2. INFORMATION REGARDING THE COMPANY

IOF – International Olive Foundation c/o Balmer-Etienne AG Kauffmannweg 4 CH-6003 Lucerne [email protected]

www.international-olive-foundation.org

Independent Swiss Audit Body for Extra Virgin Olive Oil /19

GENERAL APPLICATION (Rev. 7, March 2020)

To obtain the «IOF Quality Guarantee Seal» for real extra virgin olive oils This data shall be treated confidentially and not passed on or made accessible to third parties.

1. CONTACT DETAILS 1.1 (Correspondence) address

Legal name of the company

Address

ZIP

Place

Telephone

E-mail

Internet

1.2 Company’s representative (enclose a copy of passport)

Name

First name

Date of birth

Resident in, since (xx.xx)

2. INFORMATION REGARDING THE COMPANY Form of enterprise Public limited company Limited liability company Proprietorship Agricultural business Association Cooperative other

Founding date

Capitalisation in € / $

Size of company 1-5 Number of employees 6-10 11-20 21-50 51-100 more than 100

Liable for taxation in

The company extracts olive oil with own oil mill extracts olive oil with foreign oil mill

extracts olive oil in an association is a pure bottling plant (doesn’t extract olive oil)


3. INFORMATION ABOUT PRODUCTION | TRADE 3.1 GENERAL 3.1.1 Your company produces extra virgin olive oil (evoo) virgin olive oil (voo) lampante olive oil (loo) olive oil (oo) «ripasso» crude olive-pomace oil (copo) refined olive oil (roo) refined olive-pomace oil (ropo) olive-pomace oil (opo) 3.1.2 Annual production volume in litres

extra virgin olive oil (evoo)

virgin olive oil (voo)

lampante olive oil (loo) olive oil (oo)

«ripasso» crude olive-pomace oil (copo)

refined olive oil (roo)

refined olive-pomace oil (ropo)

olive-pomace oil (opo)

3.1.3 Your company trades with extra virgin olive oil (evoo) virgin olive oil (voo) lampante olive oil (loo) olive oil (oo) «ripasso» crude olive-pomace oil (copo) refined olive oil (roo) refined olive-pomace oil (ropo) olive-pomace oil (opo) 3.1.4 Annual trading volume in litres



lampante olive oil (loo) olive oil (oo)






3.1.5 Storage capacity in litres



lampante olive oil (loo)

olive oil (oo)





3.1.6 Annual filling / bottling capacity in litres


virgin olive oil lampante olive oil

olive oil

«ripasso» crude olive-pomace oil

refined olive oil

refined olive-pomace oil

olive-pomace oil

3.1.7 Ø annual average selling price ex works for one litre in € (crop year 2018/2019)

bottled bulk




olive oil (oo)

«ripasso» crude olive-pomace oil (copo) refined olive oil (roo)



3.1.8 Does your company trade „bulk“? yes no (if yes, please specify below.)

we sell (litres) we buy (litres)




olive oil (oo)


refined olive oil (roo) refined olive-pomace oil (ropo)



3.1.9 Does your company buy or sell olives? yes no (if yes, please specify below.)

we sell (kg) we buy (kg)

from conventional production

from integrated production

from organic production

from biodynamic production

3.2 CERTIFICATES 3.2.1 Does your company sell certified yes olive oils, like PDO; PGI; Organic, no Biodynamic? 3.2.2 Which certificates does your company? PDO – Protected Designation of Origin have? PGI – Protected Geographical Indication (please enclose relevant certificates) Organic Farming Biodynamic Farming | Demeter QvExtra! international association EVA – Extra Virgin Alliance other 3.2.3 Does your company manufacture yes

in compliance with BRC, IFS, no FSSC, OHSAS, SA? 3.2.4 Which certificates does your company BRC have? IFS (please enclose relevant certificates) FSSC OHSAS SA 3.2.5 Is the production process of your yes company ISO certified? no 3.2.6 Which ISO certificates does your ISO 9001:2015 company have? ISO 22000:2005 (please enclose relevant certificates) ISO 22005:2007 ISO 14001:2015 other 3.2.7 Is the production of your company yes based on HACCP? no (please enclose relevant concept)


3.3 PRODUCTION OF VIRGIN OLIVE OILS (EVOO, VOO, LAMPANTE) 3.3.1 HARVEST 3.3.1.1 How does your company harvest? traditional, by hand with pneumatic, or electric system (comb) with mechanical vibrations (tree shaker) with automate harvester (over the row) 3.3.1.2 When does your company harvest? Northern Hemisphere September October November December January February March April May Southern Hemisphere February March April May June July August September 3.3.1.3 How does your company transport perforated crates – 20 kg harvested olives? plastic bags jute bags / sisal bags perforated plastic containers – 400 kg bulk – tractor trailer bulk – truck trailer other 3.3.1.4 How does your company store perforated crates – 20 kg harvested olives until extraction? plastic bags jute bags / sisal bags perforated plastic containers – 400 kg hoppers (please specify material type and capacity) steel, stainless kg steel, epoxy coated kg steel, uncoated kg other kg


3.3.1.5 How long does your company store < 2 hours the olives prior to their extraction? 2-4 hours 4-6 hours 6-12 hours 12-24 hours 24-36 hours 36-48 hours 48-72 hours > 72 hours 3.3.2 DRY CLEANING | WATER WASHING OF HARVESTED OLIVES 3.3.2.1 How and when does your company clean harvested olives? (please specify with «X»)

before storage before crushing dry cleaning (leaves, branches)

water washing (dust, dirt, stones)

no olives cleaning

3.3.3 EXTRACTION SYSTEM 3.3.3.1 Your company produces virgin olive modern extraction system – (2-phases) oils with? modern extraction system – (3-phases) modern extraction system – (modular) traditional methods other ________________


3.3.3.2 If your company extracts virgin olive oils with modern extraction system, please specify the brand(s) for each section of the production. (please specify with «X»)

Crusher Malaxer Decanter Separator

Alfa Laval

Amenduni

Andritz

Barracane

Clemente

De la Rosa

Flottweg

GEA-Westaflia

Haus

Hiller Marchisio

OMT

Pieralisi

Polat

TEM

Vitone

Other

3.3.3.3 Does your company use processing yes (if yes, please specify) aids | technologic adjuvants? talc calcium carbonate enzymes citric acid other no 3.3.3.4

Does your company extract the olive oil exclusively from olive oil or does your company also add other means / substances / products to the extraction?

solely from olives we add olive leaves grass grass liquid extract citrus fruits other ________________


3.3.3.5 Average yield of virgin olive oil in kg < 10 % per kg of olives (crop 2019/2020)? 10-11 % 11-12 % 12-13 % 13-14 % 14-15 % 15-16 % 16-17 % 17-18 % 18-19 % 19-20 % 20-21 % > 21 % 3.3.4 STORAGE 3.3.4.1 Does your company use phthalate free yes elastic hoses? no (if no, please specify where) 3.3.4.2 How does your company store the olive oil? (please specify with «X»)

ground level underground

stainless steel tanks

polymeric | plastic tanks

concrete tanks, stainless, epoxy or ceramic coating inside

other (please specify)

3.3.4.3 Does your company store the olive oil yes N2 Ar under protective gas? no 3.3.4.4 Does your company store the olive oil yes air-conditioned? no (please specify storage temperature) 3.3.5 FILTRATION 3.3.5.1 Does your company filter the olive oil? yes no 3.3.5.2 When does the filtration take place and which system is being used for it? (please specify with «X»)

after decanter

after separator

after tank sedimentation

before bottling

cartridge (stainless steel, bag)

gravity (cotton)

plates (paper)

automatic (diatomaceous earth)


3.3.6 CONDITIONING 3.3.6.1 How does your company bottle manual the olive oil? semi-automatic full-automatic 3.3.6.2 Which is the operating principle of weight your company’s bottling machine / line? volume 3.3.6.3 Does your company fill the head-space yes N2 Ar of containers (bottles, tins, etc.) with no protective gas? (if yes, please specify) 3.3.6.4 Does your company blend oils coming yes from different crop years? no (if yes, please specify crop years you blend) 3.3.6.5 Does your company blend oils coming yes from different countries? no (if yes, please specify countries) 3.3.6.6 Does your company blend oils coming yes from different regions within a country? no (if yes, please specify regions) 3.3.7 PACKAGING 3.3.7.1 Please specify the containers, which your company is using for bottling. (please specify with «X»)

dark transparent

glass bottles

iron tin

aluminium tin stainless steel tin

PET

squeezable plastic containers

bag-in-box

polylaminate (brick)

ceramic



3.3.7.2 Please specify the caps your company uses. (please specify with «X»)

non-refillable stopper open pourer

pilfer proof

DOP | guala system

synthetic cork

plastic

natural cork


bag-in-box

polylaminate (brick)

ceramic


3.3.7.3 What is the maximum shelf life from <6 months bottling date? 9 months 12 months 15 months 18 months 20 months 22 months 24 months >24 months 3.3.7.4 Does your company print chemical or yes organoleptic parameters on the front- no or back label? (if yes, please specify) 3.3.7.5 Does your company print health claims yes on the front- or back label? no (if yes, please specify)


4. APPLICATION FOR THE RECEIPT OF THE IOF GUARANTEE SEAL 4.1 MOTIVES 4.1.1 Why does your company apply for the IOF Quality Guarantee Seal? 4.1.2 Is the protection of the standard yes «extra virgin» important for no your company? 4.1.3 Does your company expect a benefit due yes to having the IOF Quality Guarantee no Seal on its products? (if yes, please specify below) 4.1.4 Where did your company hear IOF contacted your company about IOF? Food Safety Police television newspaper specialist journal facebook linkedIn retailer competitor other


5. AUDITING PROCEDURE: FROM THE APPLICATION TO THE SYSTEMATICAL FOLLOW-UP INSPECTION

5.1 REQUEST / APPLICATION REVIEW IOF – International Olive Foundation reviews the general application sent in once by the applicant for obtaining the IOF Quality Guarantee Seal. The general application is to be sent only once, filled in completely. The application needs to be reviewed and updated at least every five years. 5.2 DEMAND FOR PRODUCTION SAMPLES IOF – International Olive Foundation – after successfully approving the general application request

– asks to fill in the detailed product application form and requests for 6 (six) full sample bottles (for each tank which is asked to be sealed), each minimum 500 ml, to be sent to an address named by

IOF – International Olive Foundation. 5.3 EXAMINATION OF PRODUCTION SAMPLES

IOF – International Olive Foundation reviewed the handed in product application form as well as the handed in production samples organoleptically and if necessary chemically under the current terms of the regulation EU 2568/91 dated 11th July 1991 (as amended from time to time) as well as under the additionally defined criteria of IOF – International Olive Foundation (IOF Quality and Authenticity Standard). For quality safety reasons IOF – International Olive Foundation furthermore – besides the before mentioned examination procedure – undertakes a DNA analysis and an isotopic analysis of a fix defined percentage of the production samples. The samples which are being checked through NMR analysis are selected by a random generator.

5.4 CERTIFICATION

Following successful testing IOF – International Olive Foundation releases the extra virgin olive oil for sealing. The applicant than receives the correct amount of requested IOF Quality Guarantee Seals by courier as well as a written audit certificate and the IOF bottling report form by e-mail. The IOF certification is only valid for the tank volume indicated in the product application form.

5.5 BOTTLING REPORT

Due to quality control the applicant is obliged to fill in the IOF bottling report after bottling the IOF certified olive oil and to send this report through e-mail to IOF – International Olive Foundation.

5.6 SYSTEMATIC CHECK IOF – International Olive Foundation controlled and sealed olive oils are systematically being reviewed and checked by IOF – International Olive Foundation. IOF – International Olive Foundation can at any time – after advance notification – visit the contracting partner and take tests from defined storage places by the contracting partner and have them checked organoleptically, chemically and if necessary by NMR analysis. The contracting partner commits himself upon request of IOF – International Olive Foundation to provide information upon order papers, delivery – and customs documents. This has to take place within

5 days after the request of IOF – International Olive Foundation whereby 2 calendar weeks back are being reviewed. IOF – International Olive Foundation will take in cooperation with local authorities samples of sealed IOF products directly from the shelves where they are being stored and will have them checked organoleptically, chemically and if necessary with NMR analysis.


6. DECLARATION OF CONSENT 6.1 GENERAL IOF – International Olive Foundation reserves the right to dismiss the application without stating reasons and without any right to compensation on the part of the customer.

IOF – International Olive Foundation reserves the right to ask for further information and explanations from the applicant and to visit him if necessary after giving advance notification.

The applicant confirms with his signature the truthful information on this application form as well as having understood and accepted its contents.

6.2 APPLICATION FEE

The applicant declares that he will transfer € 450.00 to the account of IOF – International Olive Foundation (=examination fee) simultaneous with handing in the general application form to IOF – International Olive Foundation.

For the testing and examination procedure of the olive oil samples IOF – International Olive Foundation charges € 150.00 per lot / tank. 6.3 SEAL FEE

After the completion of all tests (sensory analysis through IOF accredited professional / official olive oil panels and through inter alia IOF-panel) the applicant receives the requested amount of IOF Quality Guarantee Seals by courier. The price per seal is fixed to € 0.15 and will be charged before dispatching the seals to the applicant. The applicant confirms and agrees on these terms and conditions with his legally valid signature.

Place Date Name, first name of the applicant Signature of the applicant


7. PAYMENT DETAILS 7.1 TRANSFER OF EXAMINATION FEE IOF – International Olive Foundation Credit Suisse (Schweiz) AG Paradeplatz 8 8070 Zürich Switzerland BIC | SWIFT CRESCHZZ80A IBAN CH84 0483 5131 8745 4200 0


8. TRANSMISSION OF APPLICATION TO IOF – INTERNATIONAL OLIVE FOUNDATION

Please transmit this application electronically – fully completed – to [email protected] or by letter post to IOF – International Olive Foundation c/o Balmer-Etienne AG Kauffmannweg 4 CH-6003 Luzern

mailto:[email protected]


9. CONFIRMATION | SIGNATURE APPLICATION FORM

For and of behalf of I / we herewith request the examination of the general application for obtaining the IOF Guarantee Seal and accept the GTCs as an integral part of this application. I / we hereby confirm that the above indications and the documentations produced are true and complete.

Place Date Name, first name of the applicant / company stamp Signature of the applicant


GENERAL TERMS AND CONDITIONS

IOF Quality Guarantee Seal application These General Terms and Conditions (GTC) govern the relationship between the applicant (hereinafter “the customer”) and IOF – International Olive Foundation (hereinafter “IOF”) inter-alia with regard to the use of the IOF Quality Guarantee Seal and the use of IOF trademarks. The German original takes precedence over these English versions. Provisions that differ from those set forth herein shall be binding only if agreed in writing by both parties. 1. Contracting parties 1.1 The customer can be a legal entity or a natural person. The rights and obligations towards IOF under this contract apply to the applicant even if the applicant is represented by third party like an agency or a by a wholesales company. 1.2 The transfer of rights from this contract by the customer to third parties, in particular the subleasing or transfer of IOF Quality Guarantee Seals to third parties, is not permitted. 1.3 IOF – International Olive Foundation may render its services directly or via third parties. 2. Area of validity / scope of contract These GTC govern all contracts concluded between the customer and IOF with regard to the use of the IOF Quality Guarantee Seal and the use of IOF trade marks. 2.1 Scope of contract: The contract between the customer and IOF governs the introduction of the IOF Quality Guarantee Seal by the customer on all kinds of containers for all kinds of olive oil as well as the use of IOF word and figurative mark or any parts of it. 2.2 IOF shall examine applications / requests, examine the handed in olive oil samples, provide the IOF Quality Guarantee Seal and rule the quality control of IOF certified extra virgin olive oils according to the terms of this contract and its appendices. 3. Conclusion of contract Principle The contract shall come into effect with the handed in general application form. 4. Rates/charges 4.1 The general application examination fee is determined to € 450.00, whereof € 150.00 will be returned to the applicant / customer in case of rejection of the application through IOF. 4.2 The fee for the examination of olive oil samples (per lot / tank) through IOF amounts to € 150.00. 4.3 The fee for the IOF Quality Guarantee Seal amounts to € 0.15 per seal, irrespective of the fact on which kind of containers the seal is being introduced. 4.4 Amendments may be made until the contract is concluded pursuant to

section 3. 4.5 Tariffs are based on fee per seal. If the customer’s request for seals exceeds the contractually agreed amount of seals, the customer will be charged for the effectively attained performance. The customer will be invoiced for any seal booked but not used / introduced on containers. 4.6 IOF must notify the customer in writing of any changes to price / fee and/or index adjustments at the latest six months before the definite introduction of new pricing will take place. If the customer does not terminate the contract, he / she will be deemed to have agreed to the price / fee change / index adjustment. 5. Terms of payment 5.1 As a rule, invoices are issued before: 5.1.1 the assessment of the general application form through IOF takes place. 5.1.2 the assessment of the handed in product application form and the assessment of the handed in olive oil samples take place. 5.1.3 the release and the dispatch of the IOF Quality Guarantee Seal take place. 5.2 If the advance payment is not received on time, IOF shall no longer be obliged to render its services. Nonetheless, the customer shall owe the agreed payment, subject to the withdrawal terms according to section 12. 5.3 The customer and IOF are entitled to make other arrangements in this regard. 5.4 Invoices are payable within 10 days of the invoice date. 6. Payment default/non-fulfilment of

the contract by the customer 6.1 If the customer falls into arrears, interest charges of 5% p.a. shall accrue, calculated from the due date, without a reminder having been issued. 6.2 If the customer defaults on intermediate payments, the entire amount invoiced for the full duration of the contract shall then become due for payment immediately, without a reminder having been issued. 6.3 IOF reserves the right to discontinue the IOF sealing service for the customer’s extra virgin olive oil without prior notice to the customer in the event of default. IOF seal costs for the contractually agreed amount of seals shall remain due. 6.4 In the event of non-fulfilment or partial fulfilment of the contract by the customer, IOF shall be entitled to issue a reminder with an extended grace period which, if unheeded, shall give IOF the right to withdraw immediately from the contract. In cases pursuant to sections 7.2, 9.7, 11.4 and 11.5 no reminder and no grace period extension shall be required. 6.5 In the event of such justifiable withdrawal, the customer shall owe

IOF the cost for the requested amount of seals and contractual charges as well as any consequential damages. 7. Content of IOF sealed containers

(bottles and other trading units) / use of the IOF Quality Guarantee Seal in accordance with the contract

7.1 The customer shall be the sole party responsible for the content of the containers (bottles or other trading units for olive oil) which are provided with an IOF Quality Guarantee Seal. In particular, the customer shall assure full compliance with federal, regional and provincial legal regulations, the IOF Quality and Authenticity parameters and these GTC. IOF does review a fixed defined percentage – chosen by random generator – of the IOF sealed olive oils after they have been successfully introduced into the market. IOF is entitled, in cases of doubt, to submit material to the competent authorities for appraisal and approval. In case of non-compliance with the rules, terms and requirements of IOF, IOF is entitled to recall already provided IOF Quality Guarantee Seals. Furthermore IOF shall be entitled to ask for a recall of non-compliant IOF sealed products from the shelves of the specific markets (e.g. supermarkets). IOF shall be entitled to refuse the execution of the contract without stating any further reasons and to withdraw from the contract without any right to compensation on the part of the customer. Should IOF be held liable for the content of third party olive oils which are IOF sealed as well as for the use of IOF word and figurative mark in part or full by third party, the customer must hold IOF harmless. 7.2 If the content of an IOF sealed container (bottles or other trading units) is partially or fully prohibited by the authorities or any other contractual partner (such as wholesales companies), or if an IOF sealed product cannot be implemented in the market due to an intervention by the authorities, due to non-compliance with the requirements of a supermarket chain or for technical reasons, IOF shall be entitled to refuse the execution of the contract without stating any further reasons and to withdraw from the contract without any right to compensation on the part of the customer. The same shall apply if IOF prohibits the introduction of the IOF Quality Guarantee Seal on trading units for olive oil due to non-compliance with the IOF contractually agreed requirements or for legal reasons. 7.3 The price and charges for the contractually agreed amount of IOF Quality Guarantee seals remain owed in full as set forth in the contract. The customer shall be liable to IOF for further damages, if any.


8. Handing in of the product application form

8.1 It is within the discretion of the customer when to hand in the filled in product application form. 8.2 Each product application form refers to one single extra virgin olive oil storage tank. In case of an application for more than one product, the customer is requested to hand in the appropriate quantity of product application forms. 8.3 Customer needs to send together with the product application form: 8.3.1 the result of chemical-physical analysis (see requested parameters on the product application form) of the specific oil as well as from the same product produced in the past three years / crops. 8.3.2 the result of organlopetic analysis (see requested parameters on the product application form) of the specific oil as well as from the same product produced in the past three years / crops. 8.4 IOF only accepts analysis carried out from governmental accredited laboratories, both for chemical and organoleptic analysis. 8.5 Product application form needs to be sent prior to the samples delivery to IOF. 9. Delivery of olive oil samples for

examination through IOF 9.1 IOF requests for the specific olive oil samples after the product application has been successfully reviewed. 9.2 The olive oil samples which are intended to send to IOF for the examination procedure shall be produced, bottled, packed and sent by the customer at its own cost and risk. 9.3 Customer shall use proper protective packaging material to avoid glass breakage and to avoid oxidation / anaerobic fermentation of the samples due to possibly high temperatures during transport. 9.4 Sample delivery shall contain per lot / tank at least 6 blinded bottles of 500 ml, each. 9.5 Samples need to be sent to an address named by IOF. 9.6 IOF should receive the samples at the latest fifteen days after the customer handed in the product application form. 9.7 IOF shall not be liable for damages compensation in the event of a delayed samples delivery. Nonetheless the customer is obliged to pay the whole amount as stated per product application form. 10. Assessment of the handed in olive

oil samples / release of seals 10.1 IOF controls the handed in olive oil samples and confirms the receipt of such by e-mail to the customer. 10.2 IOF sends one part of the samples to IOF accredited olive panels for the assessment according to the latest amendments of the regulation of the European Union (UE) No. 2568/91. 10.3 IOF sends samples internally in standardised proper protective packaging. 10.4 IOF is obliged to send samples only to IOF accredited olive oil panels.

10.5 IOF assesses the samples in addition to the assessment of the IOF accredited external sensory laboratory in the IOF olive oil panel. 10.6 After having all test results positively confirmed, IOF shall give a notification to the customer. 10.7 IOF shall invoice the agreed amount of IOF Quality Guarantee Seals. After the receipt of payment IOF shall send the contractually agreed amount of IOF Quality Guarantee Seals to the customer by courier as well as issuing the specific IOF certificate for the certified mass, the samples refer to. 10.8 In case of having negative test results, IOF requests for new samples from another mass / tank. 10.9 Unless otherwise agreed, from the first day of issuing the IOF certificate for the tested mass / tank onwards IOF shall be entitled to use customer’s word and figurative mark (logo) provided by the customer for presentations and documentary reports, and / or to publish them on its own website / facebook or linkedIn channel. 11. Improper performance/non- performance on the part of IOF 11.1 If IOF cannot fulfil, or completely fulfil, the contract due to an insufficient number of available IOF accredited panels (e.g. during crop periods) or any further reasons beyond the control of IOF, IOF shall continue the assessment / the sealing procedure as soon as the circumstances will have changed. The customer shall not be entitled to compensation or to damages of any kind. 11.2 If it is not possible to arrange the sealing procedure in a reasonable time, IOF reserves the right to reduce either the number of products to be sampled, to reject further samples or to charge back costs for the assessment of the already handed in samples. The customer shall not be entitled to compensation or damages of any kind (e.g. due to delivery delay; liability to third parties). 11.3 If, from the time of order confirmation until after the samples have been handed in, the assessment cannot take place at all or only in a limited manner due to natural causes, malicious acts by third parties, or other reasons beyond the control of IOF, the customer shall still be liable for sealing costs and charges, without entitlement to compensation or to damages of any kind. 11.4 If IOF sealed extra virgin olive oils cannot be delivered to a third party contracting partner in part or in full due to not meeting with the third party contracting partner’s requirements or to other reasons beyond IOF’s control (e.g. legal provisions, provisions set by the authorities or the third party contracting partner, actions of third parties), IOF shall not be liable. The customer shall still be bound to pay for the contractually agreed amount of IOF Quality Guarantee Seals. 11.5 If the customer encounters legal proceedings by third parties due to applying IOF seals on its trading units (e.g.

restrictions of other seal providers / quality organisations or any other reasons) IOF shall not be liable. The customer shall still be bound to pay for the contractually agreed amount of IOF Quality Guarantee Seals. 12. Withdrawal from the contract 12.1 The customer may withdraw from the contract after it has been concluded (as per section 3.1); the cost implications of such a withdrawal are specified below. The customer must notify IOF of the withdrawal in writing; the date applied will be the date of receipt of the information by IOF. 12.2 The following cost implications should be noted: - No cost implication upon withdrawal within five days handing in the product application form. - In case of a withdrawal after five days of handing in the product application form the customer is obliged to carry full costs according to his order stated in the product application form. 12.3 Partial withdrawals and rescheduling into subsequent periods shall be deemed withdrawals. 13. Liability 13.1 All claims of the customer shall be deemed and treated as waived and absolutely barred unless IOF receives written notification of the claim within 30 days of the date when the customer reasonably could have taken notice of the event. 13.2 IOF shall not be liable in contract or in tort or otherwise for any consequential or indirect damage or loss arising out of the performance or non-performance of any term of the contract, whether or not such loss or damage is foreseeable. 13.3 Under no circumstances whatsoever shall the Buyer’s liability exceed the difference between the market price and the contract price of the services rendered and shall in no case exceed EUR 15’000.00 (fifteen-thousand Euros). 13.4 IOF shall render the contractually agreed services exercising due care and using up–to-date and suitable resources under consideration of the instructions issued by the customer. 14. Assignment The customer shall not assign its rights under the contract unless IOF consents in writing (such consent not to be unreasonably withheld). The customer shall not be entitled to assign or delegate its obligations under the contract. 15. Use of IOF word and figurative

mark 15.1 The customer is allowed to use IOF word and figurative mark in a clearly restricted scope. 15.2 The IOF word and figurative mark is an elementary component of the IOF Quality Guarantee Seal. It is prohibited using the IOF Quality Guarantee Seals on other objects except on trading units – as stated in the bottling report – containing real extra virgin olive from the IOF


certified mass / tank. 15.3 It is prohibited to print the word and figurative mark of IOF in part or full on olive oil labels (neither on the front- nor on the back label). 15.4 Regardless of the medium it is prohibited to use the word an figurative mark of IOF in part or full in any kind of connection with any kind of other products than the real extra virgin olive oil from the certified mass / tank. 15.5 It is prohibited to use the word and figurative mark of IOF on the main site of the customer’s website if not the whole annual production volume is certified through IOF 15.6 It is strictly prohibited to reproduce or copy the IOF Quality Guarantee Seal. 15.7 Customers infringing these regulations will not only lose his/her IOF certification, but may also be held liable for damages compensation. 16. Confidentiality / privacy IOF shall treat the files it receives from the customer in a confidential manner. It uses such files exclusively for the conclusion and execution of the contract and within the scope of the customer relationship, subject to the exceptions stated in section 10.8.

17. Waivers No waiver by IOF of any right, power or remedy or of any provision of the contract shall be effective unless it is expressly made and reduced to writing. 18. Severability The invalidity, illegality or unenforceability of any one or more of the terms of the contract shall in no way affect or impair the validity, interpretation and enforceability of the other terms of the contract. 19. Correspondence / archiving 19.1 Unless otherwise agreed, IOF and the customer shall communicate in writing. 19.2 Messages communicated by the contractual parties via e-mail, fax, or FTP-server shall be deemed business correspondence. 19.3 The risk of loss or falsification of an electronically transmitted message shall remain with the customer until it is received by IOF’s data server. 19.4 If the electronic transmission of a message is interrupted or generates an error, the customer is obligated to repeat the transmission until it is successfully concluded or to send the message via other communication means. 19.5 If the customer receives a corrupted

message, he shall be obligated to inform IOF immediately. 20. Applicable law and place of

jurisdiction 20.1 This contract shall be governed by Swiss law. The place of jurisdiction shall be the location of the registered office of IOF. IOF is entitled to institute proceedings against the customer before the competent court at the domicile / place of business of the customer or before any other competent court. 20.2 The United Nations Convention on Contracts for the International Sale of Goods 1980 shall not apply to the contract. 20.3 The place of jurisdiction shall be the seat of the registered office of IOF. IOF is entitled to institute proceedings against the customer before the competent court at the domicile / place of business of the customer or before any other competent court. 21. Final provisions The present GTC supersede all previous GTC issued by IOF. IOF reserves the right to make changes to these GTC at any time. With the handing in of the general application form the customer accepts these GTC.

2. INFORMATION REGARDING THE COMPANY

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