ex Legislative Decree. 198/2021
1 Object of the contract
The contract concerns the sale for consideration of perishable agricultural products[1] by the supplier to the buyer. The characteristics, quantity, and price of agricultural products are defined at the time of the individual order, in the manner and timeframe deemed most appropriate by the parties.
Sales include ancillary products such as vases, information labels, advertising materials, and other products preparatory to the main product.
The parties agree that the sale under the contract will take place with delivery of the products on a non-periodic basis, but established from time to time according to the needs of the buyer and the supplier.
2 Packaging and Delivery
The supplier must adhere, according to the criteria of good diligence and loyal cooperation, to the good packaging and loading techniques indicated by the buyer, in order to avoid damage to the products.
The agricultural products delivered to the buyer must meet the promised standards and quality.
The supplier undertakes to notify the buyer, without delay, of the temporary unavailability of one or more products.
The agricultural products will be made available at the supplier’s premises within the timeframe and according to the methods set forth in Article 1, paragraph 1. The buyer may collect them personally or through a carrier of their choosing. Shipping costs will be borne by the buyer.
The risks relating to the products will transfer to the buyer from the moment of collection of the goods by the carrier or the buyer himself.
In the absence of causes of force majeure to Failure to collect the products by the buyer within the agreed timeframe transfers the risk of deterioration or loss of the products to the buyer.
In the event of failure to collect the goods within 72 hours of the products being made available, due to causes attributable to the buyer or its carrier, the supplier will still be entitled to receive payment of the full agreed amount.
Any complaints must be raised when the buyer receives the goods. Objections must be submitted either by telephone or by email and be accompanied by suitable photos.
3 Buyer’s obligations.
The buyer shall pay the supplier the price of the products received within the agreed time, place, and method.
The buyer undertakes, during the execution of this contract, to purchase the supplier’s products in the quantities specified in the orders.
The rights and obligations deriving from this relationship may not be transferred to third parties by the purchaser, without the prior written approval of the supplier.
Where you meant To cancel orders for perishable agricultural products, the buyer is required to inform the supplier respecting a notice period of no less than 30 days from the delivery date.
The supplier reserves the right to receive payment for the costs incurred to prepare the order up to that point, as well as compensation for any damages suffered.
4 Duration of the contract
This contract has a term of one year, with retroactive effect from the entry into force of Legislative Decree 198/2021. The contract is deemed concluded upon acceptance of the first order, sent to the buyer by the supplier. It will be automatically renewed upon the first acceptance of an order in subsequent years.
5 Payment
In the event of late payment, the buyer is required to pay legal interest on late payment[2], pursuant to Article 4, paragraph 2, Legislative Decree no. 198/2021, which automatically accrues from the day following the expiration of the deadline, without the need for formal notice.
The supplier may suspend deliveries in the event of a buyer’s default. If the buyer disputes the products, they must still pay within the agreed terms for the items not subject to the dispute.
Any disputes regarding the price charged must be raised in the manner and within the terms set forth in Article 2, last paragraph, of this Framework Agreement.
6 Controversies
The reference legislation is Italian law.
Any dispute arising from this contract, or related to it, must first be the subject of a conciliation attempt pursuant to Legislative Decree No. 28 of 2010 and subsequent amendments before a mediation body designated by the supplier.
If the conciliation attempt fails, the dispute will be referred to the competent judicial authority, at the Court of Turin
7 closing rules
Any return by the buyer to the supplier,of agricultural products, does not exempt the buyer from paying for such unsold products, nor for the costs of their transportation and subsequent disposal;
The buyer may not request payment from the supplier as a condition for the storage, display, listing of its products, or for their marketing;
The buyer may not require the supplier to fulfill the conditions set forth in Article 4 of Legislative Decree no. 198/2021.
For anything not expressly provided for in this Framework Agreement, the provisions of the Italian Civil Code, in the relevant sector legislation where applicable, as well as Legislative Decree 198/2021 and subsequent amendments shall apply.
[1] Pursuant to art. 2, co. 1, letter. l, “agricultural products and foodstuffs” shall mean “the products listed in Annex I to the Treaty on the Functioning of the European Union and products not listed in that Annex but processed for food use from the products listed in that Annex.”
[2] Pursuant to art. 2, paragraph 1, letter k, by “legal late payment interest” must be understood as interest at a rate that
Be equal to the reference rate, as defined in letter o) of the same art. 2, co. 1.