Privacy Statement for Customers - English

PRIVACY STATEMENT FOR THE CUSTOMERS 
BY VIRTUE OF ARTICLE 13 OF THE LEGISLATIVE DECREE NO. 196/2003 
(HEREINAFTER THE “PRIVACY CODE”) 

Our Company, TECNIPLAST S.p.A, with its registered office in Italy - Buguggiate (VA), Via 1° Maggio, no. 6, Holder of the Personal Data Processing, as provided for by article 13 of the Legislative Decree no.196/2003, herewith informs you about the following: 

1. Your personal data are made up of “common” data such as, for instance, personal identification data, economic and financial data, the company name, registered offices, bank references, IT references and telephone numbers. Your data may be processed for the hereafter following reasons: 
• performance of the Sales Contract; 
• performance of the related obligations of managerial, administrative and accounting nature; 
• performance of maintenance obligations; 
• performance of the legal obligations; 
• verifying the economic solvency by means of consulting public databases managed by authorised public entities as provided for by the TULPS (the Italian Public Security Consolidation Act, hereinafter TULPS); 
• Company security purposes so as to allow access to the Company premises; 
• IT Security purposes; 
• for statistic purposes related to the data concerning your economic activities, disclosed during the performance of the Contract, so as to optimize the commercial relations with the end user (prior data anonymisation); 
• possible defensive needs. 
2. The processing shall be carried out by means of manual and/or IT and electronic instruments, and anyhow suitable to guarantee the safety and confidentiality of the data. 
3. The communication of the data is optional, but their communication is anyhow necessary for the performance of the Sales Contract. 
4. Your data may be communicated / transferred to: 
• audit firms in compliance with the legal obligations of accounting and fiscal nature; 
• suppliers of products and/or services for the performance of the contract or for related obligations; 
• public contracting entities and other customers, for the certification of the technical and professional requirements, limited to the data concerning the execution of economic activities in compliance with article 24, paragraph 1, letter d); 
• Agents, for the performance of the contractual obligations; 
• the Administration, in compliance with the legal obligations; 
• bank institutions, and insurance companies so as to take part in tenders, 
• third parties, so as to ensure the exercise of the right of defence (law firms), or judicial Authorities, in compliance with orders issued by the latter.
5. The aforesaid Parties may perform their activities as autonomous Holders or (for instance Agents) as Managers or external Appointees for the processing of personal data. The before mentioned data may be communicated to third parties solely in case of need for purposes of prevention, assessment or repression of offences, in compliance with the regulations providing for this subject. 
6. Your data shall processed by the Data Managers and the persons in charge of the Commercial, Administrative, Logistic, Purchasing, Programming, Security, IT Systems, Group Services, Quality, Technical Office, Marketing and Manufacturing functions, each one according to its own competences. 
7. Your data may be transferred for promotional purposes of new products or for referencing purposes, also in Extra EU Countries. 
8. You shall have the right to exercise your rights towards the Holder of the processing in any and all moments, as provided for by article 7 of the Legislative Decree no. 196/2003, such as the rights to access, amend, integrate and cancel them as well as opt out of the processing in compliance with the legal provisions. You may exercise your rights by forwarding a communication to the Company Registered Office, in the attention of the Holder or the Data Manager of the management of the requests of the interested Parties, also by taking advantage of the e-mail address: privacy@tecniplast.it. Moreover, the updated and complete list of Data Managers by forwarding a written request to the Holder’s Registered Office.

Terms & Conditions

TECNIPLAST USA DELIVERY & INSTALLATION TERMS / CONDITIONS OF SALE

ORDERS: THE TERMS AND CONDITIONS CONTAINED HEREIN AND IN ALL OTHER DOCUMENTS REGARDING CONDITIONS, WARRANTY OR OTHERWISE PROVIDED BY TECNIPLAST USA, INC. (TUSA) (“STANDARD CONDITIONS”) SHALL APPLY TO ALL QUOTATIONS AND OFFERS MADE BY AND PURCHASE ORDERS ACCEPTED BY TUSA. ANY PURCHASE ORDER FOR TUSA PRODUCTS OR SERVICES IS ACCEPTED BY TUSA SUBJECT TO THE STANDARD CONDITIONS. ANY PROPOSED TERMS BY A PURCHASER WHICH ARE IN ADDITION TO OR IN CONFLICT WITH THE CONDITIONS ARE EXPRESSLY REJECTED BY TUSA.

GENERAL DEFINITIONS:

• UNION LABOR: UNLESS OTHERWISE REQUESTED OR SPECIFIED TUSA WILL BE USING NON-UNION LABOR

• NORMAL WORKING HOURS: ALL WORK WILL BE PERFORMED WITHIN THE NORMAL WORKING HOURS OF 8:00 AM TO 5:00 PM MONDAY THROUGH FRIDAY. HOLIDAY(S) OR OTHER WORKING HOUR(S) MUST BE PREAPPROVED IN WRITING AND ARE SUBJECT TO ADDITIONAL CHARGES TO THE PURCHASER.

DELIVERY:

EVERY EFFORT IS MADE TO ADHERE TO PURCHASER’S REQUESTED DELIVERY DATE REQUIREMENTS, HOWEVER, PURCHASER ACKNOWLEDGES THAT DELIVERY DATES SPECIFIED ON QUOTES, PURCHASE ORDERS AND OR CONTRACTS ARE SUBJECT TO CHANGE RESULTING FROM TUSA GLOBAL ENGINEERING AND DEVELOPMENT AS WELL AS PRODUCTION SCHEDULES.

• TUSA IS NOT RESPONSIBLE FOR DELIVERY DELAYS CAUSED BY DELAY IN RECEIPT OF FINAL SPECIFICATIONS AND OR RETURNED, SIGNED, APPROVED SUBMITTAL DRAWINGS FROM PURCHASER.

• TUSA IS NOT RESPONSIBLE FOR LOSS, DAMAGE OR THEFT CAUSED OR SUSTAINED IN TRANSIT. ANY CLAIM FOR SUCH DAMAGES MUST BE MADE BY PURCHASER AGAINST EQUIPMENT CARRIER. IF TUSA IS NOTIFIED IN WRITING OF SUCH CLAIMS TUSA WILL PROVIDE REASONABLE ASSISTANCE TO PURCHASER TO PURSUE SUCH CLAIM.

• UNLESS OTHERWISE STIPULATED OR AGREED, DELIVERY WILL BE MADE F.O.B. TUSA.

TITLE/RISK OF LOSS: TUSA SHALL SELECT METHOD AND CARRIER FOR DELIVERY OF ALL PRODUCTS. UNLESS OTHERWISE AGREE UPON IN WRITING BY TUSA. TITLE AND RISK OF LOSS OR LOSS SHALL PASS FROM TUSA TO PURCHASER UPON DELIVERY OF PRODUCT TO CARRIER AT POINT OF SHIPMENT

ENVIRONMENTAL AND SAFETY ISSUES:

• HAZARD COMMUNICATION: PURCHASER AGREES TO PROVIDE TUSA WITH INFORMATION AS TO ALL HAZARDS OR HAZARDOUS MATERIALS WHICH TUSA PERSONNEL MAY ENCOUNTER WHEN PERFORMING SERVICES FOR PURCHASER AND TO FAMILIARIZE TUSA, ITS EMPLOYEES AND CONTRACTORS WITH PURCHASER’S HAZARD COMMUNICATION PROGRAM. IF PURCHASER’S FACILITY HAS AN ASBESTOS MAINTENANCE PROGRAM THE APPLICABILITY OF THE PLAN TO TUSA's SERVICE MUST BE SPECIFICALLY POINTED OUT TO TUSA. PURCHASER, SHALL, AT ITS EXPENSE, ENSURE THE SAFETY OF THE WORK AREA AND TUSA'S EMPLOYEES AND SUBCONTRACTORS AND AGREES TO DEFEND, INDEMNIFY AND OR OTHERWISE HOLD HARMLESS TUSA, ITS EMPLOYEES AND ITS SUBCONTRACTORS FROM ANY CLAIMS, DEMANDS, LOSSES, LIABILITIES, FINES, PENALTIES, COSTS OR OTHER LIABILITY SUFFERED OR INCURRED AS A RESULT OF THE PURCHASER’S FAILURE TO DO SO.

• UNEXPECTED OR HAZARDOUS CONDITIONS: IF UNFORESEEN CONDITIONS ARE DISCOVERED WHICH MAY INCREASE TIME OR EXPENSE OF PERFORMANCE, TUSA SHALL BE ENTITLED TO ADDITIONAL COMPENSATION FOR THE EFFECTS OF SUCH UNFORESEEN CONDITIONS. IF AN AGREEMENT CANNOT BE REACHED, TUSA SHALL BE ENTITLED TO STOP WORK WITHOUT PENALTY AND PURCHASER SHALL BE RESPONSIBLE TO PAY TUSA FOR WORK PERFORMED AT STANDARD TUSA HOURLY RATES. IN NO CASE SHALL TUSA OR ANY OF ITS SUBCONTRACTORS BE RESPONSIBLE FOR THE REMOVAL OR ABATEMENT AND DISPOSAL OF ANY HAZARDOUS MATERIALS ENCOUNTERED.

PURCHASER RESPONSIBILITES AND SITE PREPARATION:

• REMOVE ANY AND ALL ASBESTOS OR OTHER HAZARDOUS MATERIALS FROM BUILDING AND SURROUNDING AREA.

• OBTAIN AND OR INCUR COST FOR ANY PERMITS, LICENSES, CERTIFICATIONS OR OTHER APPROVALS THAT MAY BE REQUIRED FOR INSTALLATION OR OPERATION OF THE EQUIPMENT BEING INSTALLED.

• PREPARE SITE FOR INSTALLATION INCLUDING WALLS, FLOOR, PITS, DRAINS, CEILING, BUILDING UTILITIES AND OR ANY AND ALL STRUCTURAL REQUIREMENTS.

• PREPARE SITE BY PROVIDING PROTECTIVE COVERING FOR FLOORING AND/OR OTHER SITE PROTECTIVE MEASURES DEEMED NECESSARY.

• PROVIDE SLAB, WALL, FLOORING, AND ANCHOR LOCATIONS TO ACCEPT SEISMIC ANCHORING TIE DOWN DEVICES AS SPECIFIED BY TUSA.

• INSTALL ANY AND ALL BUILDING EXHAUST AND HVAC SYSTEMS IN ACCORDANCE WITH TUSA PROVIDED SPECIFICATIONS ADEQUATE TO HANDLE HEAT GAIN.

• ASSURE THAT ALL DOOR OPENINGS HALLWAYS AREAS EN-ROUTE TO SITE OF INSTALLATION ARE FREE OF DEBRIS OR OTHER OBSTRUCTIONS.

• PROVIDE ALL UTILITIES (STEAM, WATER, DRAIN, COMPRESSED AIR, ELECTRICAL) IN ACCORDANCE WITH LOCAL, STATE, FEDERAL CODES AND TUSA'S DRAWINGS AND TECHNICAL SPECIFICATIONS WITH APPROPRIATE SHUT OFFS AND DISCONNECTS

• PROVIDE ADEQUATE REASONABLE LIGHTING AND VENTILATION TO THE WORK AREA.

• PROVIDE ADEQUATE SERVICE AREA FOR EQUIPMENT INSTALLED IN ACCORDANCE WITH TUSA RECOMMENDED DRAWINGS AND SPECIFICATIONS.

• PROVIDE ANY CORING/FIRE CAULKING, ETC. AS REQUIRED FOR BUILDING PENETRATIONS NEEDED TO COMPLETE A SATISFACTORY INSTALLATION.

PURCHASER RESPONSIBILITIES-RECEIVING:

• PROVIDE A LOADING DOCK WITH CAPACITY FOR NON-POWER TAILGATE DELIVERY.

• RECEIVE AND INSPECT EQUIPMENT AND IF NECESSARY MAKE ANY CLAIMS AGAINST CARRIER FOR ANY DAMAGE INCURRED.

• IF VERTICAL TRANSPORT IS REQUIRED PURCHASER SHALL BE RESPONSIBLE FOR ANY ADDITIONAL CHARGES.

• STORE EQUIPMENT IN WEATHER PROTECTED SECURE AREA INSIDE BUILDING OR DESIGNATED WAREHOUSE SPACE FOR FINAL INSTALLATION TUSA MUST HAVE AT LEAST TWO (2) WEEKS NOTICE TO PROCEED.

• UNLESS OTHERWISE AGREED IN WRITING, PURCHASER IS RESPONSIBLE FOR TRANSPORT OF EQUIPMENT TO DESIGNATED SITE OF INSTALLATION INCLUDING BUT NOT LIMITED TO RECEIVING, OFFLOADING, TRANSPORTING, AND SECURING.

• UNLESS OTHERWISE AGREED IN WRITING PURCHASER SHALL BE RESPONSIBLE FOR THE REMOVAL AND DISPOSAL OF ANY AND ALL PACKING MATERIALS INCLUDING WOODEN CRATES AND CARDBOARD.

• INSTALLATION CANCELLATION OR DELAY: SHOULD PURCHASER CANCEL OR DELAY INSTALLATION TUSA WILL CHARGE AN ADDITIONAL FEE EQUIVALENT TO 15% OF THE COST OF THE INSTALLATION IN ORDER TO ACCOMMODATE SUCH A CHANGE AND RESCHEDULE FOR A LATER DATE.

PURCHASER RESPONSIBILITIES-UTILITIES:

• EXHAUST:

• MUST PROVIDE PROPER SIZE, SCFM OR OTHER IN ACCORDANCE WITH SPECIFICATIONS.

• ANY WASHER EXHAUST PIPING MUST BE S/S (STAINLESS STEEL) WELDED AND WATERPROOF.

• WHEN VHP (VAPORIZED HYDROGEN PEROXIDE VAPOR) OR CHLORINE DIOXIDE GAS OPTION IS CHOSEN ON THE SPECIFIED EQUIPMENT PURCHASER MUST PROVIDE DEDICATED DUCTWORK THAT IS SAFE AND AS PER SPECIFICATIONS. TUSA IS NOT LIABLE FOR ANY DAMAGE OR INJURY CAUSED OR RELATED TO LEAKING GAS OR EXPOSURE DUE TO IMPROPER ADHERENCE TO DESIGN STANDARDS

• ELECTRICAL:

• MUST PROVIDE PROPER ELECTRICAL SUPPLY IN ACCORDANCE WITH SPECIFICATIONS I. DRAWINGS WITH LOCKING DISCONNECT SWITCHES AS REQUIRED BY LOCAL, STATE AND FEDERAL REGULATIONS.

TUSA SHALL HAVE NO RESPONSIBILITY FOR DELAYS, DAMAGE OR INCREASED COSTS RESULTING FROM THE FAILURE OF PURCHASER TO ADHERE TO THE ABOVE PURCHASER RESPONSIBILITIES.

COMMISSIONING: IF COMMISSIONING SERVICES ARE PURCHASED PLEASE SEE ATTACHED "COMMISSIONING DOCUMENT" FOR ADDITIONAL TERMS AND CONDITIONS.