THE VIVAIBAMBU AGRICULTURAL COMPANY is registered in the RUP with the Plant Production and Marketing Authorization Code with number 03/0389 of 23/05/2013.
As a farm the sale is regulated exclusively by the AGRICULTURAL CONTRACT and therefore by the Decree-law 1/2012 (art.62) modified by the decree-law 24 March 2012, n. 29 and converted, with amendments, by law 24 March 2012, n. 27
Discipline of commercial relations regarding the sale of agricultural and agri-food products
[As modified by art. 2, paragraph 3, lett. a), Legislative Decree May 5, 2015, n. 51, converted, with modifications, by Law 2 July 2015, n. 91]
The contracts that relate to the sale of agricultural and food products, with the exception of those concluded with the final consumer, are obligatorily stipulated in writing and indicate the duration, quantities and characteristics of the product sold, the price, the methods of delivery and payment. Contracts must be informed according to the principles of transparency, correctness, proportionality and mutual correspondence of the services, with reference to the goods supplied.
In commercial relations between economic operators, including contracts that relate to the sale of the goods referred to in paragraph 1, the following is prohibited:
a) directly or indirectly impose conditions of purchase, sale or other contractual conditions that are unjustifiably burdensome, as well as non-contractual and retroactive conditions;
b) apply objectively different conditions for equivalent services;
c) make the conclusion, the execution of the contracts and the continuity and regularity of the same commercial relations subject to the performance of services by the contractors who, by their nature and according to commercial uses, have no connection with the object of the of the others;
d) obtain undue unilateral services, not justified by the nature or content of the commercial relations;
e) adopt any further unfair commercial conduct that results as such, also taking into account the complex commercial relationships that characterize the supply conditions.
For the contracts referred to in paragraph 1, payment of the consideration must be made for perishable goods within the legal term of thirty days and for all other goods within the term of sixty days. In both cases, the term starts from the last day of the month in which the invoice is received. Interest runs automatically from the day following the expiration of the term. In these cases the rate of interest is increased by a further four percentage points and is mandatory.
Perishable foodstuffs are products that fall into one of the following categories:
a) pre-packaged agricultural, fish and food products with an expiration date or a minimum shelf life of no more than sixty days;
b) loose agricultural, fish and food products, including herbs and aromatic plants, even if placed in a protective case or refrigerated, which have not undergone treatments designed to prolong their durability for more than sixty days;
c) meat products with the following physico-chemical characteristics:
aW higher than 0.95 and pH higher than 5.2
aW greater than 0.91
pH equal to or greater than 4.5;
d) all types of milk.
Unless the fact constitutes an offense, the contractor, with the exception of the final consumer, who contravenes the obligations referred to in paragraph 1, is subject to an administrative fine of € 1,000.00 to € 40,000.00. The amount of the sanction is determined by referring to the value of the assets being transferred.
Unless the fact constitutes an offense, the contractor, with the exception of the final consumer, who contravenes the obligations referred to in paragraph 2, is punished with a pecuniary administrative sanction from € 2,000.00 to € 50,000.00. The amount of the sanction is determined by referring to the benefit received by the person who has not respected the prohibitions referred to in paragraph 2.
Unless the fact constitutes a crime, the debtor's failure to comply with the payment terms set out in paragraph 3 shall be punished with a pecuniary administrative sanction from 500 euros to 500,000 euros. The amount of the penalty is determined based on the turnover of the transferee company, the recurrence and the extent of the delays.
The Guarantor Authority for Competition and the Market is in charge of supervising the application of these provisions and the imposition of the penalties provided for therein, pursuant to the law of 24 November 1981, n. 689. To this end, the Authority may avail itself of the operational support of the Guardia di Finanza, without prejudice to the provisions regarding the assessment powers of officers and judicial police officers in article 13 of the aforementioned law of 24 November 1981, no. 689. At the assessment
nto of the violations of the provisions referred to in paragraphs 1, 2 and 3 of this article, the Authority shall act ex officio or upon notification by the Central Inspectorate for the protection of quality and the suppression of fraud of agri-food products of the Ministry of Agricultural Food Policies and forestry or any interested party. The activities referred to in this paragraph are carried out with the human, financial and instrumental resources already available under current legislation.
The revenues deriving from the imposition of the sanctions referred to in paragraphs 5, 6 and 7 are paid at the entrance of the state budget to be reallocated and distributed by decree of the Minister of Economy and Finance and entered in the estimate of the Ministry of the economic development, to the Fund deriving from the administrative sanctions imposed by the Competition and Market Authority to be allocated for the benefit of consumers to finance food information initiatives for the benefit of consumers and to fund research, study and analysis activities relating to food in the as part of the Single Observatory of Productive Activities, as well as in the state of estimates of the Ministry for Agricultural, Food and Forestry Policies for the financing of initiatives in the agri-food sector, or, in the event of violations relating to commercial relations in the dairy sector, to the Fund for investments in the dairy sector referred to article 1, paragraph 214, of the law of 23 December 2014, no. 190.
The legal actions for compensation for damage resulting from violations of this provision are reserved, even if promoted by the consumer associations belonging to the CNCU and the entrepreneurial categories present in the National Council of Economy and Labor or in any case representative at national level. The same associations are also entitled to act, to protect collective interests, requesting an injunction to conduct in violation of this provision pursuant to articles 669-bis and following of the code of civil procedure.
Paragraphs 3 and 4 of art. 4 of Legislative Decree 9 October 2002, n. 231 and the decree of the Minister of Productive Activities of 13 May 2003.
11-bis. The provisions of this article are effective seven months from the date of publication of the conversion law of this decree. By decree of the Minister of Agricultural, Food and Forestry Policies, in agreement with the Minister of Economic Development, to be issued within three months from the date of publication of the law converting this decree, the application procedures of the provisions of this article are defined.
"It fulfills the obligations referred to in article 62, paragraph 1, of the decree law 24 January 2012, n.1, converted, with modifications, by law 24 March 2012, n. 27
On transport documents, invoices and e-mails, this document constitutes a contract.