2.Orders

2.1 Each order shall exclusively regard the products expressly indicated in the same.

2.2 DMLink shall clearly specify the products in the order: the current code and description of the products listed in the SUPPLIER’s price list may be used to these purposes from time to time.

4.Purchase price protection

4.1 If the price list is reduced, the SUPPLIER will apply a price adjustment as per the new price list to DMLink for unfilled orders. The same practice shall apply regarding goods in transit and in the case of unsold goods in DMLink’s warehouse through the issue of special credit notes. In the case of goods in transit and unsold goods in DMLink’s warehouse, the latter shall forward a written request for the price adjustment, within 30 (thirty) days of the date of the price list variation and shall also provide documentation regarding the system data, stock data and data related to the goods in transit.

6.Complaints and returns

6.1 On receipt of the products DMLink shall check the state and the conformity of the products within 14 days after the date the delivery note was undersigned.

6.2 All complaints relating to the conformity of the products to the order, including those relating to their quantity and/or external appearance shall be made in writing and communicated by e-mail to the SUPPLIER within and not latest than 14 days from receipt.

6.3 If the products are defective, DMLink will have the right to return them to the SUPPLIER and the defective products shall be credited to DMLink by Credit note which will be issued within the following month. The transport costs for the defective product will be charged to the SUPPLIER.

6.4 This article shall not apply to the so-called “anonymous faults” (that is, those faults that are not evident at the time of the transfer of the faulty product from one subject to another during the distribution chain and which emerge solely at the time that the same product arrives at the consumer).

8.Patents, brands and trademarks

8.1  DMLink shall expressly acknowledge that the name of the SUPPLIER, its graphic composition and the Know-How relating to the products supplied are protected by the laws regarding the intellectual and industrial property rights of the SUPPLIER and/or of companies belonging to the group.

8.2 DMLink may in no way utilise, delete or remove any indication relating to patents, brands, sales/commercial names or hall marks and trademarks relating to origins given by the SUPPLIER to the products supplied, without the prior written authorization of the SUPPLIER.

10.Confidentiality

10.1 DMLink and the SUPPLIER shall treat as strictly confidential and not divulge any of the information, data, technical formulae that they might both learn in execution of this CONTRACT, and shall similarly be responsible for the conduct of their employees.

10.2 Barring any case in which, at the time of the signature of this CONTRACT, any element constituting information, data or technical formulae that are already public knowledge and are already known by the Parties, published or have become public knowledge later, and in exactly the same form and combination but not due to any violation of the obligations of confidentiality assumed in this CONTRACT.

10.3 This article shall come into force from the date it is signed and shall terminate solely when the information, data, technical formulae shall be known to the majority of those operating in the sector or shall have become public knowledge. Should one or more elements of this  information, data, technical formulae become known or public knowledge, in exactly the same form and combination, the agreement shall continue to be effective with regard to the other elements not yet known or become public knowledge.