Overview of the adjustments to the export control clause between Festo Vertrieb GmbH & Co. KG
Based on EU Regulation 833/2014, companies based in the EU and Switzerland are obliged to comply with the sanctions regulations against Russia.
In accordance with Article 12g of EU Regulation 833/2014, circumvention deliveries to Russia are now also prohibited and companies are therefore obliged to comply with these requirements accordingly.
As a result, from March 20, 2024, companies will be obliged to include a clause (No Russia Clause) in their contracts for the sale, supply, transfer or export of goods and technologies to third countries, which contractually prohibits re-export to Russia and re-export for use in Russia.
An internal assessment and classification of the Festo product portfolio was carried out internally. The information regarding affected goods can be found on our business documents.
In order to be able to continue the business relationship with our customers in a legally secure manner, confirmation from our customers is therefore required.
Please confirm the extension of the contract between Festo Vertrieb GmbH & Co KG and yourself by completing the form at the bottom of this page:
X. Export control clause
X.1 Deliveries of products (hardware and/or software and/or technology and the associated documents, irrespective of the type of provision) as well as work and services including technical support of all kinds by Festo Vertrieb GmbH & Co. KG (together referred to as "Festo service") are subject to the proviso that this Festo service is not prohibited under national or international export control regulations, in particular embargoes or other sanctions. Festo Vertrieb GmbH & Co. KG undertakes to provide all information and documents required for export and shipment. Delays due to export inspections or approval procedures will result in deadlines and delivery dates being canceled. If the necessary approvals are not granted or if the delivery and service cannot be approved, our contract shall be deemed not to have been concluded with regard to the parts concerned.
X.2 Festo shall be entitled to terminate any contract for Festo services without prior notice if such termination is necessary for Festo Vertrieb GmbH & Co. KG to comply with national or international statutory provisions.
X.3 In the event of termination in accordance with section X.2, Festo Vertrieb GmbH & Co. KG shall not be entitled to claim damages or other rights as a result of the termination.
X.4 When passing on Festo services to third parties in Germany and abroad, the applicable provisions of national and international (re-)export control law must be observed. In particular, Festo may not directly or indirectly sell, export or re-export any Festo services that fall within the scope of Council Regulation (EU) No. 833/2014 to the Russian Federation or for use in the Russian Federation. Any breach of this Section X.4 by shall constitute a material breach of contract and Festo Vertrieb GmbH & Co. KG shall be entitled to take appropriate action. In addition, Sections X.2 and X.3 shall apply accordingly. shall immediately inform Festo Vertrieb GmbH & Co. KG of any problems in the application of this Section X.4, including any relevant activities of third parties that could impair the purpose of Section X.4. shall immediately provide Festo with information on compliance with the obligations under Section X.4 upon request.