP SPEEDY CLEAN Manual De Uso página 36

OP
S.r.l.
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Client's promised warranties. Seller shall also have the right to proceed in case of significant
amendments regarding the company's structure of Client, its financial or patrimonial
situation or commercial image, and also in case of inability to pay debts or in the event of
issuance of interim remedies against the Client for the failure to comply with its financial
obligations, suspension of payments, difficulties or delays in the fulfilment of obligations to
third parties and, in any case, in the event of Client's insolvency. All the Products' deliveries
suspended and/or conditioned for the reasons stated in this Article 11 shall be deferred until
the termination of the situation generating the suspension of the delivery. In case of an
extension of the situation which has caused the suspension of the execution and/or the non
fulfilment of the condition, for a period exceeding 2 (two) months, Seller shall have the
right to declare the resolution of all or part of the agreement without any prejudice for his
right to ask compensation for damages. Any delay by the Seller in exercising a right as
stated in this Article 11 shall not be deemed as a waiver of the Seller's rights in favour of
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the Client.
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12. Traceability and Products' recall
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Should the Client re-sells the Products to third parties, it shall guarantee the full traceability
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of the Products and in case of procedures of mandatory and/or voluntary recall of products,
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shall give the utmost cooperation to Seller and comply with any action that Seller
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determines to undertake. In the event the Seller decides to withdraw the Products from the
market, the Client shall be entitled to the replacement of Products or, alternatively, the
refund of the price already paid. In no event the Seller shall be entitled to claim any other
damage, such as, for example but not limited to: loss of revenue, loss of image/business
reputation.
13. Acceptance record
Client, upon receipt of the Products, shall execute the declaration of acceptance of the
Products by signing the acceptance receipt attached to the General Conditions of Sale and
returning to Seller the original duly signed.
14. Governing law and Jurisdiction
These General Conditions and any agreement executed between Seller and Client shall be
exclusively governed by Italian laws. The United Nations Convention on Contracts for the
International Sale of Goods, concluded in Vienna on 11th April 1980, is expressly excluded.
The courts of Brescia (Italy) shall have the exclusive jurisdiction on any dispute between
the Seller and the Client arising from these General Conditions and from any contract
executed by the Parties. The Seller has also the right to bring legal action against the Buyer
before the courts of the place of business and/or residence of the Buyer.
25131 BRESCIA - Via Serpente, 97 - Tel. 030/3580401 - Fax 030/3580838
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