Catalog Necta Vending 2025
Catalog Necta Vending 2025
2025
VENDING MACHINES
E.E.
MAESTRO TOUCH 4
MAESTRO 5
MAESTRO DUAL CUP 6
OPERA TOUCH 7
OPERA 9
CONCERTO TOUCH 11
COFFEE CONCERTO 12
VENDING BRIO TOUCH 13
MACHINES
BRIO 14
SOLISTA 15
ORCHESTRA TOUCH 17
ORCHESTRA 18
GUSTO 8 LIFT 20
SWING 21
SWING SL 23
TWIST 24
TANGO 25
MELODIA 26
VIVACE 27
SNACK VIVACE SL 29
& FOOD MINISNAKKY 30
MACHINES FESTIVAL 31
MAESTRO TOUCH
1830 mm
double espresso Espresso brewer
740 mm
1300 mm
EXE with door open
MDB
Cappuccino
Espresso espresso brewer Photocells
Chocolate
Product 2
Product 1
• Light in delivery bin Ø 71
Milk
Cups 165 ml
Canisters 7
Selections Unlimited
Sugar Wet
Accessories included Cups 5,5L 5,5L 2,5L 2,5L 4,5L 6L 2,5L 2,5L
• Vandal-safe coin
Double introduction kit
•
Caramel coffee
espresso Photocells
Coffee beans
Coffee beans
Vanilla coffee
Chocolate
Noisette
•
Decaf
4
COFFEE&VENDING
SNACK FOOD MACHINES
MACHINES
MAESTRO
1830 mm
Espresso espresso brewer 760 mm
1320 mm
EXE with door open
MDB
Accessories
962521 VANDAL-SAFE COIN INTRODUCTION KIT 79 e
962508 SELF-SETTING BLADES REGULATION KIT DOUBLE 137 e
ESPRESSO
962519 PHOTOCELLS KIT 137 e
962524 HOT WATER KIT 106 e
960469 WATER SELF FEEDING KIT 20 L 185 e
962514 WATER SELF FEEDING KIT 2 X 20 L 211 e
Cups Accessories included Cups 15L 6L 4,5L 2,5L 4,5L 4,5L 4,5L
Canisters 8
Selections 20 • Vandal-safe coin
Stirrers 950 introduction kit
•
Coffee beans
Photocells
Chocolate
Product 4
Product 2
Product 3
Product 1
•
Milk
Stirrers
90 mm
5
COFFEE VENDING MACHINES
1830 mm
double espresso espresso brewer dispenser
760 mm
1320 mm
EXE with door open
MDB
Accessories
962521 VANDAL-SAFE COIN INTRODUCTION KIT 79 e
962508 SELF-SETTING BLADES REGULATION KIT DOUBLE 137 e
ESPRESSO
962519 PHOTOCELLS KIT 137 e
962524 HOT WATER KIT 106 e
960469 WATER SELF FEEDING KIT 20 L 185 e
962514 WATER SELF FEEDING KIT 2 X 20 L 211 e
• Vandal-safe coin
Single Z 4000 L introduction kit
Espresso espresso brewer •
Decaffeinated
Photocells
Coffee beans
Chocolate
Product 2
Product 3
Product 1
Ø 81 Ø71
Cups 450+500 250 ml 165 ml
Canisters 8
Selections 20 Stirrers
Stirrers 950
115 + 90 mm
6
COFFEE VENDING MACHINES
OPERA TOUCH
1830 mm
double espresso espresso brewer 760 mm
1250 mm
EXE with door open
MDB
Accessories
962706 SELF-SETTING BLADES REGULATION KIT FOR DOUBLE 185 e
ESPRESSO
962703 SELF-SETTING BLADES REGULATION KIT FOR SINGLE 111 e
ESPRESSO
962702 CUP + LIGHT SENSOR KIT 269 e
960469 WATER SELF FEEDING KIT 20 L 185 e
962514 WATER SELF FEEDING KIT 2 X 20 L 211 e
962705 12 OZ KIT 227 e
960174 COOLING UNIT KIT 1377 e
Vanilla coffee
Chocolate
Soup
Milk
Tea
Cups 620 Ø 71
165 ml
Canisters 8
Selections unlimited
Stirrers
Stirrers 550
90 mm
Dec 2,5L
affein
ated
Coffee beans
Chocolate
Instant 2
Instant
Milk
Ø 81
Cups 620 250 ml
Canisters 8
Selections unlimited Stirrers
Stirrers 550 115 mm
7
Opera Touch MultiCup 968137 8.650 €
Cups
Accessories included 11L 4,5L 6L 4,5L 2,5L 2,5L
• Vandal-safe coin
introduction
2 boilers • Self setting blades
Coffee beans
Coffee beans
Lemon Tea
Chocolate
Ginseng
Barley
Milk
3 X Ø 71 2 X Ø 57
Cups 350 Ø 57 165 ml 100 ml
430 Ø 70
Canisters 9 Stirrers
Selections unlimited
90 mm
Stirrers 550
1,8L
Dec
affein
ated
8
COFFEE VENDING MACHINES
OPERA
1830 mm
double espresso espresso brewer 740 mm
1250 mm
EXE with door open
MDB
Accessories
962706 SELF-SETTING BLADES REGULATION KIT FOR DOUBLE 185 e
ESPRESSO
962703 SELF-SETTING BLADES REGULATION KIT FOR SINGLE 111 e
ESPRESSO
962702 CUP + LIGHT SENSOR KIT 269 e
960469 WATER SELF FEEDING KIT 20 L 185 e
• Vandal-safe coin
introduction
Single
Espresso • Self setting blades
Coffee beans
Lemon Tea
Chocolate
Ginseng
Barley
Milk
Ø 71
165 ml
Cups 620
Canisters 8 Stirrers
Selections 18 90 mm
Stirrers 550
Dec 1,8L
affein
ated
• Vandal-safe coin
introduction
Double
espresso • Self setting blades
Coffee beans
Coffee beans
Lemon tea
Chocolate
Ginseng
Barley
Milk
Ø 71
165 ml
Cups 620
Canisters 9 Stirrers
Selections 18 90 mm
Stirrers 550
Dec 1,8L
affein
ated
9
Opera Espresso 7 968035 5.370 €
• Vandal-safe coin
Single Z 4000 L introduction
Espresso espresso brewer • Self setting blades
Coffee beans
Chocolate
Saoup
Sugar
Milk
Tea
Ø 81
250 ml
Cups 360
Canisters 7
Selections 18 Stirrers
Stirrers 550 115 mm
10
COFFEE VENDING MACHINES
CONCERTO TOUCH
1700 mm
double espresso espresso brewer 740 mm
1250 mm
EXE with door open
MDB
Accessories
962702 CUP + LIGHT SENSOR KIT 269 e
960469 WATER SELF FEEDING KIT 20 L 185 e
960174 KIT COOLING UNIT 1377 e
• Vandal-safe coin
Single introduction
Espresso • Self setting blades
Decaffeinated
Coffee beans
Lemon tea
Chocolate
Barley
Milk
Ø 71
Cups 500 165 ml
Canisters 7
Selections 60 Stirrers
Stirrers 450 90 mm
• Vandal-safe coin
Double introduction
2 boilers • Self setting blades
espresso
Decaffeinated
Coffee beans
Coffee beans
Lemon tea
Chocolate
Barley
Milk
3 X Ø 71 2 X Ø 57
165 ml 100 ml
Cups 280 Ø 57
380 Ø 70 Stirrers
Canisters 8 90 mm
Selections 60
Stirrers 450
11
COFFEE VENDING MACHINES
CONCERTO
1700 mm
double espresso so brewer 740 mm
1250 mm
EXE with door open
MDB
Accessories
960174 COOLING UNIT KIT 1377 e
962702 CUP + LIGHT SENSOR KIT 269 e
960469 WATER SELF FEEDING KIT 20 L 185 e
• Vandal-safe coin
introduction
Single
• Self setting blades
Decaffeinated
Espresso
Coffee beans
Lemon tea
Chocolate
Barley
Milk
Ø 71
165 ml
Cups 500
Canisters 7 Stirrers
Selections 18 90 mm
Stirrers 450
• Vandal-safe coin
introduction
Double
• Self setting blades
Decaffeinated
espresso
Coffee beans
Coffee beans
Lemon tea
Chocolate
Barley
Milk
Ø 71
165 ml
Cups 500
Canisters 8 Stirrers
Selections 18 90 mm
Stirrers 450
12
COFFEE VENDING MACHINES
BRIO TOUCH
760 mm
660 mm
1160 mm
EXE with door open
MDB
Accessories
Lemon tea
Milk
Ø 71
165 ml
Stirrers
115 + 105 + 90 mm
13
COFFEE VENDING MACHINES
BRIO
760 mm
660 mm
1160 mm
EXE with door open
MDB
Accessories
Choccolate
Lemon tea
Milk
Ø 71
165 ml
Stirrers
115 + 105 + 90 mm
14
COFFEE VENDING MACHINES
SOLISTA
750 mm
Espresso espresso brewer 564 mm
855 mm
EXE with door open
MDB
Accessories
962254 PAYMENT KIT EXE - MDB 74 e
962251 EQUIPPED BASE CABINET SILVER / BLACK 290 e
962252 EQUIPPED BASE CABINET BLACK / BLACK 317 e
962260 STANDARD BASE CABINET SILVER / SILVER 248 e
962255 WATER SELF FEEDING KIT 20L 121 e
962256 PAYMENT MODULE 317 e
962253 MASTER SLAVE KIT SOLISTA / MINISNAKKY 74 e
962275 KIT BLUERED SOLISTA 142 e
962258 EQUIPPED BASE CABINET SILVER / COIN MECHANISM 438 e
Lemon tea
Chocolate
Barley
Milk
Ø 71
165 ml
Stirrers
90 mm
Lemon tea
Chocolate
Milk
Cups 200 Ø 71
Canisters 5 165 ml
Selections 9
Stirrers 180 Stirrers
90 mm
15
SNACK& FOOD
MACHINES
16
SNACK & FOOD MACHINES
ORCHESTRA TOUCH
1830 mm
compartments Full HD 790 mm
1495 mm
EXE with door open
MDB
Accessories
962521 VANDAL-SAFE COIN INTRODUCTION KIT 79 e
963408 PHOTOCELLS KIT 232 e
963409 WALL FIXING BRACKETS KIT 32 e
Accessories included
• Vandal-safe coin
introduction Energy rating 8 8 8 8 11 13 13 11 11
Visioshop Softvend lift
Tray • Electronic tray labels
• Softvend lift
• Light in delivery bin
11 11 11 11 15 15 13 13 13 13
• Photocells
Selections 53 • Lock delivery bin 6 6 6 6
Snack 257
Food 113
Bottles 48 6 6 11
1111 11 11 11 11 11
Cans 48
Capacity 466
Trays 7 6 6 6 6 6 6 6 6
Temperature 6 6 6 6 6 6 6 6
Food Area 0-4°C
Snack Area 8-15°C
Softvend
Bottles and
Cans Area 5-8°C Snack Food Bottles Cans
257 113 48 48
17
SNACK & FOOD MACHINES
ORCHESTRA
1830 mm
compartments 790 mm
1495 mm
EXE porta aperta
MDB
Accessories
962521 VANDAL-SAFE COIN INTRODUCTION KIT 79 e
963408 PHOTOCELLS KIT 232 e
963409 WALL FIXING BRACKETS KIT 32 e
Temperature 11 11 11 15 15 13 13 13 13
Food Area 0-4°C
Snack Area 8-15°C
Bottles and
cans area 5-8°C 6 6 6 6 6 6 6 6
Energy rating
6 6 6 6 6 6 6 6
6 6 6 6 6 6 6 6
310 96 48
18
Orchestra Food 6-48 9E0063 6.130 €
8 8 8 8 8
Selections 48 Accessories included
Snack 271
Bottles 96
• Vandal-safe coin
introduction 8 8 10 10 13 13 13 11 11
Cans 48
Visioshop • Photocells
Tray • Electronic tray labels
Capacity 415 13
13 13 13 15 15 13 13 13 13
Trays 6
Temperature
Food Area 0-4°C 6 6 6 6 6 6 6 6
Snack Area 8-15°C
Bottles and
cans area 5-8°C
6 6 6 6 6 6 6 6
Energy rating
6 6 6 6 6 6 6 6
310 96 48
Accessories included
• Vandal-safe coin
8
Visioshop introduction 8 8 8 11 13 13 11 11
Capacity 466
Trays 7 6 6 6 6 6 6 6 6
Temperature 6 6 6 6 6 6 6 6
Food Area 0-4°C
Snack Area 8-15°C
Bottles and Snack Food Bottles Cans
Cans Area 5-8°C
257 113 48 48
19
SNACK & FOOD MACHINES
GUSTO 8 LIFT
DOUBLE
GLAZED
1830 mm
compartments 793 mm
1495 mm
EXE with door open
MDB
Accessories
Temperature
6 6 6 6 6 6 6 6
Snack Area 8-15°C
Food Area 5-8°C
6 6 6 6 6 6 6 6
40
20
SNACK & FOOD MACHINES
SWING
DOUBLE
GLAZED EXE
MDB
1830 mm
elements temperature compatibilities
compartments 793 mm
1495 mm
with door open
Accessories
963409 WALL FIXING BRACKETS KIT 32 e
963408 PHOTOCELLS KIT 232 e
11 11 11 15 15 13 13 13
6 6 6 6 6 6 6 6
6 6 6 6 6 6 6 6
6 6 6 6 6 6 6 6
246 96 48
21
Swing Food 7-48 (R290) 9F0202 5.520 €
Selections 48 Accessories included 8 8 8 8
Snack 24
Food 8
• Vandal-safe coin
introduction
Bottles 16 8 8 8 8
• Photocells Energy rating
Capacity 390
• Rolling prices
Trays 7 11 11 11 11 11 11 11 11
Temperature
Food Area 0-4°C 13 13 13 13 13 13 13 13
Snack Area 8-15°C
6 6 6 6 6 6 6 6
6 6 6 6 6 6 6 6
6 6 6 6 6 6 6 6
246 96 48
Capacity 360
• Rolling prices
Trays 6 13 13 13 13 13 13 13 13
Temperature
Snack Area 8-15°C
6 6 6 6 6 6 6 6
Food Area 0-4°C
6 6 6 6 6 6 6 6
6 6 6 6 6 6 6 6
216 96 48
22
SNACK & FOOD MACHINES
SWING SL
DOUBLE
GLAZED
Up to 2 Slave Door
1830 mm
temperature Mode 793 mm
compartments
260 kg 500 W
767 mm
Accessories
963408 PHOTOCELLS KIT 232 e
963409 WALL FIXING BRACKETS KIT 32 e
962707 KIT TOUCH KEYPAD 95 e
Capacity 360 13 13 13 13 13 13 13 13
Trays 6
Temperature
Snack Area 8-15°C 6 6 6 6 6 6 6 6
6 6 6 6 6 6 6 6
6 6 6 6 6 6 6 6
216 96 48
23
SNACK & FOOD MACHINES
TWIST
DOUBLE EXE
MDB
GLAZED
Up to 2 Door Protocol
1830 mm
temperature compatibilities 874 mm
compartments
1358 mm
with door open
Accessories
963408 PHOTOCELLS KIT 232 e
Capacity 302
• Rolling prices
Trays 7
15 15 11 11 8 8
Temperature
Food Area 0-4°C
Snack Area 8-15°C 13 13 13 13 13 13
6 6 6 6 6 6
6 6 6 6 6 6
6 6 6 6 6 6
Snack Food
194 108
24
SNACK & FOOD MACHINES
TANGO R290
DOUBLE
GLAZED
1830 mm
elements compartments 793 mm
1495 mm
EXE with door open
MDB
Accessories
963408 PHOTOCELLS 232 e
963409 WALL FIXING BRACKETS KIT 32 e
Temperature
Food Area 0-4°C 6 6 6 6 6 6 6 6
Snack Area 8-15°C
6 6 6 6 6 6 6 6
216 96 48
25
SNACK & FOOD MACHINES
MELODIA R290
DOUBLE
GLAZED
Vandal-safe Up to 3 Door
1700 mm
elements temperature
compartments 813 mm
1358 mm
EXE with door open
MDB
Accessories
963408 PHOTOCELLS KIT 232 e
964465 KIT TRAY SANDWICHES 443 e
964466 RISE KIT MELODIA 158 e
964469 BIDIRECTIONAL ENGINE KIT MELODIA - SNAKKY 121 e
Capacity 264
• Block delivery bin
Trays 6
• Rolling prices 10 10 10 10 10 10
Temperature
Food Area 0-4°C
6 6 6 6 6 6
Snack Area 8-15°C
6 6 6 6 6 6
156 72 36
26
SNACK & FOOD MACHINES
VIVACE
DOPPIO EXE
MDB
VETRO
LAMINATO
1700 mm
elements temperature
compartments 874 mm
1358 mm
with door open
Accessories
963408 PHOTOCELLS KIT 232 e
964465 SANDWICH TRAY KIT MELODIA 443 e
964466 RISE KIT MELODIA 158 e
964469 BIDIRECTIONAL ENGINE KIT 121 e
Temperature
Snack Area 8-15°C
6 6 6 6 6 6
Bottles and
Cans Area 5-8°C
6 6 6 6 6 6
6 6 6 6 6 6
126 72 36
27
Vivace Top Food R290 6-33 9F0500 5.085 €
8 8 8
Selections 33 Accessori di serie
Snack 33
• Vandal-safe coin
introduction
Capacity 264 Energy rating
Trays 6
• Photocells
13 13 13 11 11 11
6 6 6 6 6 6
Snack
6 6 6 6 6 6
264
28
SNACK & FOOD MACHINES
VIVACE SL
DOUBLE
GLAZED
Up to 3 Slave Door
temperature Mode
compartments 813 mm
1700 mm
1358 mm
with door open
Accessories
963408 PHOTOCELLS KIT 232 e
964465 SANDWICH TRAY KIT MELODIA 443 e
964466 RISE KIT MELODIA 158 e
964469 BIDIRECTIONAL ENGINE KIT 121 e
964468 RISE KIT MELODIA SL 158 e
962707 TOUCH KEYBOARD CONNECTION KIT 95 e
6 6 6 6 6 6
Snack Food
126 108
SNACK & FOOD MACHINES
MINISNAKKY
DOUBLE
GLAZED
Slave Door
1080 mm
Mode 935 mm
125 kg 250 W
580 mm
Accessories
963408 PHOTOCELLS KIT 232 e
963120 FIXING KIT FOR SNAKKY / SL + BRIO 58 e
962707 KIT TOUCH KEYPAD 95 e
Capacity 198
Trays 4
19 19 19 13 13 13
6 6 6 6 6 6
126 36 36
30
SNACK & FOOD MACHINES
FESTIVAL
DOUBLE EXE
MDB
GLAZED
Door Protocol
compatibilities
320 kg 950 W
1830 mm
895 mm
1630 mm
with door open
Festival Classic
850 mm
31
MASTER / SLAVE BANKS KIT
32
COMPLEMENTARY SOLUTIONS
Evoca has always paid special attention to the completeness of its product range.
The goal is always to offer useful and farefront tools.
UPKEY
958553 UPKEY 4 MB 47 e
969039 UPKEY P.C. CONNECTION USB 179 e
KIT RIELDA
959906 KIT RIELDA RS1 10 KEYS AE045C 132 e
959908 KIT RIELDA RS1 10 KEYS CUSTOMER CODE 132 e
959907 KIT RIELDA RS1 CUSTOMER CODE 10 STD KEYS+2 153 e
GOLD+1BLACK+INSTRUCTIONS
959905 KIT RIELDA RS1 NEW CODE 10 STD KEYS+2 GOLD+1 153 e
BLACK+INSTRUCTIONS
977703 20 SILVER KEYS FOR RIELDA LOCK 4000 95 e
959817 20 KEYS + 2GOLD + 1 BLACK CUSTOMER CODING 95 e
957733 20 SILVER KEYS KIT FOR RIELDA LOCK WITH STD CODING “AE045C” 90 e
957734 20 KEYS KIT FOR RIELDA LOCK WITH NEW CODING + 2GOLD + 90 e
1BLACK
33
CERTIFICATIONS
- l(* )Net -
CISQ is a member of
***
THE !NTERNATIONALCEATIFICATION NETWORK
www. iq net-certification. com
IQNet, the assoclatian of the world's first class
certification bodies, is the largest provider of management
System Certlfication in the worfd.
www.imq.it JQNet is composed of more than 30 bodies and counts
aver 150 subsfdiaries al/ aver the g/obe.
ALLEGATO N. 9130.ZAVE-1
ANNEXN.
EVOCA SPA
VIA ROMA 24 - 24030 VALBREMBO (BG)
Attività:
Activities:
E
IMQ S.p.A. - VIA QUINTILIANO, 43 - 20138 MILANO ITALY
Management Systems Division - Flavio Ornago
�ç.S�lç>J� �
SGQ N ° 005 A
11 presente documento integra il certificato n. 9130.ZAVE
This document is a part of certificate n. 9130.ZA VE
IAF: 19, 18
�IMQ
www.cisq.com
MembrodegllAccordidiMutuo
La validità del certificato è subordinata a sorveglianza annuale e riesame completo
Riconoscimento EA, IAF e 11..AC CISQ è la Federazione Italiana di Organismi di
S1gnatory of EA, IAF and llAC del Sistema di Gestione con periodicità triennale Organismo dì Certificazione Federato CISQ
Murual Recogntrion Af}rt!t!mtnrs The �aUdity ofthe cerlirica1e 1s submitted to armual audi1 and a reassessmen1 www.imq.it Certificazione dei sistemi di gestione aziendale.
of the enllre management System wllhln lhru years
CISQ is the Jtafian Federation of management
system Certificatlon Bodies.
GREENER BY NATURE
EVOCA is at the forefront of environmental awareness
thanks to “green features” such as: Coffee Vending Machines
• Low power consumption LEDs & SNACK & FOOD MACHINES
• High efficiency cooling unit fully comply with the European RoHs regulation that limits
• Highly insulated cabinet the use of dangerous materials.
• Energy saving option in the software
The ISO 14001 environmental certification gained in 1997 is
leading the actions of the Group in this field.
34
GENERAL CONDITIONS OF SALE
OF EVOCA S.P.A. JANUARY 2025
1 8
SCOPE FORCE MAJEURE
These general conditions of sale (the “General Conditions”) apply to and form an integral part of: Either party shall not be liable for any failure or delay in performance if such failure or delay results, as to the
i) all quotations and offers made by EVOCA Spa, with registered office in Via Roma no. 24, Company, from interruptions in the Product manufacturing process or, as to both parties, by Force Majeure
Valbrembo, Italy, number of registration with the Companies Register of Bergamo 05035600963 or as defined below and/or by the applicable law.
SaGa Coffee S.p.A., with registered office in Via Roma no. 24, Valbrembo, Italy, number of registration “Force Majeure” means the occurrence of an event or circumstance (“Event of Force Majeure”) that prevents or
with the Companies Register of Bergamo 10338620155 (each individually the “Company”) to the Buyer (as impedes a party from performing one or more of its contractual obligations under the Contract, if and to the extent
identified below); that that party proves: [a] that such impediment is beyond its reasonable control; and [b] that it could not reasona-
ii) all acceptances, acknowledgments and confirmations of the Company to Buyer’s orders; and bly have been foreseen at the time of the conclusion of the Contract; and [c] that the effects of the impediment
iii) all contracts relating to the sale by the Company and purchase by the Buyer of goods and could not reasonably have been avoided or overcome by the affected party.
services In the absence of proof to the contrary, the following events affecting a party shall be presumed to be an Event of
(hereinafter each and all referred to as, individually, “Contract”, and, jointly, “Contracts” and the goods and Force Majeure: (i) war (whether declared or not), hostilities, invasion, act of foreign enemies, extensive military mo-
services as the “Products”), unless and to the extent the Company explicitly agrees otherwise in writing. bilisation; (ii) civil war, riot, rebellion and revolution, military or usurped power, insurrection, act of terrorism, sabota-
Any terms and conditions set forth on any document issued by Buyer either before or after issuance of ge or piracy; (iii) currency and trade restriction, embargo, sanction; (iv) act of authority whether lawful or unlawful,
any document by the Company setting forth or referring to these General Conditions are hereby explicitly compliance with any law or governmental order, expropriation, seizure of works, requisition, nationalisation; (v) pla-
rejected and disregarded by the Company, and any such terms shall be wholly inapplicable to any sale made gue, epidemic, natural disaster or extreme natural event; (vi) explosion, fire, destruction of equipment, prolonged
by the Company to Buyer and shall not be binding in any way on the Company. break-down of transport, telecommunication, information system or energy, shortages of labour or raw materials;
Company’s offers are open for acceptance within the period stated by the Company in the offer or, when (vii) general labour disturbance such as boycott, strike and lock-out, go-slow, occupation of factories and premises.
no period is stated, within thirty (30) days from the date of the offer, but any offer may be withdrawn or Should an Event of Force Majeure occur, the performance of the relevant party of the Contract will be suspended
revoked by the Company at any time prior to the receipt by the Company of Buyer’s acceptance thereof. for the duration of the Event of Force Majeure, without the party affected by the Event of Force Majeure being
2
responsible or liable to the other party for any damage resulting therefrom.
DURATION In the event that the Event of Force Majeure extends for a period of three (3) consecutive months, the Company
The General Conditions are valid for all the Contracts issued or entered into on, after and before the shall be entitled to terminate all or any part of the Contract without any liability towards the other party.
9
execution of the General Conditions and for the entire duration of the Contracts, unless otherwise pro-
vided for herein. RIGHTS IN SOFTWARE, DOCUMENTATION AND INTELLECTUAL PROPERTY
3
Subject to the provisions set forth herein, the sale by the Company of any Products implies the non-
PRICES exclusive and non-transferable limited license to Buyer under any of Company’s and/or its affiliates’ in-
Prices in any offer, confirmation or Contract are in Euros, based on delivery Free Carrier (“FCA”) (IN- tellectual property rights (“Company’s IPR”) used in the Products to use and resell the Products as sold
COTERMS latest version) at the Company’s manufacturing facility or other facility designated by the by Company to Buyer.
Company, unless agreed otherwise in writing between the Buyer and the Company and do not include To the extent that software and/or documentation is embedded in or delivered with any Products sold by Company
any taxes, duties or similar levies, now or hereafter enacted, applicable to the Products or any other expenses. The to Buyer, the sale of such Products shall not constitute the transfer of ownership rights or title in such software and/
Company will add taxes, duties and similar levies to the sales price where Company is required or enabled by law to or documentation to Buyer, but, subject to the provisions set forth herein, shall only imply a non-exclusive and non-
pay or collect them and these will be paid by Buyer together with the price transferable license to Buyer under Company’s IPR used in the software to use such software and/or documentation
4
in conjunction with and as embedded in or delivered with the Products as supplied by Company to Buyer.
PAYMENT AND RETENTION OF TITLE Notwithstanding anything to the contrary herein, these General Conditions shall not be construed as conferring
Unless agreed otherwise between the Company and the Buyer in writing, the Company may invoice the any right, license or immunity, either directly or by implication, estoppel or otherwise to Buyer or any third party
Buyer for the price of the Products. Net payment is due in advance for delivery unless agreed otherwise under any Company’s IPR or intellectual property rights of any third party other than explicitly granted under these
between the parties in writing. All payments shall be made to the bank account and data indicated by General Conditions.
the Company. Buyer shall not: (a) modify, adapt, alter, translate, or create derivative works from any software residing in or pro-
If deliveries are made in installments, each installment may be separately invoiced and shall be paid for when due. vided by Company in conjunction with any Products; (b) assign, sublicense, lease, rent, loan, transfer, disclose, or
No discount is allowed for early payment unless agreed to in writing by Company. In addition to any other rights otherwise make available such software; (c) merge or incorporate such software with or into any other software; or
and remedies the Company may have under applicable law, interest will accrue on all late payments as per article 5 (d) reverse assemble, decompile, disassemble, or otherwise attempt to derive the source code for such software wi-
of the Legislative Decree 231/2002, at a rate equal to the official ECB rate plus 8% or, if that exceeds the maximum thout written authorization from Company except as explicitly allowed under applicable law. Buyer shall reproduce,
extend extent permitted by the applicable law, this latter, from the due date until payment in full. without any amendments or changes thereto, any proprietary rights legends of Company and/or its affiliates or its
All deliveries of Products agreed to by the Company shall at all times be subject to credit approval of the Company. third party suppliers in any software or documentation provided by Company. If and to the extent copyright in the
If, in Company’s judgment, Buyer’s financial condition at any time does not justify production or delivery of Pro- software is owned by third parties, the license terms of these third parties shall apply instead of the present General
ducts on the above payment terms, the Company may require full or partial payment in advance or other payment Conditions to such third party software.
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terms as a condition to delivery, and the Company may suspend, delay or cancel any credit, delivery or any other
performance by the Company. WARRANTY
The Products subject to sale and purchase agreement do not become property of the Buyer before the completion Buyer acknowledges and by placing the order accepts, that, in amendment of articles 1490 and
of the payment of the price according to art. 1523 and following of the Italian Civil Code. In case of total or partial 1491 of the Italian Civil Code, the Company is not bound by the warranty for the defects of the
seizure or foreclosure of the Products, the Buyer would have to immediately inform the Company so the latter Products sold, nor by any other warranty, whether implied or express (including without limitation
could be entitled to enforce against the third party the reservation of title: the related expenses would be sustained of fitness for a particular purpose, merchantability, etc.).
by the Buyer. The Buyer, if required, undertakes to maintain on the Products, until the price will not be fully paid, a Parties acknowledge that the Prices of the Products reflect the above exclusions of warranty and related allocation
distinctive mark attesting the reservation of title in favour of the Company itself. of risks between Buyer and the Company:
In the event of any default by Buyer in the payment of any fees or charges due, or any other default by Buyer, the Subject to the rights, exclusions and limitations set forth in articles 6, 11 and 12 of these General Conditions, the
Company shall have the right to refuse performance and/or delivery of any Products until payments are brought foregoing states the entire liability of the Company in connection with defective or non-conforming Products
current and Company may suspend, delay or cancel any credit, delivery or any other performance by the Company. supplied under the Contract.
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Such right shall be in addition to, and not in lieu of, any other rights and remedies available under the General
Conditions, the Contract or the applicable law. INTELLECTUAL PROPERTY RIGHTS INDEMNITY
5t
The Company, at its sole expense shall: (i) defend any legal proceeding brought by a third party against
DELIVERY AND QUANTITIES Buyer to the extent that the proceeding includes a claim that any Product as furnished by the Company
he products will be delivered FCA (Incoterms) at the place designated by the Company save for under a Contract directly infringes the claimant’s patent, copyright, trademark, or trade secret; and (ii)
different written agreement. hold Buyer harmless against damages and costs awarded by final judgment in such proceeding to the extent directly
Delivery dates communicated or acknowledged by the Company are approximate only, and the Com- and solely attributable to such infringement.
pany shall not be liable for, nor shall the Company be in breach of its obligations to Buyer, for any The Company shall have no obligation or liability to Buyer
delivery made within a reasonable time before or after the communicated delivery date. The Company agrees to • if the Company is not: (i) promptly notified in writing of any such claim; (ii) given the sole right
use all commercially reasonable efforts to meet the delivery dates communicated or acknowledged by it on the to control and direct the investigation, preparation, defense and settlement of such claim, including the selection
condition that Buyer provides all necessary order and delivery information sufficiently prior to such delivery date. of counsel; and (iii) given full reasonable assistance and cooperation by Buyer in such investigation, preparation,
The Buyer will immediately notify the Company in writing the failure of the delivery giving a thirty (30) days period settlement and defense;
to remedy. If the Company does not deliver within such thirty (30) day period, Buyer’s will have the rights to cancel • if the claim is made after a period of three (3) years from the date of delivery of the Product.
the affected and undelivered portions of the related Contract. • to the extent that any such claim arises from: (i) modification of the Product if the claim of infrin-
Unless otherwise agreed and specified, all risks and liabilities inherent to the Products sold shall pass to Buyer at the gement would have been avoided by use of the unmodified Product; or (ii) design, specifications or instructions
time of delivery of the Products as defined above. furnished by Buyer;
If Buyer fails to take delivery of Products ordered, then the Company may deliver the Products in consignment • to the extent the claim is based directly or indirectly upon the quantity or value of products manu-
at Buyer’s cost. factured by means of the Product or upon the frequency of use or the amount of use of the Product irrespective of
In the event Company’s production is curtailed for any reason, the Company shall have the right to allocate its whether such claim alleges that the Product as such, or its use, infringes or contributes to the infringement of any
available production and Products, in its sole discretion, among its various customers and as a result may sell and intellectual property rights of the claimant;
deliver to Buyer fewer Products than specified in the Contract, as the case may be, without being responsible or • for unauthorized use or distribution of the Product or use beyond the specifications of the Product;
liable to Buyer for any damage resulting therefrom. • to the extent any such claim arises from Buyer’s manufacture, use, sale, offer for sale, importation
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or other disposition or promotion of the Product after Company’ notice to Buyer that Buyer should cease any such
ACCEPTANCE activity, provided such notice shall only be given if the Product is, or in Company’ opinion is likely to become, the
At the delivery the Buyer will verify the correspondence to what indicated in the order and in the delivery subject of such a claim of infringement;
documentation. All claims for any missing or exceeding quantity, or for any discrepancy in respect to the • for any costs or expenses incurred by Buyer without Company’ prior written consent;
contractual specifications, shall have to be communicated in written within 8 (eight) business days from • to the extent the claim is based on any prototypes, or Open Source Software, or software provided
the delivery date. Any claim shall have to be forwarded in written and shall highlight in a detailed way the non- by Buyer or any of its designees to Company and/or its affiliates;
compliance of the supply in respect to what indicated in the order and in the delivery documentation. Within a • to the extent any such claim arises from any infringement or alleged infringement of third party’s
reasonable period of time, the Company will verify the claims of the Buyer and, in case of acceptance of the same, intellectual property rights covering a standard set by a standard setting body and/or agreed between at least two
the Company will proceed to correct the determined discrepancies. In case within the above-mentioned term of 8 companies,
(eight) business days no claim is advanced, the Products will be deemed as accepted by the Buyer. • for infringement of any third party’s intellectual property rights covering the manufacture, testing
or application of any assembly, circuit, combination, method or process in which the Product may have been used,
7
or
USE OF THE PRODUCTS • for infringement of any third party’s intellectual property rights with respect to which Company
Buyer acknowledges that the Products sold by the Company are designed and intended for a professio- or any of its affiliates has informed Buyer, or has published (in a datasheet or other specifications concerning the
nal use in a professional environment (i.e. business, commercial and public locations such as hotels, bars, Product or elsewhere) a statement, that a separate license has to be obtained.
restaurants, cafes, cafeterias, bakeries, factories, taverns, conference and shopping centers, offices, rail and costs incurred by Company and its affiliates in defending any claim, demand, suit or proceeding for such infringe-
gasoline stations, expressly excluding any home or domestic locations). ment, provided Company gives Buyer prompt notice in writing of any such suit or proceeding for infringement.
If any Product is, or in Company’s opinion is likely to become, the subject of a claim of infringement as referred
to under article 11 or if the Company receives from a third party claiming infringement of third party Intellectual
35
16
property rights in relation to any of the Products, the Company shall have the right, without obligation or liability ASSIGNMENT AND SETOFF
and at its sole option, to: (i) procure for Buyer the right to continue to use or sell the Product; (ii) provide repla- Buyer shall not assign any rights or obligations under the Contracts without the prior written consent
cement Product with a non-infringing product, or (iii) modify the Product in such a way as to make the modified of Company. Buyer shall have no right to withhold or reduce any payments or to offset existing and
Product non-infringing; or (iv) repurchase such Product from the Buyer for the initial price paid by Buyer less future claims against any payments due for Products sold under the Contracts or under any other
reasonable depreciation; or (v) suspend or discontinue supplies to Buyer of the Products or parts to which such agreement that Buyer may have with Company or any of its affiliates may have and agrees to pay the amounts
notice relates or (vi) terminate any Contract to the extent related to such Product. hereunder regardless of any claimed offset which may be asserted by Buyer or on its behalf.
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Subject to the exclusions and limitations set forth in article 10 of the General Conditions, the foregoing states
Company’s entire liability and obligation to Buyer and Buyer’s sole remedy with respect to any actual or alleged BREACH AND TERMINATION
infringement of any intellectual property rights or any other proprietary rights of any kind. Buyer agrees that it now and in future shall comply with national law on prevention of bribery, as
12
well as any other law deriving from ratification of the OECD Convention on Combating Bribery
of Foreign Public Officials in International Business Transactions (including the US Foreign Corrupt
LIMITATION OF LIABILITY Practices Act). In general, it is illegal to bribe or make a corrupt payment to a public official for the purpose of
THE COMPANY SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, obtaining or retaining business, directing business to any person, or securing any improper advantage.
LOSS OF REPUTATION, LOSS OF GOODWILL, INDIRECT, INCIDENTAL, PUNITIVE, Buyer’s failure to comply with any provision of this article is ground for immediate termination of any Contract and
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE of these General Conditions by Company (or its respective affiliate(s)), without Company’ incurring any liability
CONTRACT OR THE SALE OF ANY PRODUCTS OR SERVICES BY THE COMPANY OR THE USE towards Buyer. In the event of such termination, (i) Company shall be under no obligation to supply any Product
THEREOF WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT to Buyer, (ii) Buyer shall be responsible for and indemnify Company for any damages, claims, penalties or other
OR ANY OTHER LEGAL THEORY – EVEN IF COMPANY HAS BEEN ADVISED, OR IS AWARE, OF losses (including attorneys’ fees) that may be asserted against or incurred by Company as a result of Buyer’s breach
THE POSSIBILITY OF SUCH DAMAGES. of this article; and (iii).
EXCEPT FOR THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, THE OVERALL Company shall be entitled to any other remedies available at law or in equity. The terms and conditions of this
RESPONSIBILITY ATTRIBUTABLE TO THE COMPANY AGAINST THE BUYER ON THE BASIS OF THE article shall survive any expiration or termination of these General Conditions.
CONTRACT OR THESE GENERAL CONDITIONS WILL NOT EXCEED THE SUM CORRESPONDING Company will only do business with those companies that respect the law and adhere to ethical standards and
TO 10% OF THE TOTAL AMOUNT PAID BY THE BUYER TO THE COMPANY IN THE 12 MONTHS principles and in particular the Buyer undertakes to respect the Code of Business Conduct of EVOCA GROUP, to
PRIOR TO RECEPTION OF THE COMPLAINT. which the Company belongs, as published on the Company’s web site at the address https://www.evocagroup.com/
Any Buyer’s claim for damages must be brought by Buyer within ninety (90) days of the date of the event giving en/company/governance or at the different address that should be subsequently decided by the Company and
rise to any such claim, and any lawsuit relative to any such claim must be filed within one (1) year of the date of the that the Buyer will regularly monitor to check possible updates of the same Code of Business Conduct. Should the
claim. Any claims that have been brought or filed not in accordance with the preceding sentence are null and void. Company receive any information to the contrary, the Company will inform thereof the Buyer and Buyer agrees to
The limitations and exclusions set forth above in this article 12 shall apply only to the extent permitted by applicable cooperate and provide whatever information is necessary to allow Company to decide whether there is any basis to
mandatory law. any allegation received and whether the Contract and these General Conditions should continue. Such information
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includes, but is not limited to, books, records, documents, or other files.
18
CONFIDENTIALITY
Each of the Parties undertakes to keep confidential and not to disclose to third parties, directly or indi- APPLICABLE LAW AND COMPETENT COURT
rectly, without the prior written consent of the other party, all information of a commercial, technical, All proposals, offers, confirmations and Contracts are regulated by the Italian laws.
financial, strategic, operational or other nature, exchanged or learned under this agreement, either All disputes arising out of or in connection with any Contract shall first be attempted by the Buyer
verbally or in writing, and which have been indicated as confidential or which, by their nature or the context in which and the Company to be settled through consultation and negotiation in good faith in a spirit of mu-
they were disclosed, should reasonably be considered as such (“Confidential Information”). tual cooperation. All disputes which cannot be resolved amicably shall be submitted to the exclusive jurisdiction of
Confidential Information shall not include information that: the courts of Milan, Italy, provided that the Company shall always be permitted to bring any action or proceedings
a. are already in the public domain at the time of their disclosure or become so subsequently without against Buyer in any other court of competent jurisdiction.
violation of these General Conditions; The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any offer, con-
b. were already legitimately in the possession of a party before their disclosure and the party can firmation or Contract. Nothing in this article shall be construed or interpreted as a limitation on either Company’s
provide written evidence thereof; or Buyer’s right under applicable law for injunctive or other equitable relief or to take any action to safeguard its
c. have been legitimately received from a third party not bound by an obligation of confidentiality possibility to have recourse on the other party.
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relating to the use or communication of such information;
d. are independently developed by a party without violation of this Agreement. BREACH AND TERMINATION
The Confidential Information may be used by the parties exclusively for the execution of the obligations deriving
from these General Conditions and may not be disclosed to third parties without the prior written authorization of Without prejudice to any rights or remedies the Company may have under the General Conditions,
the party to which it belongs. the Contracts or at law, the Company may, by written notice to the Buyer, terminate with immediate
Each party undertakes to take all reasonable measures to protect the Confidential Information, including the invol- effect a Contract or any part thereof, in accordance with the provisions of article 1456 of the Italian
vement only of employees, consultants or collaborators who need to know such information for the execution of Civil Code, without any liability whatsoever and without excluding the possibility of asking for damages to the
these General Conditions, and who are bound by confidentiality obligations equal to those provided here. Buyer, in case Buyer violates or breaches any of the provisions of the General Conditions and in particular:
In the event that, to comply with the provisions of the law or a lawful request of any competent authority, agency
or court, either party is obliged to disclose Confidential Information, it must inform the other party in advance • article 3 (Prices);
(to the extent permitted by law) and the parties will agree, to the maximum extent, the content and methods • article 4 (Payment and Retention of title);
of such disclosure or, if the requirements are met, request a precautionary order or other remedy to protect the
Confidential Information. • article 9 (Rights In Software, Documentation and Intellectual Property);
The confidentiality obligation established by this clause will remain in force for the entire duration of these General
Conditions and for a period of 5 (five) years from its termination or resolution, regardless of the cause thereof. • article 13 (Confidentiality);
14
ASSIGNMENT AND SETOFF • article 14 (Sanctions and Export Controls);
Buyer understands that certain transactions of the Company are subject to sanctions and export
control laws and regulations, including but not limited to the UN, EU and the USA export con- • article 15 (Export to Russia and Belarus);
trol laws and regulations, which prohibit sale, export or diversion of certain products, services and • article 17 (Anti-Bribery).
technology to certain countries (e.g. Russia and Belarus) or to sanctioned subjects (“Sanctions and Export Regu-
lations”). Furthermore, the Company shall be entitled to terminate with immediate effect a Contract or any part thereof, in
Should the sale or delivery of the Products be or become subject to the granting of an export license or otherwise accordance with the provisions of article 1456 of the Italian Civil Code, without any liability whatsoever and without
restricted or prohibited under the Sanctions and Export Regulations, Company may suspend the execution of excluding the possibility of asking for damages to the Buyer, in the following cases:
its obligations until such license is granted or for the duration of such restrictions or prohibitions. Furthermore,
Company may even terminate the relevant Contract in all cases without incurring any liability towards the Buyer • any proceedings of insolvency, business crisis (including reorganization), liquidation or winding up
or end-user. are instituted against Buyer, whether filed or instituted by Buyer, voluntary or involuntary;
Buyer warrants that it will comply in all respects with the export, re-export and transfer restrictions set forth in such
Sanctions and Export Regulations or in export licenses (if any) for every Product supplied to Buyer and that will • a trustee or receiver is appointed over Buyer;
impose them on any third party to which the Products are sold, transferred or re-exported.
Buyer shall take all actions that may be reasonably necessary to ensure that no customer/purchaser or end-user • any assignment is made for the benefit of creditors of Buyer; or
contravenes such Sanctions and Export Regulations. • the control or ownership of Buyer changes.
Buyer shall indemnify Company against any and all direct, indirect and punitive damages, loss, costs (including
attorney’s fees and costs) and other liability arising from claims resulting from Buyer’s or its customers’ breach or Upon occurrence of any of the events referred to the above paragraphs, all payments to be made by Buyer under
non-compliance with this article. the Contracts shall become immediately due and payable.
Buyer acknowledges that the obligations contained in these General Conditions shall survive the termination of
any Contract of other arrangement under which the Products were provided to Buyer. In addition, in the event In the event of cancellation, termination or expiration of a Contract, the terms and conditions destined to survive
20
of any conflict in the terms provided in these General Conditions with any other document entered into between such cancellation, termination or expiration shall so survive.
Buyer and Company, Buyer understands that the terms of these General Conditions shall control and be binding APPLICABLE LAW AND COMPETENT COURT
upon Buyer. The Parties undertake to comply with any obligation under Regulation (EU) 2016/679 of the
European Parliament and of the Council on the “protection of natural persons with regard to
15
the processing of personal data and on the free movement of such data” (hereinafter “GDPR”),
as well as with the domestic legislations on such matter and with the rulings of the national Supervisory Authority
for personal data protection.
EXPORT TO RUSSIA AND BELARUS OF CERTAIN PRODUCTS By executing the General Conditions and the Contract, each Party recognizes and acknowledges that the personal
The Buyer shall not sell, export or re-export, directly or indirectly, to the Russian Federation or for use in the Russian data (e.g. names, business email address, etc.) of its own employees/collaborators, involved in the activities provi-
Federation any Products supplied under or in connection with the Contracts that fall under the scope of Article 12 ded for in the Contract, shall be disclosed to the other Party and by this latter processed as Controller for purposes
octies of Council Regulation (EU) No 833/2014. inherently related to the entering into and execution of the same Contract and undertakes here and now to divulge
The Buyer shall not sell, export or re-export, directly or indirectly, to Belarus or for use in Belarus any Products sup- such circumstance to its own employees/collaborators, in accordance with its own possible internal procedures.
plied under or in connection with the Contracts that fall under the scope of Article 8 octies of Council Regulation In particular Buyer acknowledges that the personal data (e.g. names, business email address, etc.) of its own emplo-
(EU) No 765/2006. yees/collaborators will be processed according to the information notice available on the website www.evocagroup.
The Buyer shall undertake its best efforts to ensure that the purpose of the first paragraph is not frustrated by any com which the Buyer declares to know in full and undertakes to consult regularly to verify any changes or additions.
21
third parties further down the commercial chain, including by possible resellers. Buyer undertakes to bring this information to the knowledge of its employees/collaborators.
The Buyer shall set up and maintain an adequate monitoring mechanism to detect conduct by any third parties MISCELLANEOUS
further down the commercial chain, including by possible resellers, that would frustrate the purpose of the first In the event that any provision(s) of these General Conditions shall be held invalid or unenforceable
paragraph. by a court of competent jurisdiction or by any future legislative or administrative action, such holding
Any violation of the previous paragraphs shall constitute a material breach of an essential element of the Contracts, or action shall not negate the validity or enforceability of any other provisions thereof. In the event
and the Company shall be entitled to seek the termination of the Contracts. that any provision of these General Conditions shall finally be determined to be unlawful or unenforceable, such
The Buyer shall immediately inform the Company about any problems in applying the previous paragraphs, in- provision shall be deemed severed from these General Conditions, but every other provision shall remain in full for-
cluding any relevant activities by third parties that could frustrate the purpose of the first paragraph. The Buyer ce and effect, and in substitution for any such provision held unlawful or unenforceable, there shall be substituted a
shall make available to the Company information concerning compliance with the obligations under the previous provision of similar import reflecting the original intent of the clause to the extent permissible under applicable law.
paragraphs within two weeks of the simple request of such information. The failure on the part of either party to exercise, or any delay in exercising, any right or remedy arising from the
General Conditions shall not operate as a waiver thereof; nor shall any single or partial exercise of any right or
remedy arising there from preclude any other or future exercise thereof or the exercise of any other right or remedy
arising from the General Conditions or by law.
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A brand of
Evoca Group
EVOCA S.p.A.
Via Roma, 24 | 24030 Valbrembo (BG), Italy | Ph. +39 035 606 111
necta.evocagroup.com