Agreement on compliance with export and import control regulations
|
between |
|
Alformet GmbH, Trinkbornstr. 10, 56281 Dörth ("Alformet") |
|
and |
|
Buyer |
|
(1) The Buyer shall comply with the applicable export and import control regulations of the Federal Republic of Germany, the European Union and the United States of America, as well as all other relevant regulations. In particular, the Buyer shall not sell, export or re-export, directly or indirectly, to the Russian Federation or Belarus, or for use in the Russian Federation or Belarus, any goods supplied under or in connection with the agreement between Alformet and the Buyer which fall within the scope of Article 12g of Council Regulation (EU) No 833/2014 or within the scope of Article 8g of Council Regulation (EU) No 765/2006. |
|
(2) The Buyer shall undertake its best efforts to ensure that the purpose of paragraph (1) is not frustrated by any third parties further down the commercial chain, including by possible resellers. |
|
(3) The Buyer shall set up and maintain an adequate monitoring mechanism to detect conduct by any third parties further down the commercial chain, including by possible resellers, that would frustrate the purpose of paragraph (1). |
|
(4) Any violation of paragraphs (1), (2) or (3) shall constitute a material breach of an essential element of the agreement between Alformet and the Buyer, and Alformet shall be entitled to seek appropriate remedies, including, but not limited to: (i) termination of the agreement with the Buyer; and (ii) payment to Alformet, for each case of culpable breach, of an appropriate penalty to be determined by Alformet and, in the event of a dispute as to its reasonableness, to be reviewed by the competent regional court (“Landgericht”). |
|
(5) The Buyer shall immediately inform Alformet about any problems in applying paragraphs (1), (2) or (3), including any relevant activities by third parties that could frustrate the purpose of paragraph (1). The Buyer shall make available to Alformet information concerning compliance with the obligations under paragraph (1), (2) and (3) within two weeks of the informal request of such information. |
Last Updated: August 2024