G.4.- If the Buyer finds an identifiable fault, it must be reported in writing to the Seller, within 8 (eight) days from receipt of the products; failure to send the claim shall result in the forfeiture

and loss of such right. The Buyer shall keep the entire lot of material readily available for the Seller. The claim shall include the invoice details and an accurate description of the claimed fault

together with photographs, where possible. In the event that the claim proves to be unfounded, the Buyer shall refund the Seller any costs incurred for an inspection (expert’s reports, travel,

etc.).

G.5.- Hidden faults shall be notified to the Supplier in writing, by recorded delivery letter with advice of receipt, within 8 days from the date such fault is found, under penalty of forfeiture.

G.6.- The Buyer’s right to make a claim for faults under warranty is valid for 12 (twelve) months from the delivery of the products.

H.- WARRANTY FOR FAULTS

H.1. The Seller’s warranty is limited to first grade products and not second or third grade products or lots on offer with special prices or discounts, which must be duly specified with a note

in the order confirmation.

H.2. The Seller does not guarantee the suitability of the products for particular uses, and only guarantees the technical specifications published on the website in the document 2) Technical

data sheets. The indication for use is merely indicative, even when written in the Seller’s catalogues and manuals. On the basis of the characteristics described in the document 2) Technical

data sheets, the designer always has the task of assessing the suitability of the product for the specific use conditions, taking into account the stress and variables to which the product will

be subjected, which may alter its characteristics; for example, the traffic intensity, quality of traffic (foot traffic with the presence of sand, debris...), adverse weather conditions and any other

unpredictable factor to which the material may be exposed.

H.3.- In the event that identifiable product faults are ascertained, as defined in sub section G no. 3, the Seller shall replace the faulty product with another one with equal or superior

characteristics; should this not be possible, the Seller shall apply a significant price reduction. Alternatively, following the return of the faulty products, the Buyer shall have the right to a refund

of the price paid plus the transport cost, with the exclusion of compensation for any other direct and/or indirect damage.

H.4. The Seller’s warranty shall not be valid if the products that have identifiable faults (totally or in part) have been used and/or in any case transformed, as this entails that the Buyer (or its

customer) expressed the intention to accept them in the condition in which they were found.

H.5.- In the event that hidden product faults are ascertained, the Seller’s warranty is limited to the replacement with other products of equal or superior characteristics; should this not be

possible the Seller shall refund the price paid plus the transport cost. In any case, the Seller’s warranty for any direct and/or indirect damage caused by the faulty product, shall be limited to

an amount that shall not be greater than double the selling price applied by the Seller, only in relation to the faulty part of the supply.

H.6.- In the event that the Buyer resells the product to subjects protected by the consumer code (law decree no. 206/2005), the former shall be responsible for the conditions applied, if

different from those stated herein, and shall ensure that the consumer’s rights are exercised, in relation to the remedies and terms established by the said code. If there are the grounds for

the Buyer to exercise the right of recourse and/or make a claim against the Seller/manufacturer, the said action shall take into account or go beyond the exemptions and limits established

in sub sections G no. 1 and H no. 5.

I. SOLVE ET REPETE (pay and then claim) AND TERMINATION CLAUSES

I.1.- Pursuant to article 1462 of the Italian Civil Code, on no account may the Buyer suspend or delay payment of collected material, including in the event of alleged defects or faults in the

material; this does not affect the right to claim back any payments made unduly (solve et repete).

I.2.- If the Buyer’s financial situation changes or in the event of non-payment (even partial) of products already supplied, the Seller reserves the right to suspend the execution of the supplies

underway and/or to terminate the contracts in force and the Buyer shall not have the right to claim direct and/or indirect compensation of any type.

L.- RETENTION OF OWNERSHIP

L.1.- The products supplied shall remain exclusive property of the Seller until the Buyer has paid the full amount.

L.2.- During the aforementioned period, the Buyer shall undertake the obligations and responsibilities as bailee (also referred to as custodian) and shall not transfer the said products, grant

their use, let them be seized or distrained without declaring that the property is of the Seller, and the Buyer shall immediately inform the Seller by recorded delivery letter with advice of receipt.

M.- FORCE MAJEURE

M.1.- Each party may suspend the fulfilment of its contractual obligations, when the said fulfilment is impossible or objectively too costly due to an unforeseeable impediment independent

from the parties, such as for example: strike, boycott, lockout, fire, war (declared or not), civil war, riots and revolutions, requisitions, embargo, power blackouts, extraordinary breakage of

machinery, delays in the delivery of components or raw materials.

M.2.- The party that wishes to apply this clause shall immediately notify the onset and end of the circumstances of force majeure to the other party in writing.

M.3.- If the suspension due to force majeure lasts longer than 60 (sixty) days, each party shall have the right to terminate this contract, with a notice of 10 (ten) days to be notified to the

counterparty in writing.

N.- CONFIDENTIALITY

N.1.- The Buyer undertakes to maintain confidentiality as regards all information of a technical (such as, by way of a non-limiting example, drawings, tables, documentation, formulas and

correspondence) and commercial nature (including contractual conditions, purchase prices, payment conditions,

...) gained during the performance of this contract.

N.2.- The confidentiality obligation shall be undertaken for the entire duration of this contract and for the period following its execution.

N.3.- In case of failure to uphold the confidentiality obligation, the non-fulfilling party shall pay the other party compensation for all damages that may derive therefrom.

O.- SELLER’S TRADEMARKS AND DISTINCTIVE SIGNS

O.1.-The use of trademarks, ornamental designs and creative works in general, in whatever form and manner of expression (such as, by way of a non-limiting example: images, photos,

drawings, videos, shapes, structures, etc.) constituting the Seller’s intellectual property, through any means (such as, by way of a non-limiting example: press, video, radio, internet, social

media, instant messaging platforms or VoIP, etc.) is strictly forbidden. Any exception to the said prohibition, even only partial, must be authorised in writing, each time, by the Seller’s general

management.

P.- CONTRACT LANGUAGE, APPLICABLE LAW, JURISDICTION AND AUTHORITY

P.1.- The present CONTRACT is drafted in Italian, and in case of disputes the said version shall prevail over any translations in other languages.

P.2.- Any dispute concerning the supply of products shall be subject to Italian law and jurisdiction and the Court of Modena, the town in which the Seller has its registered office, shall have

sole local jurisdiction.

445

Commercial information