(1) The recipient/contractual partner of UAB GAUDRE assures that goods supplied that fall under the scope of Article 12g Regulation (EU) 833/2014 or article 8g Regulation (EC) 765/2006, will not be sold, exported, or re-exported, either directly or indirectly, to the Russian Federation or Belarus or for use in the Russian Federation or Belarus.
(2) The recipient/contractual partner 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 recipient/contractual partner 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 contract and entitles UAB GAUDRE to terminate the supply relationship with immediate effect and to cancel orders already accepted without delay.
The recipient/contractual partner shall indemnify UAB GAUDRE from all costs, third-party claims, and other disadvantages (e.g., fines) resulting from the breach of an obligation under the paragraphs (1), (2), or (3).
This shall not apply if the recipient/contractual partner is not responsible for this breach of duty. Furthermore, UAB GAUDRE shall be entitled to demand a contractual penalty of 5% of the sales price of the goods sold in violation of the provisions of Article 12g Regulation (EU) 833/2014 or article 8g Regulation (EC) 765/2006. Any further claims for damages shall remain unaffected by this.
(5) The recipient/contractual partner shall immediately inform UAB GAUDRE 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 recipient/contractual partner shall make available to the UAB GAUDRE information concerning compliance with the obligations under paragraph (1), (2) and (3) within two weeks of the simple request of such information.
Informaciją apie (1), (2) ir (3) dalyse numatytų įsipareigojimų vykdymą gavėjas / sutarties partneris pateikia UAB „GAUDRĖ“ per dvi savaites nuo tokios informacijos laisvos formos prašymo.