corimpex

Disclaimer

I) - Clause NO RUSSIA: restriction on the act of sale, supply, transfer, or export or re-export to Russia.

  1. Corimpex S.r.l. declares not to sell, supply, transfer, export or re-export, directly or indirectly in Russia or for use in Russia the goods subject to its commercial traffic that falls within the scope of art. 12g of Reg. EU No. 833/2014 and ss.mm.ii.
  2. Corimpex S.r.l., in compliance with the rule of art. 12g of EU Reg. no. 833/2014 and ss.mm.ii. , with this disclaimer explicitly prohibits its Customers the direct and/ or indirect re-export in Russia or for use in Russia of all goods expressly indicated by the aforementioned rule referred to in EU Reg. n. 833/2014 (that is: goods or technology, firearms and ammunition, etcetera, etcetera)
  3. The Customer undertakes to:
    • comply with the prohibition laid down in point 2;
    • ensure that art. 12 octies of Reg. EU n. 833/2014 and ss.mm.ii. is also respected by third parties (including possible retailers);
    • create and maintain an adequate monitoring mechanism that allows to detect any behavior held by third parties (including retailers) in violation of art. 12g of Reg. EU No. 833/2014 and ss.mm.ii. ;
    • take responsibility for any malicious or negligent actions committed in direct or indirect circumvention of the rule referred to in art. 12g of Reg. EU No. 833/2014 and ss.mm.ii. ;
    • inform Corimpex S.r.l. immediately and without delay of any violation of art. 12 octies of EU Reg. n. 833/2014 and ss.mm.ii. committed by you and/or third parties;
    • make available to Corimpex S.r.l., within 2 weeks of the written request by the latter (Corimpex S.r.l.), all useful information relating to compliance with the rule referred to in art. 12g of Reg. EU No. 833/2014 and ss.mm.ii.
  4. If the Customer does not comply with the rule set out in art. 12g of EU Reg. no. 833/2014 and ss.mm.ii. Corimpex S.r.l.:
    • may require the Client to act promptly to remedy such violations;
    • can immediately and without delay terminate the contract of supply/ confirmation of order plants/ spare parts by means of written communication to be sent to the buyer by means of registered letter with return receipt, courier or certified email, in any case without prejudice to all other rights of Corimpex S.r.l. already agreed and signed by the parties in this disclaimer and also stipulated in the supply contract/ order confirmation plants/ spare parts, except, in any case, compliance with existing contract law;
    • may claim a penalty equal to 30% of the total value of the supply contract/ order confirmation plants/ spare parts, without prejudice to the right of Corimpex S.r.l. to obtain compensation for any greater damage suffered;
    • shall promptly inform the competent authority of the Member State in which he is resident or established of the above-mentioned violation(s), as soon as it becomes aware thereof.
  5. Each party (Corimpex S.r.l. and Customer) is solely directly responsible for its own actions in order to comply with the current European legislation regarding the sale, supply, transfer or export to a third country of the said goods, in compliance with art. 12 octies (clause No Russia) and in any case of all limitations provided for by the current EU Reg. n. 833/2014 and ss.mm.ii..

II) - Clause NO BELARUS: restriction on the act of sale, supply, transfer, export or re-export to Belarus.

  1.  With this disclaimer Corimpex S.r.l., in accordance with the rule of art. 8 octies of EU Reg. no. 765/2006 and ss.mm.ii. explicitly and directly prohibits its customers the direct and/ or indirect re-export to Belarus and for use in Belarus of all goods expressly indicated in the aforementioned rule.
  2. The Customer undertakes to:
    • comply with the prohibition laid down in point 1;
    • ensure that Art. 8 octies of Reg. EU no. 765/2006 and ss.mm.ii. is also respected by third parties (including possible dealers);
    • create and maintain an adequate monitoring mechanism that allows to detect any behavior held by third parties (including retailers) in violation of art. 8 octies of Reg. EU no. 765/2006 and ss.mm.ii. ;
    • ake responsibility for any malicious or negligent actions committed in direct or indirect circumvention of the rule referred to in art. 8 octies of Reg. EU no. 765/2006 and ss.mm.ii. ;
    • immediately and without delay inform Corimpex S.r.l. of any violations of art. 8 octies of EU Reg. no. 765/2006 and ss.mm.ii. orders from him and/or third parties;
    • make available to Corimpex S.r.l., within 2 weeks of the written request by the latter (Corimpex S.r.l.), all useful information relating to compliance with the rule referred to in art. 8 octies of Reg. EU 765/2006 and ss.mm.ii..
  3. If the Customer does not comply with the rule set out in art8 octies del Reg. UE n. 765/2006 and ss.mm.ii. Corimpex S.r.l.:
    • may require the Client to act promptly to remedy such violations;
    • can immediately and without delay terminate the contract of supply/ order confirmation of plants/ spare parts by means of written communication to be sent to the buyer by means of registered letter with return receipt, courier or certified email, in any case without prejudice to all other rights of Corimpex S.r.l. already agreed and signed by the parties in this disclaimer and also stipulated in the supply contract/ order confirmation of plants/ spare parts, except, in any case, compliance with existing contract law;
    • may claim a penalty equal to 30% of the total value of the supply contract/ order confirmation of plants/ spare parts, without prejudice to the right of Corimpex S.r.l. to obtain compensation for any greater damage suffered;
    • shall promptly inform the competent authority of the Member State in which he is resident or established of the above-mentioned violation(s), as soon as it becomes aware thereof.
  4. Each party (Corimpex S.r.l. and Customer) is solely directly responsible for its own actions in order to comply with the current European legislation regarding the sale, supply, transfer or export to a third country of the said goods, in compliance with art. 8 octies (clause No Belarus) and in any case of all limitations provided for by EU Reg. n. 765/2006 and ss.mm.ii..

III) - Clause ex art. 12 OCTIES BIS Reg. UE n. 833/2014 and ss.mm.ii..

  1. Pursuant to art. 128a of EU Reg. No. 833/2014 and ss.mm.ii. , Corimpex S.r.l. prohibits the Customer from using intellectual property rights, trade secrets or other information regarding the high priority common products listed in Annex XL of the above-mentioned EU Regulation that are intended for sale, the supply, transfer or export, direct or indirect, to Russia or for use in Russia.
  2. The Client undertakes, in turn, to impose the same prohibition referred to in point 1 on any sub-licensee of such intellectual property rights or commercial secrecy.
  3. In case of violation, Corimpex S.r.l. may ask the Customer to act promptly to remedy the violations; it may immediately and without delay terminate the delivery of the agreed goods; it may request a penalty equal to 30% of the total value of the same supply, without prejudice to the right of Corimpex S.r.l. to obtain compensation for any greater damage suffered; it must promptly inform the competent authority of the Member State in which it resides or is established of said violation(s).

IV) - Clause ex art. 3 OCTIES Reg. UE n. 833/2014 and ss.mm.ii..

Corimpex S.r.l. knows and complies with art. 3 octies of EU Reg. n. 833/2014 and ss.mm.ii. and declares that it does not import into the European Union, directly or indirectly, the steel products referred to in the above-mentioned standard if they originate in Russia or have been exported from Russia and that it does not purchase, directly or indirectly, the steel products referred to in that standard, whether located in Belarus or originating in Belarus.

V) - Clause to countries subject to EU restrictions and/or embargoes

Corimpex S.r.l. knows and respects all the restrictions (including the embargo) that the EU establishes against certain countries to which the trade of Corimpex S.r.l may come into contact directly or indirectly (id est Iran, Syria, North Korea, Venezuela, Ukraine – Donetsk and Luhansk -, et cetera)
Each party (Corimpex S.r.l. and Customer) is exclusively responsible for its own actions in order to comply with the current European legislation on sales, supply, transfer or export to a third country under embargo or otherwise affected by EU restrictions.

VI) - Due Diligence Clause

The Client undertakes to implement and maintain a structured risk management system that allows it to operate with conscientiousness, prudence and diligence in compliance with EU legislation and individual applicable national regulations, observing enhanced due diligence procedures (including strategic and business audits, financial and credit audits, environmental and sustainability audits, accounting and tax audits, regulatory compliance audits, etc.).
The Customer, in compliance with the obligations of care by the same previously identified and to the standards of qualified professional diligence, verifies the actual suitable conditions in the customs area, administrative and practical feasibility of export and import by setting up its own risk management system (including regular checks, provision for repair measures, document archives, etc.) avoiding, or possibly managing, the occurrence of elements and critical profiles that may compromise the success of the operations at each stage.