Page 980 - GESSI - CATALOGO 2022
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GENERAL SALES CONDITIONS
4.4. In the event the Buyer does not raise any objection to the delivery and/or to the ordered Products according to the provisions
of the above Sections 4.2. and 4.3., such delivery and ordered Products shall be considered delivered in expected quantity and
quality, in a good shape, and the Buyer shall not be entitled to raise any further objections in that regard unless otherwise provided
for by applicable law. The above is without prejudice to the warranty obligations of Gessi. It is understood that neither these
General Conditions nor Gessi’s warranty shall prejudice any non-derogable guarantees provided by applicable laws.
4.5.The Parties agree that if the sale of the Products becomes restricted by the national regulations of the Buyer that Gessi cannot
control and unless the restriction is withdrawn, Gessi may refund the payment obtained for the Products that become or that the
Parties discover to be restricted, and/or give credit to the Buyer for the Products that are not restricted, subject to availability.
5. WARRANTIES OF GESSI
Gessi warrants that the Products will correspond with their technical specifications subject to such tolerances as are reasonable
and as are normally accepted in the trade and will be free from defects in material and workmanship at the time of delivery. The
detailed terms and conditions of the warranty are delivered with each product.
6. USE OF GESSI’S INTELLECTUAL PROPERTY RIGHTS BY THE BUYERS
6.1. The Buyer acknowledges that all copyrights, industrial designs, patents, trademarks, service marks, logos, commercial
names, trade names, domain names and/or slogans, whether registered or unregistered and all other intellectual property rights
protected under different jurisdictions (the “Intellectual Property Rights”) held or in any case operated by Gessi and/or by its
subsidiaries and affiliates are owned by or licensed to Gessi and/or its subsidiaries and affiliates, granting them an exclusive right
to use and benefit from such Intellectual Property Rights and the Buyer does not acquire any such rights hereunder.
6.2. During the Parties’ business relationship and after its end, the Buyer shall not produce the Products or any other products
similar to or imitating the Products or in any other way infringe the Gessi’ Intellectual Property Rights and/or act in any other way
to the detriment of the goodwill of Gessi.
6.3. The Buyer shall not use letterhead, calling cards, signage (also in the e-mail correspondence with clients and other third
parties) or other representations in the name of Gessi or any of its subsidiaries or to represent itself as Gessi or as a part of Gessi’s
team or as any of its subsidiaries without the express, written permission of Gessi.
6.4. The Buyer shall market, distribute and sell the Products only under the trademarks, logos, commercial names and other
distinctive signs (the “Trademarks”) of Gessi and not under any other Trademark. The Buyer shall not remove any Trademarks of
Gessi from the Products and/or their packaging without Gessi’s written consent. Any such removal, distortion and/or change of
the Trademarks of Gessi or technical data or labels delivered with the Products or otherwise provided by Gessi shall be considered
an infringement of the Intellectual Property Rights of Gessi.
6.5. It is understood and agreed by the Buyer that Gessi does not grant to the Buyer any licence to use the Trademarks of Gessi
or its other materials provided to the Buyer by Gessi otherwise than as necessary for the promotion of the Products and following
strictly the indications of Gessi.
6.6. The Buyer shall not alter any Trademarks or Products of Gessi without the latter’s prior written consent. The Buyer
acknowledges that if, during the effectiveness of this Agreement, changes to the Products, designs, Trademarks, promotional
materials and/or other Intellectual Property of Gessi become necessary, Gessi will remain, in any case, the exclusive owner of all
such modified Intellectual Property Rights.
6.7. The Buyer shall not attempt to register any of the Intellectual Property Rights of Gessi. Furthermore, the Buyer shall not
attempt to register or even use any other Trademarks or designs confusingly similar to the Intellectual Property Rights of Gessi
(also if they are not registered).
6.8. The Buyer shall conduct business in a manner that always reflects favourably on the Products and reputation of Gessi.
6.9. Any commercial use of the Intellectual Property Rights of Gessi by the Buyer other than strictly permitted under this
Agreement is prohibited.
6.10. The Buyer shall immediately report to Gessi any actual or potential infringements of the Intellectual Property rights of Gessi
and shall cooperate with Gessi in protecting such Intellectual Property Rights according to Gessi’s instructions.
6.11. Gessi may adopt selective forms of distribution that will first be agreed between the parties.
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