General terms and conditions of sale
General terms and conditions of sale of Sideius
1. GENERAL PROVISIONS
Unless otherwise and expressly agreed in writing, Sideius s.r.l. with registered office at Viale Europa, 40 – 41011 Campogalliano (MO) and with VAT number 02452540368 (hereinafter referred to as “the Company”) undertakes to provide services in accordance with these general conditions (hereinafter referred to as the “General Conditions”) and accordingly all bids or tenders for the provision of services shall be based on these General Conditions. All resulting contracts, agreements or other arrangements shall be governed in all respects by these General Conditions, except only to the extent that the laws in force in the place where such arrangements are made or such contracts are entered into preclude the application of any of the General Conditions. In such case, such local law shall prevail, but only to the extent that it conflicts with the General Conditions in question. Any amendments to these General Conditions contained in any document of the Principal shall not be deemed valid unless expressly accepted in writing by the Company. The services and performances are set forth in detail, in the technical and commercial proposal and in the Acceptance Form, together with the relevant price list, time of performance, and terms and manner of payment. The Company is a testing and inspection company. As such: 1.1 it provides such standard services in accordance with General Conditions Art.3; 1.2 it provides special services and technical assistance agreed upon by the Company and in accordance with General Conditions Art.11; 1.3 it issues reports and/or certificates in accordance with General Conditions Art.6.
2. DEFINITIONS
The terms included in these General Conditions shall have the meanings described below: a) “Sideius S.r.l.”, hereinafter referred to as “the Company”: the party issuing the technical commercial proposal/sales contract. The Company performs, at its own facilities and/or in the field, laboratory testing, non-destructive testing, dimensional testing, inspections, transfer of expertise and certifications. Some of the activities conducted by Sideius have been subject to accreditation, recognition or approval by the agencies responsible for issuing such attestations. The list of such activities can be found on the company’s website www.tec-eurolab.com in the “Accreditations” section. b) “Principal” shall be understood as the holder of the technical-commercial proposal/sales contract or end user in case the latter is a different entity. c) “Technical-commercial proposal,” hereinafter referred to as “economic offer,” will be understood as the document summarizing the services proposed by the Company to the Principal. d) “Sample” will be understood as any good that is the subject of an economic offer/sales contract. e) “Service” will be understood as any service, performance, supply or work that is the subject of an economic offer.
3. SERVICES PROVIDED BY THE COMPANY
The Company will perform services in accordance with the following: 3.1 specific instructions of the Client as confirmed by the Company; 3.2 terms of the Standard Order Form and/or the Company’s Standard Specification, if used; 3.3 compliance with the conditions and principles established by the applicable national and international reference standards, as referred to in the harmonized standard UNI CEI EN ISO/IEC 17025:2018 “General requirements for the competence of testing and calibration laboratories”, for services provided by the Testing Laboratory, and the harmonized standards UNI CEI EN ISO/IEC 17024:2012 “General requirements for bodies engaged in personnel certification” and UNI CEI EN ISO/IEC 17065:2012 “Requirements for bodies certifying products, processes and services,” for services provided by the Certification Body; 3.4 compliance with the latest updated Guidelines, as well as common practices and usages provided for the relevant sector.
4. OBLIGATIONS AND RESPONSIBILITIES OF THE PRINCIPAL
The Company acts for the persons or entities from which it receives instructions to proceed (hereinafter “the Principal”). No other party is authorized to issue instructions, particularly with respect to the subject matter of the inspection or the delivery of the report or certificate, without prior authorization from the Principal and in agreement with the Company. The Company shall, however, be deemed to be irrevocably authorized to deliver, at its discretion, the report or certificate to third parties in the event that these have been promised to them as a result of instructions given in writing by the Principal or in the event of specific legal provisions. The Principal shall: 4.1 ensure that the Company receives sufficient instructions and information in sufficient time for the required services to be provided efficiently; 4.2 promptly notify the Company of any changes from what is stated on the economic offer, e.g. on the number of samples to be sent and/or their nature; 4.3 provide the Company’s representatives with all necessary access so that the required services can be provided efficiently; 4.4 make available, upon request, any special equipment or personnel necessary for the provision of the requested services; 4.5 for the services of Sideius personnel away from the Customer’s premises and/or third party sites, the Customer shall ensure that all necessary safety and security measures are taken with respect to working conditions, sites and facilities during the provision of services, circumstances, these, for which the Customer remains solely and exclusively responsible both to the Company and to third parties. In the case of away activities at the Client’s premises, the Client undertakes to request from the Company all documentation necessary for the performance of the activity in accordance with current legislation on safety in the workplace no later than five working days prior to the start of the activities. It is also the Client’s obligation to report to the Company, by means of an appropriate DUVRI (Single Document for the Evaluation of Interference Risks) document, the risks present in the workplace, any emergency plans, names of the personnel present at the site of the intervention assigned to first aid and emergency management in case of fire. Any risks arising from activities to be carried out at height and/or in confined or suspected polluted places must be reported in writing to the Company when signing the General Conditions and following any economic offer accepted by the Company and the Client. The Company reserves the right to carry out an inspection at the work site indicated by the Customer, the charges for which will be borne by the Customer. 4.6 to take all necessary actions in order to eliminate or remedy any obstacle or interruption in the performance of the required services; 4.7 to inform the Company in advance of any actual or potential risk or danger relating to any order, sample or test, including, for example, the presence or risk of radiation, toxic, harmful or explosive elements or materials, environmental pollution or poisoning (in accordance with the provisions of Article 5 below); It is understood that the conclusion of the contract will occur with the communication to the Company of the Customer’s acceptance of the economic offer and this by signing for acceptance, the technical commercial proposal and the acceptance form.
5. COMPLETE INFORMATION AND HAZARDOUS MATERIALS SUBMISSION
All requests and orders for the provision of services must be accompanied by sufficient information, specifications and instructions to enable the Company to evaluate and/or provide the requested services. The sending of materials deemed hazardous under E.R. 1272/2008 (CLP) and Legislative Decree 81/2008 Title IX, must be strictly communicated, before sending the samples, to Sideius personnel. In the cases provided for, they must be accompanied by the relevant safety data sheet. In the case of receipt -without prior notice- of materials judged to be hazardous according to R.E. 1272/2008 (CLP) and Legislative Decree 81/2008 Title IX, Sideius reserves the right to terminate the contract and not to continue with processing, in addition to charging the customer for shipping costs and the additional handling costs for the return of materials judged to be hazardous.
6. FINAL TEST REPORT AND ENGLISH LANGUAGE REPORT
Economic bids include the preparation of the final test report, written in Italian. English language translation, if requested, will be quoted at a predetermined hourly cost and based on the content of the report itself. In the event of a change in an already issued test report, the test report will be reissued with the same numbering and updated revision index, or a new test report may be issued with different identification. In either case, the new document will indicate the cancellation and replacement of the original test report to which it refers, and the updated information will be clearly identified therein. Revisions of test reports requested by the Principal and not originating from errors or deficiencies of the Sideius Laboratory may incur an additional cost to the Principal. Under no circumstances, in accordance with EA Resolution 2014 (33) 31, may the Sideius Laboratory proceed to modify – at the request of the Customer – already issued test reports, for insertion or variation of identification data of the product being tested (coding, lot, serial number, drawing number, model, etc.) provided by the Customer after the test report has been issued, although such data shall remain the responsibility of the Customer and the reference to the original test report shall be maintained. The Sideius Laboratory is also not permitted to issue separate test reports, to separate conforming and nonconforming results, where the samples subjected to testing are referable to the same production batch.
6.1 INTESTATION OF TEST REPORT (ref. ISO/IEC 17025 §7.8.2).
According to the requirements of the UNI EN ISO/IEC 17025 standard, the holder of the Test Report must always coincide with the party who entered into the Contract or issued the order to the laboratory, regardless of who is actually interested in the results. Any references to third parties, if requested by the client, will be given in the appropriate field within the Test Report.
6.2 MIC – SAMPLE IDENTIFICATION FORM
Samples will be identified in the test report solely by reference to the information provided in the completed form that is present with the technical/commercial quotation and/or order confirmation label.
Modification of this information, requested after the test report has been submitted, is not permitted.
According to EA Resolution 2014 (33) 31 regarding requirement 5.10.9 of ISO/IEC 17025, it is not possible for accredited Laboratories to re-issue Test Reports, changing the information related to the product trade name or product brand name (including the manufacturer’s name), present in the description of the test sample, and in any case the identification data (coding, lot, serial number, drawing number, model, etc.) of the sample itself, even with explicit reference to the previously issued Test Report. Therefore, since the identification of the sample delivered at acceptance and all information related to the sample issued during acceptance is the responsibility of the Client/Purchaser, it follows that any requests for changes in this information must be received by the Sideius Laboratory only and exclusively in writing, before the start of the related tests. In addition, in the event of changes (in the name and/or any other information regarding the sample to be tested, indicated at the time of acceptance) occurring subsequently, the Client must provide for a new test sample to be sent. Instead, it will always be possible to change the description on the Test Report to: 1) Correct errors when the description given on the Test Report does not match the description given in the Customer’s order (error made by the Laboratory in transcribing the Customer’s request). For this type of error, even a verbal request will suffice. 2) Correct errors made by the Client in filling out the request. For this type of errors, the Client must send an explicit written request for any changes. Such a request, dated and signed by the Client himself, will be evaluated by the Sideius Laboratory about the possibility of drawing up a Revision of the Test Report (this possibility can be implemented only in the case where the Client declares the presence of an error on a provided data). Example of communication to be sent: “I am hereby requesting the modification of the description of the sample related to the test report No. … of … from … to … I declare that the first description communicated to you is incorrect due to our error of … (typing/communication/transfer) and that this description does not correspond in any way to the sample tested by you. In particular, I declare, on my own responsibility, that the correct description does not constitute a new trade name/brand of the product identified by the incorrect description.” In any case, it will not be possible to make changes to the sample description on the Test Report when the requested changes involve a change in the trade name, manufacturer or brand name of the product, or identifying coding of the sample, from what was indicated by the Customer at the time of acceptance. In such a case, the Customer must arrange for a new test sample to be sent, which includes the issuance of a new Test Report. See also Sideius General Conditions of Sale Art. 6. In order to limit inconvenience, it is requested that the greatest care be taken when writing the MIC form, clearly stating the full description of the sample you wish to have on the Test Report.
6.3 URGENCY SURCHARGE.
Sideius will charge a surcharge over standard prices, which will be agreed upon with the client, for requests for activities performed under an emergency procedure (i.e., requests without prior notice or days in advance of the delivery time) and/or outside normal business hours (i.e., Monday through Friday from 8:30 a.m.-12:30 p.m. and 1:30 p.m.-5:30 p.m.).
6.4 ENVIRONMENTAL CONTRIBUTION – Integrated Environmental Management of Laboratory Waste.
The environmental contribution supports the implementation of all operations involved in the proper laboratory waste management process, such as analysis, storage, management of cogent administrative paperwork and disposal, contributing to environmental sustainability and compliance with evolving environmental regulations. A contribution item will be included in each technical-commercial proposal, covering the cost of managing the waste generated by the management of the order itself. In the case of activities involving particularly heavy environmental waste management burdens, Sideius reserves the right to apply a variable contribution that will be agreed with the Client.
7. BILLING ARRANGEMENTS
At the end of each month all services completed in the current month will be invoiced. In case the activity campaign is prolonged for several months, the Company plans to invoice partial advance payments for the activity communicated from month to month, with balances at the end of the work.
7.1 MINIMUM BILLING AMOUNT
For each accepted order, regardless of the number or type of tests requested, the minimum billable amount is € 150.00 + VAT, unless otherwise agreed in writing between the parties. This amount is intended to cover the minimum costs of management, administration, acceptance and preparation of the activity, even in cases where the economic value of the individual services requested is lower.
8. DECLARATION OF CONFORMITY
If explicitly requested by the Principal, the Company may make a judgment of conformity on the results of tests performed by its Laboratory. The criterion that describes how measurement uncertainty is taken into account when declaring compliance with a specified requirement is called the “decision rule.” Where the decision rule is not explicitly dictated by the Principal or explicitly defined by technical standard, regulation or current legislation, the Sideius Laboratory generally adopts the decision rule of simple acceptance with a maximum probability of 50% PFA (so-called “shared risk”), with reference to ILAC-G8 Guideline. In cases where, having considered an extended measurement uncertainty calculated with a 95% probability of coverage, the conformity of the result is not unequivocal, the Laboratory will therefore issue any conformity judgments through direct comparison of the result obtained with the reference value, without taking into account the contribution of uncertainty. In particular, conformity is declared in all cases where such result does not exceed the limit of the specified acceptability range.
9. MEASUREMENT UNCERTAINTY
In the case of Accredited Laboratory testing, measurement uncertainty values will be reported on the test report when relevant to the validity or use of the test results, if expressly requested by the Customer at the time of acceptance of the economic offer, or if they affect compliance with specification limits.
10. USE OF TRADEMARKS AND LOGOS
The Customer undertakes not to make use of the logos and trademarks present within the documentation received from the Company: the aforementioned trademarks may not be used in documentation concerning a product, nor may they be reproduced on a product. Therefore, the use or reproduction, even partial, of the logos of the Accreditation, Certification, Company’s logos present on the documentation issued by the Company to the Customer are prohibited. The Principal is authorized to submit and/or attach the final test report.
11. OPINIONS AND VIEWS
What is stated in the test report or accompanying report refers only to the sample tested and in no case is extendable to other samples or batches from which such samples were taken. If an opinion on the total volume is requested, arrangements must be made in advance with the Company for inspection and sampling of the same. Sampling activities and the issuance of opinions and opinions are not covered by Accreditation.
12. SUBCONTRACT
The Company may, delegate the performance of all or part of the services hired on behalf of the Principal to any agents or subcontractors, when authorized in writing by the Principal. Outsourced activities are reported in the technical and commercial proposal and are subcontracted to qualified and monitored external suppliers in accordance with the requirements of the applicable management procedures of the Laboratory Quality Management System. The Company remains responsible for results provided to the Principal related to subcontracted tests or test steps.
13. SAMPLE STORAGE AND DOCUMENT ARCHIVING
The Company is obliged to ensure the proper storage of the sample according to its internal procedures, also adhering to any information and directions received from the Principal. Unless expressly stated in the transport document and/or the Customer’s documents, the sample tested will not be returned to the Customer. Otherwise, if there is a willingness on the part of the Principal to have the sample and material delivered to the Company back, such willingness must be stated in the reason for the transport document. The processed sample (specimen) submitted to Laboratory test for which return is not requested will be kept for a period of twelve (12) months at the Company’s archive, starting from the date of issuance of the test report. After the twelve (12) months have elapsed, the Company may consider the samples as waste and will dispose of them. Processing scraps shall be kept for four (4) weeks from the date the test was performed, then disposed of, unless otherwise notified by the Principal. Records of testing, inspection, non-destructive testing, qualifications of welders and non-destructive testing personnel shall be retained for a period of ten (10) years from the time of their approval and release to the Principal. Sideius shall maintain records, for each testing activity, by completion of appropriate data transmission forms or report printouts from machine software, as applicable, of information sufficient to facilitate the identification of factors affecting the test results and otherwise necessary to permit repetition of the testing activity under conditions as close to the original as possible. The aforementioned records of testing, testing and non-destructive testing, as well as records of the qualifications of the Laboratory’s technical personnel, shall be retained for a period of ten (10) years. Any numerical printouts (date files) of machines, where existing, are extracted and provided to the Customer if expressly requested on order; in these cases the Laboratory ensures the same traceability and preservation as for the above records. In the event that the processing requested from the Company involves samples, specimens and/or scraps from the end of processing that do not provide for scrapping, as they are requested to be returned by the Customer, the same shall be kept free of charge at the Company’s premises for 30 (thirty) days following the end of the processing. After this term, if the same have not yet been collected by the Customer and/or have not been authorized for scrapping, the Company will charge the Customer a storage fee of 100 (one hundred) €/month for the following 3 (three) months. At the end of the following 3 (three) months, materials not yet collected will be scrapped. In all cases, the cost of handling the disposal and scrapping, if done by Sideius, will be charged to the Customer. In all cases, the Company invites the Principal to take charge of the collection at his own expense. For information and arrangements, e-mail logistica@sideius.com is available.
13.1 DEFINITION OF SCRAP/SAMPLES/PRODUCTS
Specimen: Material received from the Customer for execution of the order under consideration. Specimen: Material processed and finished according to the indications of standards or specifications reported and attached to the order in question for execution of the required tests/tests. The specimen may be sent ready-made by the Customer, in which case the definition of specimen will coincide with the sample, or obtained by the Company from one or more material samples. Scrap: Waste material, if any, from the samples received from the Principal.
14. APPLICABLE STANDARDS AND ACCREDITED TESTS
Unless otherwise indicated by the Principal, the Company performs the tests according to the standards for which it is accredited, in the latest revision in force, which can be consulted on the website www.tec-eurolab.com in the “Accreditations” section, with the diligence required by the nature of the professional activity performed. In the case of multiple accredited standards for the same test, priority will be given to the national standard. A UNI CEI EN ISOI IEC 17025:2018 accredited laboratory is operational within the Company Sideius s.r.l. and it is possible to consult the detailed list of accredited tests directly at the ACCREDIA website: www.accredia.it
15. RESPONSIBILITY OF THE COMPANY
The Company has established, implemented and enforces a documented process for receiving, evaluating and making decisions on any complaints received from the Principal. Methods and responsibilities for implementing the process for handling complaints are defined in the Company’s Quality Manual; a description of the process is made available by the Company to all interested parties who request it. The Company’s responsibility refers only to the analytical results referred to the samples subject to analysis, which do not constitute approval or otherwise judgment of merit of the product to be analyzed, the Company, moreover, assumes no responsibility regarding the actual representativeness of the sample subject to the analysis services to the reference lot and/or the context from which it was taken. The Company is only liable for the activities directly performed, i.e., subcontracted, from the time the sample reaches it. In case of ascertained non-performance, the relevant liability shall be limited to the damages that are an immediate and direct consequence of such non-performance, provided that the same was determined by slight negligence (and not, on the other hand, by wilful misconduct or gross negligence). In this case, it may be called to answer for the direct damages generated pursuant to Article 1382 of the Italian Civil Code for an amount that will be assessed from time to time commensurate with the extent of the contracted service and in any case not exceeding the value of 50,000.00 (fifty thousand). In any case, the Company shall not be held liable for indirect, special and/or consequential damages or losses complained of by the Principal, including lost profit. The Principal undertakes, in any case, to indemnify and hold harmless the Company, as well as its personnel, from any claim for compensation made by third parties for damages or expenses of any kind in connection with the Services performed. The Company’s limit of liability may be raised, upon request to the Company prior to the performance of the Services, up to such value as may be agreed upon, upon payment of additional consideration equal to an appropriate fraction of the increase in such indemnity or up to such value as may be determined. Within the limits set forth in the preceding paragraphs and in the event of the Company’s alleged non-performance, the Company shall be notified of such circumstance by the Customer no later than 15 (fifteen) days from the time when the latter became aware of it, failing which the Company shall not be able to activate any and all recourse mechanisms against the Company.
16. SAFETY OBLIGATIONS OF THE COMPANY
The Company is committed to complying with the obligations imposed on safety in the workplace. Personnel are informed, educated and trained for the activities under bid, subjected to health surveillance as per health protocols dictated by the Company Physician, in compliance with the provisions in force regarding safety in the workplace, Contribution Regularity, etc. The Company undertakes to provide within the established timeframe, prior to access to the workplace in the case of activities carried out at the Customer’s premises or at locations indicated by the Customer, the documentation required for the subsequent preparation of the DUVRI by the Customer (in accordance with General Conditions art. 4.5). The charges due for the preparation of the documentation required for access to the work site requested by the Principal, no later than 5 (five) working days prior to the commencement of the activity, will be assessed on a case-by-case basis and promptly communicated to the Principal.
17. CHARGES FOR ITINERANT ACTIVITIES
The General Conditions applicable for activities performed at workplaces other than the Company’s premises will follow the following schedule in addition to the above.
17.1 Charges to be borne by the Principal
Securing the workplace and prior sharing of information pertaining to safety itself: assistance and management of any lifting equipment (scaffolding, baskets, cranes, hoists, etc.); lighting and electricity; charges due for any forced stoppages resulting from causes not attributable to the Company, quantifiable per individual technician in proportion to the value of the service; travel charges for activities not carried out due to events not attributable to the Company (e.g., weather conditions).
17.2 Charges borne by the Company
Expected charges for safety, PPE personal protective equipment, training: properly trained and qualified personnel; equipment and means necessary to carry out the activity.
18. INDEMNITY, INDEMNITIES AND ADDITIONAL COSTS OF THE COMPANY
The Principal shall guarantee, indemnify, and hold harmless the Company and their respective officers, employees, agents, or subcontractors against any and all claims made by any third party for loss, damage, or expense, of whatever nature or however arising, with respect to the performance, alleged performance, or non-performance of any service, provided that the aggregate sum of such claims concerning any one service exceeds the limit set forth in Art. 15. All officers, employees, agents, or subcontractors of the Company shall be eligible for the limitation of indemnification and compensation set forth in these General Conditions and, to the extent that it relates to such limitation, any contract entered into by the Company is entered into not only on its own behalf but also as agent or fiduciary for any of the above mentioned persons. Should unexpected problems arise or unforeseen expenses occur during the performance of any services hired, the Company shall have the right to notify and agree upon any additional costs in order to cover the increased time devoted and expenses necessarily incurred in completing said services, after necessary discussion with the Principal.
19. MAJOR FORCE.
In the event that the Company finds itself, for any reason beyond its control, unable to perform or complete any service commissioned to it or in connection with which it has entered into a specific agreement, the Principal shall pay to the Company: 19.1 the amount of all expenses actually incurred; 19.2 a percentage of the agreed upon fee or commission equal to the percentage of the service eventually and actually performed;
20. RISK OF LOSS AND DAMAGE
The Company does not act as an insurer or guarantor and denies any liability in this regard. The Principal who requires a guarantee against loss or damage must take out appropriate insurance.
21. INTELLECTUAL PROPERTY RIGHTS
The Intellectual Property Rights, unless otherwise specified, are the total and exclusive property of the Company Sideius s.r.l. and their communication or use within the scope of these General Conditions does not create, in relation to them, any right or claim on the part of the Principal. The Principal undertakes not to perform, directly or indirectly, any act incompatible with the ownership of the Intellectual Property Rights. Neither the conclusion nor the execution of this agreement nor the sharing of information shall be considered an assignment or license of Industrial or Intellectual Property Rights.
22. CONFIDENTIALITY CLAUSE
The Company, the Principal and their representatives undertake, also due to the specific nature of the existing contractual relationship, to maintain the utmost confidentiality on mutual information they may become aware of by virtue of the performance of the contract entered into, both of a commercial and technical nature. In particular, the Principal, due to the specific nature of the existing contractual relationship and for its entire duration, as well as for 10 (ten) years following the termination of the existing contractual relationship, unless otherwise agreed, undertakes to: 22.1 to maintain the confidentiality of any technical or commercial element of which it becomes aware in the course of the relationship between the Company and the Principal itself; 22.2 not to request information, products or advice from Suppliers/Customers of the Company, directly or indirectly through third parties/Customers, unless specifically authorized; Breach of this confidentiality covenant will entail a penalty charge for the Principal, who as of now acknowledges that he is liable for it, equal to the value of half of the annual turnover related to the relationship between the parties, calculated on the average of the last three years.
23. EXPRESS TERMINATION CLAUSE
The parties shall have the right to terminate, pursuant to and for the purposes of Article 1456 of the Italian Civil Code, at any time, by written notice, the supply and/or provision of a service in the event of non-fulfillment of the obligations provided for in the articles: art. 3. SERVICES PROVIDED BY THE COMPANY, art. 4 OBLIGATIONS AND RESPONSIBILITIES OF THE CLIENT, art. 5 COMPLETE INFORMATION AND SENDING OF HAZARDOUS MATERIALS, art. 10 USE OF TRADEMARKS AND LOGOS, and art. 22 CLAUSE OF CONFIDENTIALITY. Such termination shall occur as of right, as of the date of receipt of the notice sent by registered letter with return receipt or by PEC, by which either party declares that it intends to avail itself of this express termination clause, without prejudice to the right to compensation for any consequent damage. It is understood that this agreement shall be deemed to be automatically terminated in the event of bankruptcy, composition, liquidation or other proceedings requested or initiated by the competent authorities of either party. The ipso jure termination shall take effect without right to refund or compensation.
24. FINAL RULES AND JURISDICTION
No alteration, modification or waiver of any of these General Conditions shall have any effect unless executed in writing. Therefore, conduct of the Company or of the Principal that differs from the provisions of these General Conditions shall not create any rights on the part of the parties, each of which may at any time request the application of the provisions herein. For any dispute and controversy relating to the interpretation, execution and termination of these General Conditions the Court of Modena shall have exclusive jurisdiction and the applicable law shall be Italian law.
25. PRIVACY PROTECTION
The Parties mutually acknowledge that they are aware of and apply, within their own organizations, all current and emerging regulations on the processing of personal data, both primary and secondary, relevant to the proper management of the Processing, including the EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 (hereinafter “GDPR”). Pursuant to Article 13 of the GDPR, the Parties shall process the personal data covered by the contract for purposes related to the proper performance of the contract and in such a way as to enable the Parties to fulfill their obligations under the contract. The data shall be processed by personnel duly authorized for processing through the use of manual, computerized and telematic tools in compliance with Articles 6 and 32 of the GDPR. The data will be communicated, to external parties necessary for the provision of the service and to fulfill contractual and legal obligations, acting as Data Controller or Data Processor. The data will not be and will be transferred to countries belonging to the European Union and stored for a period of time not exceeding that necessary to pursue the purposes of the processing. Sideius’ extended information notice is available at www.tec-eurolab.com under Privacy Policy or can be obtained at privacy@sideius.com
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