Omp Tea - Gamma Pavimento 02

Protection of personal data

We inform you that personal data that we acquire, which will be

asked to you or which will be communicated to us by third parties

will be processed according to the legislative regulations speci-

fied by Personal data protection Code, (“Codice per il trattamen-

to dei dati personali” D.Lgs. 196 of 30th June 2003).

Processing aim

– compulsory fulfilment of fiscal and book-keeping matters as

prescribed by law

– customer management

– cases management

Further aims, subject to specific agreement

– to provide information about our possible promotional activ-

ities

– to provide information about future commercial initiatives

and new products, services and offers both from our compa-

ny and affiliated and/or subsidiary companies and business

partners

Processing method

– automatic processing by computer

– manual processing on paper archives

Each processing is carried out according to the methods de-

scribed in art. 11, 31 and following of the a.m. Code and with the

minimum safety measures provided by the technical rule set (en-

closure B of the law mentioned)

Communication

Your data will be hold at the company headquarters and will

be communicated only to the relevant subjects, to carry out the

services necessary for proper working relationship management.

We guarantee that personal data will be protected. The subjects

Warranty conditions

1) TEA® hydro-sanitary water discharge systems are designed

and manufactured by OMP to convey, when correctly installed,

bath, kitchen, house-washers and dishwashers waste water to

the building drain piping. At the same time, they prevent any re-

turn of gases and insalubrious bad odours from sewers to the

house.

2) OMP warranty ends 12 months after product delivery. OMP

guarantees that their products have no design or manufacture

faults. Warranty does not cover:

– damage caused by incidents, negligence or product mis-

use including discharge of noxious, corrosive or toxic acids,

though accidental;

– damage caused by atmospheric phenomena - water, fire,

lightning, etc.;

– repairing of products resulting damaged or faulty after the

operation of unauthorized or unskilled personnel;

– repairing of products damaged during transport or by im-

proper installing, tampering, modifications, connection to in-

appropriate hydraulic systems;

– product installation.

3) Since OMP products with other products supplied by third

parties make up more complex hydro-sanitary systems, we spec-

ify that this warranty is only valid for systems realized in a work-

that can ask for personal data are:

– marketing office

– administration office

– our commercial network - agents

Your data may be communicated to people outside the compa-

ny, more specifically to:

– consultants and professionals even in associated form

– banks and credit institutes

– credit information centres

– companies working in the transport sector

– installers and/or private subjects interested in our products

who ask for dealers selling our products

Diffusion

Your data will not be diffused in any way

Owner

According to the law, the Owner of personal data processing is

OMP spa in the person of its legal representative

Access right to personal data and other rights

The person concerned can in any moment exercise the rights

provided for by art. 7 of the a.m. Code and ask to delete, commu-

nicate, update, rectify or integrate his/her personal data. Please

remember that if you do not want to receive any further commu-

nications or information/promotional material from us, you can

inform us as follows:

e-mail

privacy@omptea.com

fax

+39 0365 897940

manlike manner, in compliance with current regulations and by

specialized personnel who has to issue a conformity declaration

as required by Law 46/1990. Obviously, the above mentioned

warranty is not valid for the entire systems, but only for OMP

products.

4) Any claim is to be directed to OMP by recorded delivery letter

within eight days from fault detection; once both the claim and

the faulty piece – together with its components – have been re-

ceived, OMP and its technicians will carry out an investigation

gathering all necessary information to assess the claim legitima-

cy. Should the claim result legitimate, OMP will do its utmost to

solve the situation, should the reverse be true, the buyer will be

sent a communication indicating the reasons for claim refusal.

The case will then be closed.

5) The full text reported above represents the sole valid warran-

ty; nobody can modify its contents and terms, be it in verbal or

written form.

Seller’s general terms and conditions

1) Seller’s general terms and conditions, modifications

Buyer hereby agrees to be bound by the following Seller’s general terms and

conditions, the content of which it is fully aware. Any amendment to these

conditions shall be valid and in force only if specifically confirmed in writing

by the Seller; the validity of any amendment shall be limited to that order for

which it has been confirmed.

2) Orders’ acceptance

The order shall be deemed to be a Buyers’ irrevocable proposal, for a pe-

riod of 60 (sixty) days, and shall finalise the agreements arising out from

previous negotiations between parties. The required characteristics that

qualify the order are: price and payment conditions; characteristics of the

product; quantity; type of packaging; terms of return; means of transport,

delivery point; terms of delivery. The validity of the order shall be subjected

to the Seller’s acceptance, to be deemed occurred by confirmation in writing

directly by the Buyer or through its own agent or intermediary or by the

issuance of the related invoice or through the direct execution of the order.

If the Seller should not be able to deliver the product within the agreed time,

or if Seller should ascertain Buyer’s insolvency, the former shall be entitled

to negotiate the order’s a, on a new basis, until an agreement is reached.

Any amendment to the order subsequent to the execution of the agreement

shall be deemed as a new Buyer’s proposal.

3) Product

Seller has the right, at any time, to modify the products as it may be nec-

essary in order to accomplished with both Italian and EU law, as well as

to implement any other modification which, notwithstanding to the Buyer’s

technical specifications, does not affect the quality and usability of the

product. Seller warrants that the sold products are in compliance with the

specified characteristics. Buyer shall bear any risk and liability related to the

use of the products, whether they are used individually or in combination

with other products. The above warranty is granted exclusively to first-qual-

ity products. Moreover, except for death or personal injuries due to Seller’s

fraudulent or gross negligent behaviour, Seller shall not bear other losses,

damages or costs arising out of the supply, use or resale of the products.

In any case, Seller’s liability shall not exceed the value of the sold products,

except for any mandatory rule.

4) Packaging

The products shall be packed by the Seller at its own expenses. The stand-

ard packaging shall not include products beyond measure or special and

particular shipping; in such cases, the expenses thereof shall be charged to

the Buyer, unless otherwise agreed in writing.

5) Defective products. Modality of return

The Buyer shall verify the supplied products within 30 (thirty) days as from

the date when it has received them. After such period the Seller will not

accept any claim except from those defects that the Buyer proves to be in-

tervening defects. In any case, the complaint shall be notify in writing within

8 (eight) days from the discovery of the defects. For a period of 60 (sixty)

days from the date of the claim the contested products shall be kept at the

Seller’s disposal as well as of its assessors and of its insurance company’s

assessors that shall have the right to inspect and sample them. In any case,

the Buyer shall prove the contested defects. The Seller shall not accept re-

turned products without its prior and express approval. In any case, Seller

shall not accept returned product related to supplies that has been supplied

after 3 (three) months from the date of their delivery. The returned products

shall be delivered to the Seller free delivered to Bione, Brescia-Italy together

with their required documents. In case of ascertained defects of the prod-

ucts, Seller shall have the right, in any case, to decide either to substitute

them or grant a reduction on the price.

6)Delivery and Shipping

The terms of delivery shall be accounted in working days; the respect of

them is, in any case, subordinated to the material availability of labour sup-

ply and to the potential circumstances beyond the reasonable control of the

Seller. The Buyer shall never be entitled to terminate the agreement, reject

the supply or claim compensation for damages whatsoever, in the event of

delay in the delivery. The title and ownership of the sold products shall pass

to the Buyer at the time of the delivery of the products that shall take place

at the Seller’s premises in Bione, Brescia-Italy. Buyer shall be responsible for

the safekeeping of the sold product, pursuant to art. 2051of the Italian Civil

Code as from the date of its delivery at the Seller’s premises. Whether the

Buyer did not give precise instructions regarding the shipping and if it is

agreed that the burden of shipping is on the Seller, the latter shall have the

right to select the means of shipping that he deems to be more appropriate

by delivered ex quay unpaid. The Seller has the right to execute any order

by using one or more shipping. If the products are delivered in partial ship-

ments, each delivery is considered as a single and separate agreement; the

failure to execute one or more deliveries shall not entitle the Buyer to refuse

the performance of the whole agreement. The products shall be delivered

within 45 (forty-five) working days from the Seller’s order acceptance. Seller

shall be entitled to deliver the products before the contractually agreed de-

livery date, upon previous notification in writing to the Buyer. Seller shall not

be liable for possible delays regarding the agreed date due to intervening

circumstances that can not be attributed to the Seller. As a result of that,

Buyer is not entitle to terminate the agreement, reject the supply or claim

compensation for damages whatsoever, in the event of delay in the delivery.

Whether the Buyer neither accepts the delivered products on consignment

nor gives instructions about the delivery, Seller, without waiving any other

action, may:

– Store the products at Buyer’s expenses, including insurance costs, until

the delivery of the products will take place;

– Sell the products at the best workable price and after deducting storage

and sale costs charge the Buyer with the over cost or the difference with

respect the agreed price in the agreement.

If Buyer does not accept the partial delivery of the ordered products, Sell-

er shall have the right to postpone or cancel the sale, without giving prior

notice to the Buyer and without affecting the remaining part of the order.

If the Seller should not be able, due to any reason whatsoever, to perform

the entire order, it has the right to execute partial deliveries without being

considered in default. Seller shall not be liable for the delay in the delivery or

defaults in performing the contract originated directly or indirectly by caus-

es of force majeure such as strikes, fires, explosions, incidents, floods, riots,

revolutions, wars, acts accomplished or authorised by the governmental

authority, impossibility to obtain materials, fuel, energy, means of transpor-

tation, and any other event due to causes beyond the reasonable control

of the aggrieved party.

7) Payment conditions

The payment shall be fulfilled within 30 (thirty) days as from the end of the

invoicing month, or within any other date notified in writing to the Buyer.

Seller shall have the right to suspend and to cancel the supplies in the event

the Buyer does not fulfil, totally or partially, its payment obligation. Moreo-

ver, if the Seller does not receive the payment within the due date stated in

the invoice, it shall be entitled to issue a draft sight surcharged of expenses.

On the delays in the payments, it will be applied by the Seller interests on

arrears at the average bank discount rate surcharged of 3/5 plus expenses.

Seller shall have the right to modify at any time the list prices pursuant to

the trend of the market. In the price shall never be included any amount due

to duties, taxes, imposts and any other similar burden that shall be born by

the Buyer unless, where agreed, are deemed to be anticipated by the Seller.

The supply prices are not binding.

8) Minimum Order

Seller, besides the feasibility study, shall have the right to execute only those

orders which amount is not less than 250 euro.

9) Notices

Any notice to be given by either Party shall be in writing and sent to the reg-

istered office of the other Party, or to a different address, previously notified.

10) Jurisdiction

If a dispute arises regarding the validity, construction or performance of the

contract, the Parties agree that the Tribunal of Brescia shall have jurisdiction

on it with express exclusion of any other different court.

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