Terms & Conditions of Sale
All quotations given and orders received, including those given verbally, or via e-mail, fax, post or other written format, are subject to the following Conditions of Sale.
In these Conditions:
“the Company” means E.Farrington & Co. Ltd.
“the Contract” means the acceptance by a Customer of a quotation given by the Company to the Customer, or; acceptance by the Company of an Order placed by the Customer
“the Customer” means any person, firm or corporation placing an order with the Company for the supply of Goods and/or services
“the Goods” means the Goods and/or services to be supplied to the Customer by the Company under the Contract
- APPLICATION AND VARIATION OF CONDITIONS
a) These Conditions shall be incorporated in all Contracts for the sale of goods and/or Services by the Company and shall prevail over any provision of the Customer’s order which is inconsistent with them.
b) These conditions cannot be varied without the prior written agreement of the Company stating the variation and referring expressly to the Condition which is to be varied.
- FORCE MAJEURE
a) The Company cannot accept any liability to the extent to which the fulfilment of its obligations is prevented, frustrated or impeded as a consequence of any statute, rules, regulations, import and export restrictions or as a result of strikes, lock-outs or industrial action by any kind, fire accident, civil disturbance, weather, Act of God, orders or requisitions by any government department, Council or other competent authority or any other circumstances beyond our control. The Company will however take all reasonable steps to overcome difficulties arising therefrom.
b) If by reason of any of such circumstance, performance within a reasonable time becomes impossible either party shall be entitled to terminate the Contract by notice in writing to the other.
- QUOTES AND ORDERS
a) Quotations by the Company unless otherwise stated in them shall be open for acceptance within thirty days of the date of the quotation, unless material prices govern otherwise.
b) All Quotes are subject to fluctuation in the price of materials in the period between the date of the quote and acceptance by the Customer. Prices are subject to confirmation at the time of such acceptance in circumstances where material price fluctuation occurs.
c) Any quotation includes only such goods; accessories and work as are specified therein. Erection, Installation or Commissioning is not included unless specifically agreed in writing. The Company’s terms for erection, installation or commissioning are available on request and will apply to any contracts or orders only to the extent that the Company accepts an order for such work.
d) Each order or acceptance of a quotation by the Customer shall be deemed to be an offer by the Customer to the Company subject to these conditions.
e)The acceptance by the Company of all orders placed by the Customer is subject to these conditions to the exclusion of all other terms and conditions (including any terms or conditions the Customer purports to apply under any purchase order, confirmation of order, specification or any other document) and no variation of or addition to these conditions may be made unless confirmed in writing by the Company.
f) All specifications, performance criteria, drawings, dimensions submitted with any tender are approximate only and intended merely to present a general idea of the goods described therein, and none of these will form part of the Contract unless specifically approved by the Customer.
f) The Customer acknowledges that it has not relied on any statement, promise, representation made or given on behalf of the Company which is not set out in the Contract.
g) The employees or agents of the Company are not authorised to make any representations concerning the Goods unless confirmed by the Company in writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of Contract, any such representations which are not so confirmed
- DELIVERY DATES AND DELIVERY
a) Dates or periods for delivery are approximate and are given for information only. Failure by the Company to comply with any such dates or periods shall not constitute a breach of Contract and shall not entitle the customer to treat the Contract as terminated or to any other remedy against the Company.
b) The Company shall be entitled to charge the customer the costs of transportation of the goods to the destination specified by the Customer.
c) If the Company so agrees the Customer may collect the goods in which event when the Customer is notified that the goods are ready for collection the Customer shall collect them within three days of being so notified and if the customer fails to do so the Company may despatch the goods to the customer sat the Customer’s risk and expense.
- PASSING OF RISK IN THE GOODS
a) The risk in the goods shall pass to the Customer upon delivery.
b) Delivery shall be deemed to take place:
i) In the case of goods to be collected from the Company’s premises by the Customer or the Customer’s agent including any independent carrier engaged by the Customer; at the time when the loading of the goods onto the vehicle collecting them is completed.
ii) In any other case when the unloading of the goods at the location nominated by the Customer or the Customer’s agent for delivery has been completed.
- LOSS OR DAMAGE IN TRANSIT
a) The Company will entertain a claim by the Customer in respect of loss or damage in transit to the location nominated by the Customer or his agent only if:
i) The Customer gives written noticed to the Company within 24 hours after receiving the goods and having signed all delivery notes indicating such damage or loss.
ii) Where an independent freight carrier transports the goods; the Customer complies in all respects with the freight carriers conditions of carriage for notifying claims for loss or damage in transit.
- ACCEPTANCE OF GOODS
a) The Customer shall be deemed to have accepted the goods and it shall be conclusively agreed that the goods are in accordance with the Contract unless:
i) Within 21 days of receipt of the goods and prior to their use or resale the Customer serves upon the Company a written notice specifying any defect in the quality or state of the goods, or other respect in which the goods are not in accordance with the Contract which would be apparent upon careful inspection and thereafter provides the Company with a reasonable opportunity of inspecting or testing the goods before they are used or resold.
ii) In respect of any defect in the quality or the state of the goods or other respect in which the goods are not in accordance with the Contract that would not be apparent upon careful inspection; the Customer serves on the Company written notice of such defect or respect forthwith upon it’s discovery and, in any event, not more than 12 months after receipt of the goods specifying the matters complained of and affording the Company a reasonable opportunity of inspecting the goods before any making good or replacement is undertaken. The Customer shall provide such opportunity notwithstanding that the goods may have been incorporated into the property of a third party or are located in or above or under land or premises of a third party.
- DEFECTS IN THE GOODS
a) Following delivery, the Company’s liability is limited to making good any defects in Goods manufactured arising solely as a result of defects in materials supplied by the Company or in its workmanship or; at the Company’s absolute discretion, to refund the sums actually paid by the Customer under the Contract and then only if notice in writing of any such defects is served on the Company by the Customer within seven days of delivery and payment in full having been made.
b) If required by the Company, the Goods claimed to be defective will be returned to the Company at the expense of the Customer.
c) No claim against the Company shall be entertained for any defect arising from any design or specification provided or made by the Customer or if any adjustments, alterations or other work have been done to the Goods by any person except the Company.
d) Where the Goods have not been stored in suitable and satisfactory conditions then the Company shall not be obliged to make good any defects in the Goods or offer a refund as set out in clause 11 a) above.
a) Except in the case of death or personal injury caused by the Company’s negligence, the Company’s liability under or in connection with the Contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed the sums paid by the Customer under the Contract to the Company.
b) The Company shall not be liable to the Customer in contract, tort, negligence, breach of statutory duty nor otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Customer of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
c) The Customer shall indemnify and hold harmless the Company from and against all Claims and Losses arising from loss, damage, liability, injury to the Company employees and third parties, infringement of third-party intellectual property, or third-party losses by reason of or arising out of any information supplied:
i) to the Company by the Customer or;
ii) supplied to the Customer by the Company, its employees or suppliers;
within or without the scope of the Contract. ‘Claims’ shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in Contract, tort or otherwise); and ‘Losses’ shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.
d) The Company and Customer acknowledge that, in entering into the Contract:
i) they do not do so in reliance on any representation, warranty or other provision except as expressly provided in the Contract, and;
ii) any conditions, warranties or other terms implied by statute or common law are excluded from the Contract to the fullest extent permitted by law.
e) The Company shall not be liable for the acts or omissions of any third parties to the Contract.
f) No person who is not a party to this Contract shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the terms of this Contract.
- FREE ISSUE MATERIALS
a) Although every care is taken in handling Customers free issue materials (being all free issue materials of third parties delivered to the Company by or on behalf of the Customer), the Company is not responsible for the behaviour of the materials during any manufacturing process undertaken on or using those materials under the Contract. If the material collapses, distorts, fractures or breaks during such process(es) the Company shall not accept any claims whatsoever for its loss and for the avoidance of doubt the Customer shall remain responsible for payment. Free issue materials are handled and processed entirely at the Customers own risk.
b) The Customer acknowledges and agrees that when supplying free issue materials to the Company
(i) co-operate with the Company as the Company requires;
(ii) provide to the Company such information and documentation as the Company reasonably requires;
(iii) instruct the Customer’s staff and agents to co-operate and assist the Company;
(iv) provide the Company, in a timely manner, such free issue materials as the Company may require;
(v) ensure that the free issue materials supplied are safe to undergo the required process(es), without any risks to health or safety; and
(vi) notify the Company in writing of any special precautions which need to be taken.
c) The Company may charge the Customer for any additional reasonable costs and expenses incurred by the Company caused by the Customer’s instructions, failure to provide instructions, or failure to comply the above clause.
d) If the Company’s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, sub-contractors, consultants or employees, the Company shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
e) The Customer shall be liable to pay to the Company, on demand, all reasonable costs, charges or losses sustained or incurred by the Company (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Customer’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract as set out above, subject to the Company confirming such costs, charges and losses to the Customer in writing.
- TEST CERTIFICATES
a) The Company shall not be obliged to provide test certificates unless the Customer has requested such certificates at the time of placing the Order and the Company shall be entitled to charge a reasonable fee for each such certificate.
- PRICE AND PAYMENT
a) The Company reserves the right to vary the price of the goods without notice to the Customer at any time before despatch.
b) Unless alternative terms have been agreed in writing with the Company, the Customer shall pay for the goods supplied and invoiced under the Contract on a nett monthly basis – i.e thirty days after the end of the month of despatch/ invoice.
c) The Company shall be entitled to charge interest on any sums not so paid. Such interest shall be calculated on a day-to-day basis on the amount outstanding for the period from the due date of payment until payment at the rate of 3% per annum in excess of the highest rate at which National Westminster Bank PLC’s base lending rate stood at any time during such period.
- WITHHOLDING OF PAYMENT AND SET OFF
a) The Customer shall not be entitled to withhold payment of any amount payable under the Contract to the Company because of any disputed claim of the Customer in respect of defective goods or any other alleged breach of the Contract by the Company.
b) Nor shall the Customer be entitled to set off against any amount payable under the Contract to the Company any sums that are not then due and payable by the Company in respect of which the Company disputes liability.
a) Failure of the Company to deliver any instalment of the goods shall not entitle the Customer to:
i) cancel or suspend performance of the Contract;
ii) treat any other such instalments of the goods as being sold under a separate contract.
b) Delivery to the customer of a quantity of goods less than or greater than that which the Customer has agreed to purchase shall in no circumstances entitle the Customer to reject all the goods delivered so far.
- CANCELLATION BY THE CUSTOMER
a) No order which has been accepted by the Company may be cancelled by the Customer except with the agreement in writing of the Company and on terms that the Customer shall indemnify the Company in full against all losses as a result of cancellation, including if appropriate payment in full for the Goods.
b) For the avoidance of doubt, payment shall be required in full in any event, unless the Company gives its written consent to cancellation.
- TERMINATION AND SUSPENSION.
a) The Company shall be entitled without prejudice to its other rights and remedies either to terminate wholly or in part any or every Contract between itself and the Customer or to suspend any further deliveries under any or every such Contract in any of the following events:
i) If any sum is due and is payable by the Customer to the Company but is unpaid.
ii) If the Customer has failed to provide any letter of credit, Bill of Exchange or other security required by the Contract, provided that in such event such rights of termination or suspension shall apply only in regard to the particular Contract in respect of which the Customer has so failed.
iii) If the Customer has failed to take delivery of the goods under any Contract between it and the Company otherwise than in accordance with the Customer’s contractual rights.
iv) If the Customer becomes insolvent or enters into any composition or arrangement (including a voluntary arrangement) with its creditors or; being a body corporate has passed a resolution for voluntary winding up except where solely for the purpose of amalgamation reconstruction or; if a petition has been presented for an order for it’s winding up or for a receiver (including an administrative receiver) or administrator to be appointed or if any such order or appointment is made or; if being an individual or partnership the Customer suspends payment of his or their debts in whole or in part or; if an application has been made for an interim order or a petition has been presented for a bankruptcy order or if any such order is made or; if the Customer, whether or not a body corporate, shall carry out or be subject to any analogous act or proceedings under foreign law.
b) The Company shall be entitled to exercise the said rights of termination or suspension at any time during which the event or default giving rise thereto has not ceased or been remedied, and in the event of any such suspension the Company shall be entitled, as a condition of resuming delivery under any contract between it and the customer, to require prepayment of or such security as it may require for the payment of the price of any further delivery or work.
a) The rights of the Company or the Customer shall not be prejudiced or restricted by any indulgence or forbearance extended by either party to the other and no waiver by either party in respect of any breach shall operate as a waiver in respect of any subsequent breach.
- RETENTION OF TITLE
a) No title to or property in the goods shall vest in the Customer unless and until the Customer makes payment to the Company of:
i) the price of the goods
ii) all other sums due from the Customer to the Company on any other account or pursuant to any other Contract.
b) Until the such time as title or property in the goods passes to the Customer:
i) the Customer shall in all respects treat and deal with the goods as bailee of the company and shall store the goods so that they are readily identifiable as the property of the company.
ii) During such period (and without prejudice to its other rights) the Company and its employees and agents (with such plant and vehicles as the Company considers necessary) shall be entitled to enter the premises where the goods are located to inspect the goods and without prior notice to repossess, take away and sell the goods.
iii) the Customer shall not be entitled to dispose of the goods or any right, title or interests therein by sale or otherwise to any holding company or to any subsidiary of the Customer.
a) The Customer shall not, without the prior written consent of the Company, assign, transfer, charge, mortgage, sub contract, declare a trust of or deal in any other manner with all or any of its rights or obligations under the Contract.
- LAW AND JURISDICTION
a) No failure or delay by the Company in exercising any right, power or privilege under the Contract shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in the Contract are cumulative and not exclusive of any rights and remedies provided by law.
b) Either the Company or the Customer shall at the request and expense of the other or any of them execute and do any deeds and other things reasonably necessary to carry out the provisions of the Contract or to make it easier to enforce.
c) The Contract shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Company and the Customer other than the contractual relationship expressly provided for in the Contract. The Company and the Customer shall not have, nor represent that it has, any authority to make any commitments on the other’s behalf.
d)The Contract shall be governed by and construed in all respects in accordance with English Law.
e) The Customer on entering into the Contract submits to the exclusive jurisdiction of the English Courts.
f) The Condition headings are inserted for convenience only and shall not affect the construction of these conditions.
g) If any provision of the Contract is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from the Contract and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of the Contract.
Terms & Conditions of Purchase
All quotations requested and orders given, including those given verbally, or via e-mail, fax, post or other written format, are subject to the following Conditions of Purchase.
In these Conditions:
“the Company” means E. Farrington & Co. Ltd.
“the Contract” means the agreement under which the Supplier will or intends to fulfil the supply of goods and/or services set out in a Purchase Order placed by the Company.
“the Supplier” means any person, firm or corporation named in the quote request, or on the Purchase Order for the supply of Goods and/or services
“the Goods” means the Goods and/or services to be supplied to the Company by the Supplier under the Contract
- APPLICATION AND VARIATION OF CONDITIONS
a) These Conditions shall be incorporated in all Contracts for the purchase of goods and/or Services by the Company and shall prevail over any provision of the Suppliers quotation or Order acceptance which is inconsistent with them.
b) These conditions cannot be varied without the prior written agreement of the Company stating the variation and referring expressly to the Condition which is to be varied.
a) Time for delivery shall be as stated in the quotation.
b) Time for delivery shall be the essence of any contract.
- PRICE AND PAYMENT
a) The price stated in the quotation shall be exclusive of VAT.
b) The price stated shall be fixed and agreed for the duration of the contract. Where a price is to be agreed a quotation must be submitted by the supplier and a confirming order amendment issued prior to the rendering of an invoice.
c) The Company reserves the right to cancel any order if in the Company’s sole opinion it considers that the supplier’s obligations may not be met by the due delivery date. In this event any monies paid by the Company against this order will be repayable to the Company.
d) No payment will be made without receipt of a detailed statement.
e) The Company reserves the right to set off any liability incurred to the Supplier under this agreement against such sums as remain due and owing by the Supplier to the Company at the date when payment is due to the Supplier under this agreement.
a) Goods must be delivered carriage paid, to the works stated, at the supplier’s risk. In the case of overdue deliveries, the Company shall be entitled to claim delivery by the fastest possible means, at the supplier’s expense.
b) The time limit for the notification of any claims for goods damaged in transit and or discrepancies from any contract shall be a reasonable period not less than 30 working days from the date that the Company was in receipt of such damaged goods.
c) In the event of unsatisfactory or defective materials being supplied the supplier shall accept our additional charges for irrevocable machining and labour cost prior to the discovery of the fault or such cost incurred in rectification.
d) Delivery may be suspended at the Company’s request in the event of any unforeseen contingency arising after the date of the purchase order.
e) The date(s) of delivery of goods or completion of services stated in the Order is/are of the essence of the contract and liquidation damages at the rate of 1% per week shall be applied in the event of late delivery unless expressly agreed in writing by the Company.
f) Goods delivered must be accompanied by a delivery note listing such Goods in sufficient detail to enable inspection and checking to take place after delivery. No responsibility for payment will be accepted by the Company unless delivery notes have been signed by an authorized representative of the Company. The signature of any delivery note by or on behalf of the Company shall not imply that the Company has accepted any goods as regards quality or quantity.
g) Any faulty item or items delivered in advance of the due delivery date or in excess of the proper Order quantity may be returned by the Company at the supplier’s expense. Early delivery by the supplier and acceptance by the Company shall not entitle the supplier to early payment.
h) In the event of industrial dispute, strike, accident or other unforeseen contingency causing a stoppage of work or delay at the Company’s premises or on site, delivery may be suspended at the Company’s request for the duration of the same.
- OWNERSHIP AND RISK
a) Title to the goods shall pass to the Company when delivery has been made.
b) Risk shall pass to the Company on delivery of the goods or on receipt by the nominated party complete and in good condition.
c) Any parts free-issued by the Company shall remain at all times the property of the Company. In the event of damage or scrapping of any parts supplied by the Company the supplier shall be liable for the direct and indirect costs of repair or replacement at its expense.
a) The supplier shall not sub-contract the contract described in this purchase order either as a whole or in part to other Companies without the prior consent of the Company.
b) Where consent is given for sub-contract activities, the supplier shall ensure all applicable requirements identified within the purchase order including the company’s customer requirements, are flowed down to any sub-tier.
a) The supplier shall undertake to make good any part of the goods supplied which shall fail owing to defective materials, workmanship or design.
b) This guarantee shall be limited to those faults or failures notified to the supplier within twelve months of the date of receipt of the goods in good working order.
c) Repair or replacement of any defective part may be made without the express consent of the supplier, where the Company feels that such repair does not adversely affect the overall performance of the goods. Such action for the sake of expediency shall not terminate the supplier’s liability under any guarantee clause.
d) The Company shall reserve the right to charge the supplier for any such remedial work on presentation of evidence.
a) The law governing this contract, its application, performance and interpretation shall be English Law, venue England.
a) If at any time any question, dispute or difference shall arise between the supplier and the Company, the subject having been notified in writing by one party to the other party, the difference shall be referred to arbitration. The appointment of the arbitrators shall be one by the supplier and one by the Company.
a) The supplier shall be the subject to Quality Assurance auditing by the Company.
b) All goods shall be accompanied by the relevant delivery note, advice note release certificate and or certificate of conformity where required.
c) The Company reserves the right to inspect and progress work under the order, but such inspection shall not relieve the supplier from any responsibility or liability. The Company reserves the right of access at any level of the supply chain to allow its customers and relevant regulatory authorities, upon written request, to inspect work under the order.
d) The Company will have the power to reject any part of the goods or service which does not conform with the order.
e) The supplier shall notify the Company in writing of any non-conforming product that could have an impact on products / services in terms of quality, reliability or safety that have been previously supplied or yet to be supplied to the Company.
f) The supplier shall gain written approval from the Company for non-conforming product disposition.
a) The supplier shall indemnify the Company against all liability which the Company may incur to any other person whatsoever and against all claims, demands, proceedings, damages, costs and expenses made against or incurred by the Company by reason of any act, omission, breach of contract or breach of statutory duty of the supplier, his employees, sub-contractors or agents or otherwise in carrying out his obligations under the order or by reason of any defect in goods delivered or services supplied pursuant to the order.
- ADVANCE PAYMENTS
a) If under the terms of the order any part of the price is payable before delivery all material allocated to the order shall vest in the Company when it is so allocated. The supplier shall mark all such material as the property of the Company but shall be at the supplier’s risk until delivery.
- TOOLS AND PATTERNS
a) All tools, patterns, drawings, designs and documents supplied by or made available through the Company to the supplier or made by the supplier for or pursuant to the order shall remain or become the property of the Company and shall not be disclosed by the supplier to any other persons, firm or Company nor used by the supplier other than for implementing the order and shall be returned or delivered by the supplier to the Company upon completion of the order unless otherwise required.
- QUALITY SYSTEM & APPROVALS
a) Should the supplier lose or have withdrawn by the relevant authority any of its Quality Systems Approvals then the Company shall be informed at the earliest possible convenience.
b) Unless stated otherwise on the purchase order, the supplier shall carry out the work scope covered under the purchase order in accordance with their BS EN ISO 9001 Quality Management System Approval if applicable.
c) The supplier shall ensure all of their personnel used for the fulfilment of this purchase order are suitably qualified and competent to carry out their work activities. Any other specific qualification requirements of personnel will be recorded on the order.
d) Should the supplier undertake any changes in terms of product and / or process, changes of suppliers or changes of manufacturing facility location, then the company shall be informed prior to the work scope being undertaken. If the Company needs to authorise such changes (including changes of suppliers) prior to the purchase order work scope being undertaken, then the company will identify this requirement on the purchase order.
a) In the event of the supplier failing to comply with any provision of this order or becoming bankrupt or insolvent or having a receiving order made against it or compounding with its creditors or being a corporation commencing to be wound up other than for the purposes of reconstruction or amalgamation or carrying on its business under a receiver the Company may terminate this order forthwith by written notice without prejudice to any other rights of the Company.
b) The Company shall have the right to cancel this order at any time before actual production of the goods has commenced and in the event of such cancellation the Company’s liability shall be limited to the actual costs incurred by the supplier up
to the date of such cancellation.
a) The Company considers the protection of the environment to be an important part of the Company’s overall corporate strategy. For all activities undertaken by the supplier for the fulfilment of the work scope covered under this purchase order , the supplier is requested to minimise any negative effect on the environment and ensure all environmental legislation is complied with. To facilitate this, the Company encourages the supplier to consider implementing an environmental management system.
a) Unless stated otherwise on the purchase order, all materials procured by the supplier or authorised sub-contractor for the fulfilment of the work scope covered under this purchase order, shall be procured from BS EN ISO 9001 approved suppliers. The approving authority whom has issued the BS EN ISO 9001 certificate to the supplier must be UKAS registered.
b) Unless stated otherwise on the order, the supplier shall obtain and maintain copies of material certification in accordance with BS EN 10204 for all material procured in support of the work scope covered under this purchase order and shall supply copies of 3.1 Certificates with all delivered stainless Steel products
- RECORD RETENTION
a) Unless stated otherwise on the order, the supplier shall maintain copies all product / service and management system records related to the scope of work covered under this purchase order for a minimum period of 7 years.
b) The supplier shall ensure such records are legible and stored in a manner to ensure they are protected from damage or deterioration and will be made available to the Company upon request.
- REACH REGULATIONS
a) The supplier shall ensure that chemical substances constituting or contained in products supplied to the Company are not restricted under Annex XVII of Regulation EC No 1907/2006-REACH including all subsequent amendments (Registration, Evaluation, and Authorisation of Chemicals). Article 33 of the European REACH Regulation (EC 1907/2006) requires manufacturers within the European Economic Area (EEA), or any importer or distributor into the EEA to provide their customers with specific information where they are supplying articles (parts/products) that contain Substances of Very High Concern (SVHCs) in a concentration above 0.1 % by weight. SVHCs are placed on the European Chemicals Agency’s (ECHA) Candidate List.
- ROHS DIRECTIVE
a) The supplier shall ensure that in respect of any products supplied to the Company under the order are done so in accordance with ROHS Directives 2011/65/EU and 2015/863/EU, and can certify that the components and products produced by them contain less than the maximum prescribed levels of the substances such as are from time to time prescribed in the relevant legislation.
21. HUMAN RIGHTS, ETHICAL AND CORPORATE RESPONSIBILITY
In addition to complying with any national and other applicable law, the Company requires the Supplier to ensure that all employees and those of its supply chain are to be treated with respect, and their health, safety and basic human rights must be protected and promoted, and to meet the following minimum standards:
a) There shall be no discrimination in hiring, compensation, access to training, promotion, termination or retirement based on but not limited to race, caste, national origin, religion, age, disability, gender, marital status, sexual orientation, union membership or political affiliation.
b) (i) All employees shall be free to choose their employment and shall not be forced to work against their will: There shall be no forced, bonded or involuntary prison labour or human trafficking, and shall be free to leave their employment after reasonable notice
(ii) Employees shall not be required to pay to work but must provide proof of eligibility to work. No original identity papers shall be retained by the employer.
c) (i) A safe and hygienic working environment shall be provided, with adequate steps shall be taken to prevent accidents and injury to health; and access to clean toilet and sanitary facilities and to potable water shall be provided and shall be adequate for the employee numbers.
(ii) Employees shall receive regular health and safety training and records shall be kept of accidents, injuries and known exposure to health and safety risks at work in accordance with relevant legislation.
d) (i) Wages and benefits paid for a standard working week shall meet, at a minimum, national legal standards.
(ii) All workers shall be provided with written and understandable information about their employment conditions including wages before they enter employment and about the particulars of their wages for the pay period concerned each time that they are paid.
(iii) Working hours shall comply with all national laws and benchmark industry standards, whichever affords greater protection and; Employees shall be given reasonable breaks while working and sufficient rest periods between shifts.
e) (i) No child under the age of 16 shall be employed in a role that does not comply with the relevant International Labour Organisation standards or any work that is likely to be hazardous or to interfere with the child’s or young person’s education or to be harmful to their health or physical, mental, spiritual, moral or social development.
f) (i) Employees, without distinction, shall have the right to join or form trade unions of their own choosing and no employee shall be dismissed solely because of their affiliation to a trade union. There shall be an open attitude towards the activities of trade unions and their organisational activities and Employee representatives shall not be discriminated against and shall have access to carry out their representative functions in the workplace.
(ii) Where the right to freedom of association and collective bargaining is restricted under law, the employer shall facilitate, and not hinder, the development of parallel means for independent and free association and bargaining.
g) Physical, verbal, sexual or psychological abuse or harassment, the threat of physical abuse, sexual or other harassment and other forms of intimidation shall be prohibited.
h) (i) Bribery shall not be committed under any circumstances: A bribe must never be offered, promised, given, asked for or accepted.
(ii) Bribes can include payments or anything of value, that are intended to influence someone or induce them to act improperly and include Facilitation payments, gifts, complimentary arrangements, hospitality, entertainment or favours which might place you under an obligation or could reasonably be viewed as improperly influencing business transactions must not be accepted.
i) All suppliers must comply with money laundering prevention laws.
j) All persons are encouraged to report suspected wrongdoing as soon as possible, and with the knowledge that their concerns will be taken seriously and investigated as appropriate and that their confidentiality will be respected.
k) The Supplier is required to disseminate these values throughout their own supply chain. The Supplier shall ensure their personnel are aware of the importance of ethical behaviour.
l) By acceptance, completion and delivery of the Company’s Order, the Supplier thereby acknowledges the above standards and certifies compliance with the same.
m) In the event of non-compliance with the above standards, we expect our suppliers to be committed and engaged in remedying the issue within a reasonable time-frame. The Company reserves the right to terminate any agreements should a supplier decide that compliance with these standards are impossible or where a supplier shows repeated disregard for these provisions or remedying non-compliance.