GLOBAL SERVICES AGREEMENT SUPPLEMENTAL TERMS
Last updated September 30, 2024
These terms are part of the Global Services Agreement. Amazon may update these terms from time to time. Save a copy of this version as needed for your internal records.
LOCAL REQUIREMENTS FOR ITALY
These Local Requirements (“LR”) incorporate and modify the Agreement solely with respect to Products and Services provided by Vendor in Italy to an Amazon Affiliate in Italy. The parties agree to be bound by the terms of the Agreement (as supplemented and amended by the terms of these LR). These LR do not apply to Products and Services provided outside of Italy, or that are not provided by Vendor in Italy. Solely with respect to the provision of Products and Services in Italy, in the event of a conflict between the terms and conditions of these LR and the Agreement, the terms and conditions of these LR will control.
1. Governing Law; Venue. The Agreement is governed by Italian Law, excluding its conflicts of law provision. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement or any Work Order. Any dispute arising under, in connection with, or incident to this Agreement or about its interpretation will be resolved exclusively by the Courts of Milan, in Italy. Vendor irrevocably submits to those courts’ exclusive venue and jurisdiction. Vendor waives all defenses of lack of personal jurisdiction and forum non conveniens.
2. Health and Safety at Work.
Vendor shall carry out the Services and shall ensure that its personnel and any subcontractors carry out the Services in accordance with all laws, statutes, acts, regulations, codes, judgments, orders, directives or determinations applicable to the manufacture, supply, packaging, storage, sale, installation and use of the Vendor Furnished Materials and the provision of the Services including, without limitation, current European safety legislation (including subordinate legislation and European Community legislation to the extent it has direct effect in member states and including all necessary CE markings, as well as any implementation of such European legislation into Italian law—for example Legislative Decree 81/2008—to the extent applicable to each Work Order).
2.a. To such purpose, Amazon will provide to the Vendor information about the specific risks existing at the Sites and the Vendor will provide to Amazon information about the specific risks related to the Services. Furthermore each party (i) shall cooperate in order to implement the measures for the prevention and protection of risks at work affecting the performance of the Services specified in the Work Order and (ii) shall coordinate steps for the protection and prevention of risks to which workers are exposed.
2.b. The parties expressly acknowledge that, having carried out the cooperation and coordination as per article 26, paragraph 2, of Legislative Decree no. 81/2008, they will draft and attach to every Work Order performed under this Agreement as Exhibit B a Report on Cooperation and Coordination on Health and Safety in the Workplace, so called DUVRI, where the costs to adopt measures aimed at eliminating or, where that is not possible, reducing to a minimum the risks regarding health and safety in the workplace that derive from interference between the works, will be specified. Vendor agrees to review and sign the DUVRI document that will be attached to every Work Order performed under this Agreement as an Exhibit to the Work Order and Vendor further agrees to provide the cost of measures taken to eliminate (or if this is not possible, to minimize) risks for the health and safety at work arising from the interferences of the work.
2.c. Vendor represents and warrants to have all requirements of technical and professional suitability under Article 47 of Presidential Decree no. 445/2000 necessary to carry out the Services in accordance with Italian Legislative Decree 81/2008 (as subsequently modified from time to time) and undertook to maintain said requirements for the entire term of every Work Order performed under this Agreement. Further, Vendor agrees to provide to Amazon a copy of the Vendor’s certificate of registration to the competent Chamber of Commerce so as to verify Vendor’s technical and professional qualifications. Vendor shall, at its own cost, provide its personnel with training and all necessary safety equipment to ensure that they are qualified and able to perform the Services and to supply the Vendor Furnished Materials safely. Without prejudice to the generality of the foregoing:
2.c.i. all equipment and other tools are in a good and serviceable condition;
2.c.ii. each of its employees, agents and sub-contractors is trained in the use of all tools and equipment needed to perform the Work;
2.c.iii. it has put procedures in place to ensure that its employees, agents and subcontractors are able to understand and comply with oral and written instructions given by Amazon, which relate to health and safety;
2.c.iv. if requested by Amazon, its employees, agents and sub-contractors shall attend skills training, at Vendor's expense; and
2.c.v. it has put in place suitable precautions to prevent contact or injury.
2.c.vi. All Vendor’s workers and workers of any subcontractor have been provided with an identification badge (showing the photo and personal details of the worker and the company name of the employer) and have been instructed to show such a badge.
3. Definitions. The following definitions are added to the Agreement:
“Vendor Furnished Materials” means all of the parts, materials, components and other goods and items, other than those furnished by Amazon, that are delivered, installed or included by Vendor as part of the Services.