7.2 Unless otherwise provided, the warranty granted by Brofer is 12 (twelve)

months from the date of delivery of the Products. Brofer’s obligations arising

from the warranty are strictly and exclusively limited, at Brofer’s discretion,

to the repair or replacement of the parts defined as defective and covered

by Brofer’s warranty, only if previously inspected by personnel authorized

by Brofer. The warranty is subject to noti

fication, in the forms provided for

in Article 6.1 above, within 8 (eight) days from the date of discovering the

defect or mismatch.

7.3 The remedies provided by this article 7 (consisting in the obligation to repair

or replace the Products) absorb and replace any other warranty or remedy

provided by law, and exclude any other liability of Brofer (both contractual

and extra-contractual) however originated from the Products supplied (e.g.

compensation for damages, loss of earnings, withdrawal campaigns).

7.4 Should the Products be supplied with application programs (“Software”),

the Software is supplied “as it is”, therefore with no warranty, whether it is

legal or of another type, with particular reference to the presence of hidden

defects or errors, to the correct or continuous functioning of the Software,

to its suitability for a specific use or to the violation of third-party rights.

Brofer is not liable for damages to the Customer unless it is required by

the laws in force or appears in a written agreement. This includes general,

special or incidental damages, as well as damages resulting from the use

or inability to use the Software; this includes, but is not limited to, loss of

data, data corruption, losses incurred by the Customer or third parties and

the Software’s inability to operate with other software, even if the owner or

other parties have been advised of the possibility of such damages.

7.5 Brofer does not guarantee the compliance of the Products with particular

specifications or technical characteristics or their suitability for particular

uses unless such characteristics have been expressly agreed in writing in

the Contract.

8. Limitation of liability

8.1 With the exception of what is provided for by the warranty indicated in Article

7 or in case of wilful misconduct or gross negligence by Brofer, under no

circumstances shall Brofer be liable for any loss of profit, loss of production,

of product, of contracts, of opportunity, for damage or loss of raw materials,

for damages deriving from costs related to the Customer’s idle expectations

or production stops, for any penalties or damages requested by third parties

directly or indirectly connected to the contract; for costs and damages

deriving from the withdrawal of the product from the market, or for punitive

or additional incidental, indirect or consequential losses or damages.

8.2 Under no circumstances may the Customer suspend or delay payment of

the price.

9. Industrial and intellectual property

9.1 Unless otherwise agreed and approved in writing by Brofer, the Customer

expressly acknowledges that trademarks, trade names or other distinctive

signs on the goods are the exclusive property of Brofer and cannot be altered,

modi

fied, removed or cancelled in any way. The Customer has the limited

right to use trademarks, trade names or other distinctive signs, as well as

any other industrial property right or production and commercial know-

how incorporated in the goods and which remain the exclusive property of

Brofer for the sole and limited purpose of reselling the goods to the public.

Any different use of Brofer’s intellectual property by the Customer, unless

expressly granted by Brofer in writing, will be considered as a violation by

the Customer of Brofer’s aforementioned exclusive rights, also in terms of

contractual responsibility and, as such, will be appropriately prosecuted.

9.2 Documents, drawings, data and information (both on paper and on

electronic support) that must be delivered to the Customer remain the

exclusive property of Brofer and are a support for a better representation of

the Product and are indicative of the Product’s performance. The Customer

undertakes not to reproduce them, not to disclose them to third parties and

to take the necessary precautions towards its personnel to guarantee their

protection.

10. Data processing

10.1 The Customer’s personal data will be processed in accordance with the

provisions of Italian law on personal data processing (EU Reg. 679/2016,

“GDPR”). Brofer informs the Customer that Brofer is the controller of the

processing and that the Customer’s personal data is collected and processed

exclusively for the execution of the Contract. Pursuant to the GDPR, the

Customer has the right to obtain information from Brofer on what data is

processed by the data controller (right of information); the right to request

and obtain in an intelligible form the data held by the data controller (right of

access); the right to revoke consent at any time; exercise the right to oppose

processing in whole or in part; the right to oppose automated processing;

the right to obtain the deletion of data held by the data controller; the right

to obtain the updating or recti

fication of data provided; the right to request

and obtain the transformation into anonymous form of data; the right to

request and obtain the blocking or limitation of data processed in violation

of the law and that whose retention is no longer necessary for the purposes

of processing; the right to data portability.

11. Prohibition to transfer

11.1 The rights deriving from the contract must not be transferred or delegated

to third parties by the Customer.

12. Applicable law

12.1 If the Customer is a subject under Italian law, these General Conditions

of Sale and all the contracts entered into by the latter with the Seller are

governed by Italian law.

12.2 If the Customer is instead a subject of a different nationality to Italian, these

General Conditions of Sale and all the contracts entered into by the latter

with the Seller are to be governed by the 1980 Vienna Convention relating to

the International Sales Contracts of Goods.

13. Jurisdiction

13.1 Any dispute arising between the parties as a result of the interpretation,

validity or execution of these General Conditions of Sale and the related

contracts entered into, will be deferred to the exclusive jurisdiction of the

Court of Treviso.

13.2 It is understood by the parties that only Brofer, under its own discretion, will

have the right to waiver the jurisdiction of the exclusive Court referred to

in paragraph 12.1 above to take legal action against the Customer, at their

residence and at the competent Court therein.

14. Final provisions

14.1 The whole or part invalidity of individual provisions of these General

Conditions of Sale does not affect the validity of the remaining provisions.

14.2 These General Conditions of Sale are drawn up in both Italian and English

versions. Should any interpretative doubts arise, the Italian version will

prevail.

Pursuant to and in accordance with Articles 1341 and 1342 of the Italian Civil

Code, the Customer speci

fically approves the provisions mentioned as follows:

Article 1.1 - The applicability of the General Conditions of Sale to all contracts;

Article 3.3 - Failure to pay within the terms; Article 3.4 - Prohibition of offsets,

deductions or reductions; Article 4 (full) - Delivery; Article 5 (full) -Delivery

terms; Article 6 (full) - Duty to inspect and to accept products; Article 7 (full)

Warranty; Article 8 (full) - Limitation of liability and solve et repete; Article 12 (full)

- Applicable law; Article 13 (full) - Jurisdiction.

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