Alfa Valvole | Made in Italy, Product quality, International distribution, At the top of innovation, Certified safety.

Export compliance

 

Export compliance

No Re-Export to Russia or Belarus; Prohibition of the transfer of Intellectual Property Rights and Trade Secrets

a. If any Equipment are sold, supplied, or transferred to a buyer domiciled or located in a country outside the European Union which is not a partner country as defined in Annex VIII of Council Regulation (EU) No 833/2014, and if such Equipment falls within the scope of the prohibition not to sell, export or re-export, directly or indirectly, to the Russian Federation or for use in the Russian Federation in terms of Article 12g Council Regulation (EU) No 833/2014, the Buyer must not sell, export or re-export, directly or indirectly, the Equipment to the Russian Federation or for use in the Russian Federation.
If any Equipment are sold, supplied, or transferred to a buyer domiciled or located in a country outside the European Union which is not a partner country as defined in Annex Vba of Council Regulation (EG) No 765/2006, and if such Equipment falls within the scope of the prohibition not to sell, export or re-export, directly or indirectly, to Belarus or for use in Belarus in terms of Article 8g of Council Regulation (EG) No 765/2006, the customer must not sell, export or re-export, directly or indirectly, the Equipment to Belarus or for use in Belarus. In either case the Buyer shall use best efforts to ensure that the purpose of this subsection (a) is not frustrated by any third parties further down the commercial chain, including potential resellers.

b. Where intellectual property rights or trade secrets are sold, licensed, or transferred, or rights to access or re-use any material or information protected by intellectual property rights or protected as trade secret are granted to a buyer domiciled or located in a country outside the European Union which is not a partner country as defined in Annex VIII of Council Regulation (EU) No 833/2014, the Buyer shall be obliged not to use such rights and/or trade secrets that fall under the scope of Article 12ga of Council Regulation (EU) No 833/2014. The Buyer shall be obliged to pass on any restrictions on the use of intellectual property rights and/or trade secrets within the meaning of this subsection (b) to possible sublicensees.

c. The Buyer shall set up and maintain an adequate monitoring mechanism to detect conduct by any third parties further down the commercial chain, including potential resellers, that would have the potential to frustrate the purpose of subsections (a) and/or (b).

d. Each culpable breach of subsections (a), (b) or (c) shall constitute a material breach of contract. In this case, we shall be entitled to:
(i) rescind the sales contracts affected by the breach without prior written notice; and
(ii) demand from the Buyer the payment of the price of the manufactured Equipment, plus the cost of labor, any work in progress, any parts and components that are on order, and any manufacturer cancellation charges for unshipped items for such cancelled parts and components.

e. In case of rescission by us in accordance with subsection (d), the Buyer shall be obliged to return to us any Equipment affected by the rescission without undue delay and at its own expense.

f. The Buyer shall immediately inform us about any problems to comply with subsections (a), (b) or (c), including any relevant activities by third parties that have the potential to frustrate the purpose of subsections (a) and/or (b). The Buyer shall upon request provide us within two (2) weeks with all information concerning its compliance with the obligations set out in subsections (a), (b), or (c).

g. Moreover, even if a Equipment or a buyer does not fall within the scope of Council Regulation (EU) 833/2014 or Regula on (EC) No 765/2006, the Buyer must not sell, export or re-export, directly or indirectly, the Equipment to the Russian Federation or Belarus for use in the Russian Federation or Belarus. In such a case subsections (b) to (f) shall apply accordingly.