Essential terms and conditions for end use of products distributed by Comindex, S.A.

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1. Purpose and requirement for signature

The products distributed by Comindex, S.A., along with their replicas or by-products (hereinafter, the “Products”) may be subject to various restrictions arising from applicable regulations or the policies adopted by the manufacturers of those Products (“Restrictions”). For the purposes of ensuring the most stringent compliance with these Restrictions, as a client of Comindex you must sign this Declaration. We would ask you to read this document carefully and, if you wish to grant your concurrence, to agree to it by checking the box in the Client File form. You are reminded that acceptance of this Declaration is an essential prerequisite for engaging in commercial relations with our company and purchasing the Products. We appreciate your understanding and are at your full disposal should you require any clarification.

2. Identification of the declarant

The data set out in the Client File shall apply.

3. Supplier policies regarding Russia and Belarus

Owing to the current global geopolitical context, certain key suppliers of Comindex and Product manufacturers have decided to suspend their business operations with Russia, Belarus and Iran until further notice. As a result, Comindex and its clients, as the buyers and marketers/users of the Products, should not supply the Products whether directly or indirectly to the following final destinations: Russia, Belarus and Iran.

4. Legal restrictions

Notwithstanding the provisions outlined in Section [3] above, the Products may be subject to legal restrictions pursuant to regulations, including but not limited to the following:

 5. Declaration

By making this Declaration, the declarant hereby states and certifies that:

i.     The Products shall not be used either in full or in part in connection with:

a. Any nuclear explosive activity;

b. The development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or radiological weapons, or the development, production, maintenance or storage of missiles/other systems capable of delivering such weapons; and

c. The development, production, handling, operation, maintenance or storage of cluster munitions or anti-personnel mines, or violations of human rights.

ii.    The end user of the Products is not part of any armed forces or internal security forces.

iii.    The Products shall be used exclusively for civilian purposes.

iv.    The Products shall not be delivered, directly or indirectly, to the final destinations listed in Section 3 of this Declaration.

v.     All applicable legal restrictions and sanctions affecting the Products, including but not limited to those listed in Section 4, shall be respected.

vi.   The Products shall adhere to the usage limitations set out in point (i) above.

vii.   The Products shall only be transferred to a third party/company provided that they agree to the commitments set out in this Declaration as binding for them, and provided that the declarant is confident of their trustworthiness and reliability in adhering to these commitments.

viii. The Products shall not be delivered to any person or organisation listed on sanctions registers maintained by the EU, UK or US.

ix.   The Products shall not be sold, supplied, transferred or exported to any natural or legal person, entity or organisation located in the Crimea, Sevastopol, Donetsk and/or Luhansk regions.

x.    In the event of any breach of this Declaration, the Declarant shall indemnify and hold Comindex, the manufacturers from whom Comindex acquires the Products and any associated companies within their corporate group (the “Suppliers”) free from all liability for any claim, proceeding, action, fine, loss, cost and damages impacting the Suppliers and arising from or related to such a breach. The Declarant shall compensate the Suppliers for all losses and expenses arising, including any legal defence costs and any contingent fines or penalties imposed by the authorities.

xi.   By entering into a contract with Comindex, the Declarant expressly accepts the entirety of this Declaration as an integral part of the contract binding the Declarant and Comindex.

 

NOTE: Comindex reserves the right to require the Declarant to sign a new or amended declaration in the event of legal changes or at the request of the manufacturer of the Products.

 

  • EU Regulation 2021/821 concerning dual-use items
  • EU Regulation 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine
  • EU Regulation 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
  • EU Regulation 765/2006 on restrictive measures in light of the situation in Belarus and Belarus’ involvement in the Russian aggression against Ukraine
  • Applicable national laws and regulations
  • Depending on the nature or origin of the goods, other countries' (re)export control regulations may also apply.

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