Common use of REQUIREMENTS FOR THE SUPPLIER Clause in Contracts

REQUIREMENTS FOR THE SUPPLIER. WE EXPECT, English and/or German in verbal and written communication with us. WE EXPECT, our suppliers to list the following information on their invoices: ⮚ the legally prescribed mandatory components of the ordering voestalpine plant, ⮚ the voestalpine purchasing document number (delivery schedule, order, etc.), ⮚ the date of the purchasing document, ⮚ the name of the ordering party, ⮚ the voestalpine parts or item number, ⮚ the invoiced quantity with unit of measure, ⮚ the supplier’s delivery slip number with the delivery date. In general, the date the invoice is received by voestalpine shall be controlling in calculating the payment period and the discount. We reserve the right to add a charge for missing or inaccurate delivery slip or invoice information in the amount of our actual additional expenses. WE EXPECT, our vendors, waste disposal companies and all other contractors to actively support us in engaging in our environmental activities: from order acceptance through to final waste disposal. WE EXPECT, our suppliers to handle raw materials, products, packaging and waste in a proper and environmentally conscious manner. WE EXPECT, our suppliers to commit to comply with all environment- and energy-related statutory provisions, particularly to comply with the bans on certain substances (such as those listed in 2000/53/EC End- of-Life Vehicle Directive) and to confirm non-use of banned substances in writing. Substitutions of substances must be reported to voestalpine by making an entry in the IMDS database and having it approved, if necessary. WE EXPECT, the responsibilities and authority of all persons with environment-related tasks in collaboration with voestalpine be disclosed and documented. WE EXPECT, our suppliers to make effective use of the necessary resources during the implementation of the Supply Contract, particularly of materials, energy and water, and to minimize the environmental impact, particularly with respect to waste, wastewater, and air and noise pollution. This also applies to the expense of logistics/transport. The supplier must, upon request, provide voestalpine with the following information for its entire annual order volume with voestalpine and voestalpine’s affiliated companies so that a quantitative evaluation of the supplier’s resource efficiency can be made: ⮚ Total energy use in MWh, ⮚ CO2 emissions from energy generated by itself and third parties in tons, ⮚ Total water consumption in m3, ⮚ Process wastewater in m3, ⮚ Waste to be removed in tons, ⮚ Waste for recycling in tons, ⮚ VOC (volatile organic compound) emissions in tons. WE EXPECT, the employees of suppliers/third-party companies to follow voestalpine’s internal rules and regulations on occupational safety and environmental protection when on voestalpine’s business premises. Appropriate agreements in this regard must be confirmed in advance in writing. WE EXPECT, our suppliers to declare their willingness to introduce a certified environmental management system commensurate with future developments/customer demands. The check list entitled “Environmental management for suppliers and service providers” is part of the procurement documentation and must be filled out, signed and returned to the Procurement Department within 5 days.

Appears in 2 contracts

Samples: Quality Assurance Agreement, Quality Assurance Agreement

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REQUIREMENTS FOR THE SUPPLIER. WE EXPECT, English and/or and/ or German in verbal and written communication with us. WE EXPECT, our suppliers to list the following information on their invoices: the legally prescribed mandatory components of the ordering voestalpine plant, the voestalpine purchasing document number (delivery schedule, order, etc.), the date of the purchasing document, the name of the ordering party, the voestalpine parts or item number, the invoiced quantity with unit of measure, the supplier’s delivery slip number with the delivery date. In general, the date the invoice is received by voestalpine shall be controlling in calculating the payment period and the discount. We reserve the right to add a charge for missing or inaccurate delivery slip or invoice information in the amount of our actual additional expenses. WE EXPECT, our vendors, waste disposal companies and all other contractors to actively support us in engaging in our environmental activities: from order acceptance through to final waste disposal. WE EXPECT, our suppliers to handle raw materials, products, packaging and waste in a proper and environmentally conscious manner. WE EXPECT, our suppliers to commit to comply with all environment- and energy-related statutory provisions, particularly to comply with the bans on certain substances (such as those listed in 2000/532000/ 53/EC End- of-Life Vehicle Directive) and to confirm non-use of banned substances in writing. Substitutions of substances must be reported to voestalpine by making an entry in the IMDS database and having it approved, if necessary. WE EXPECT, the responsibilities and authority of all persons with environment-related tasks in collaboration with voestalpine be disclosed and documented. WE EXPECT, our suppliers to make effective use of the necessary resources during the implementation of the Supply Contract, particularly of materials, energy and water, and to minimize the environmental impact, particularly with respect to waste, wastewater, and air and noise pollution. This also applies to the expense of logistics/transport. The supplier must, upon request, provide voestalpine with the following information for its entire annual order volume with voestalpine and voestalpine’s affiliated companies so that a quantitative evaluation of the supplier’s resource efficiency can be made: Total energy use in MWh, CO2 emissions from energy generated by itself and third parties in tons, Total water consumption in m3m 3, Process wastewater in m3m 3, Waste to be removed in tons, Waste for recycling in tons, VOC (volatile organic compound) emissions in tons. WE EXPECT, the employees of suppliers/suppliers/ third-party companies to follow voestalpine’s internal rules and regulations on occupational safety and environmental protection when on voestalpine’s business premises. Appropriate agreements in this regard must be confirmed in advance in writing. WE EXPECT, our suppliers to declare their willingness to introduce a certified environmental management system commensurate with future developments/developments/ customer demands. The check list entitled “Environmental management for suppliers and service providers” is part of the procurement documentation and must be filled out, signed and returned to the Procurement Department within 5 days. WE EXPECT, the supplier to permit and support the execution of environmental audits, insofar as voestalpine considers them necessary. WE EXPECT, our suppliers to commit to comply with all environment-related provisions of law, particularly with registration obligations (under REACH Regulation 1907/ 2006 EC) and comply with bans on certain substances. Substitutions of substances must be reported to voestalpine for approval, if necessary. WE EXPECT, the requirements of EU Directive 2013/ 59/ Euratom (radioactivity) to be implemented. WIR ERWARTEN, active support for our efforts to avoid unnecessary energy consumption and the development of savings potential, and we hereby place you on notice that your offers and services will also be evaluated from this standpoint. For this reason, we ask suppliers of machines and systems to provide an objective description of their energy efficiency when making an offer, accompanied by a separate energy efficiency calculation and a recommendation of possible state subsidies. WE EXPECT, our recycling service providers and waste disposal companies to ensure that products that deviate from the approved product or process do not re-enter the economic cycle but are rendered unusable before they are disposed of. Our recycling service providers and waste disposal companies are obliged to document the process for evidentiary purposes. voestalpine will approve waste disposal if the customer has approved it. This only applies if defective products cannot be reworked or repaired. WE EXPECT, the supplier to conduct regular stock-taking and make a timely report to voestalpine. Since we supply materials or parts to the supplier for further processing free of charge, voestalpine can demand that a stock-take is made several times per year. In each case, the supplier shall perform the stock-taking free of charge. voestalpine reserves the right to invoice the supplier for the manufacturing costs of the resulting differences. Inventories must be reported in the specified time period and form. The relevant department will file an official quantity-related complaint with respect to return deliveries of inventory supplied by voestalpine for outsourced processes with a process-related deviation of more than 1%. However, the maximum difference rate in the 12-month time horizon shall be limited to 0.5%. voestalpine reserves the right to review all cases and invoice the supplier for the manufacturing costs of the resulting difference. In general, every assembly and every delivery will be evaluated individually. Cumulation is generally not permitted. voestalpine must be informed of any special rules that may be necessary when the offer is made, and they must be agreed upon in writing. WE EXPECT, the supplier to assume its social responsibilities and to ensure a sustainable positive development on an economic, social and ecological level. It is important to voestalpine that businesses take into account their social responsibilities to their own employees and to society at large. This applies to voestalpine itself as well as its vendors. voestalpine and its vendors are committed to compliance with the principles and rights adopted by the International Labor Organization (ILO) in the “Declaration of fundamental principles and rights at work” (Geneva, 06/ 98), the UN guidelines in the Global Compact Initiative (Davos, 01/ 99) and the UN guiding principles for human rights and business (2011) and the Millennium Development Goals (MDGs) of 1st January 2016. "voestalpine is committed to upholding human rights in accordance with the UN Charter and the European Convention on Human Rights. Since 2013, voestalpine has supported the UN Global Compact (UNGC), whose ten principles include the promotion of human rights alongside labour standards, environmental protection and anti-corruption." The following principles are of special improtance:  respect for human rights, as well as ensuring that we as voestalpine and our supply partners are not directly or indirectly involved in human rights violations,  prohibition on child labor and forced labor,  positive and negative freedom of association, that means recognise the rights of their workers to form a union and bargain collectively,  no discrimination on the basis of gender, race, ethnic origin, religion or ideology, membership in a trade union or the like, disability, age, sexual identity, nationality, marital status, political views, veteran status, or other characteristics protected by local law,  compliance with requirements relating to occupational safety and health protection,  protection against arbitrary personnel measures taken on an individual basis,  ensuring employability through training and continuing education,  compliance with socially acceptable working conditions,  creating conditions that permit employees to enjoy an adequate standard of living,  compensation that enables viable existence, including participation in social and cultural events,  implementation of equal opportunity and family-friendly conditions,  protection of indigenous rights,  Abatement all forms of corruption, prohibit bribery and extortion,  compliance with applicable laws and regulations.  Due diligence on environmental issues,  Adaption of a great responsibility for the environment through appropriate initiatives and  Development and dissemination of environmentally friendly technologies. We expect of our suppliers to take appropriate measures and act proactively to promote economically, socially and ecologically valuable objectives and to avoid and prevent violations of protection and rights, including discrimination, corruption, bribery and extortion. It is the responsibility of the supplier to ensure that its subcontractors also meet these expectations and act accordingly. WE EXPECT, compliance with IMPLEMENTING REGULATION (EU) 2015/ 2447 and expect our suppliers to commit to declare the originating status of their goods and services on a permanent basis. This declaration must be in the proper form and cover the entire scope of the delivery and the maximum possible time frame. Goods and services without preferential origin must also be listed, but separately. We take it as a given that our suppliers will always pay their employees on time and at least the full amount of the minimum wage and comply with the additional provisions of the German Minimum Wage Act (MiLoG). Our suppliers also agree to take suitable measures to ensure that the subcontractors they commission also comply with the provisions of the German Minimum Wage Act (MiLoG). voestalpine shall be entitled to request proof of compliance with these provisions at any time. Our suppliers shall indemnify voestalpine against all claims of third parties based on a breach of obligations under the German Minimum Wage Act (MiLoG). Our suppliers shall also be liable to voestalpine for any loss that is suffered due to non-compliance with the obligations under the German Minimum Wage Act (MiLoG) by the supplier and any subcontractors commissioned by the supplier. WE EXPECT, our customers’ requirements with respect to supplier product safety officers (based, e.g., on Formula Q-Concrete) to be met by our suppliers, regardless of whether quantities are currently being delivered to the respective customers. The tasks and requirements for this function can be handled by one or more qualified designated persons or by a responsible department (plant management, head of Quality Assurance). Until an explicit designation is made, management is required to handle this function personally. WE EXPECT, our suppliers, which are certified in accordance with DIN EN ISO 9001, to seek certification in accordance with IATF 16949 or, at least, to show evidence of this by taking suitable measures and submit an implementation plan for the certification on request. WE EXPECT, our suppliers agree to meet the requirements and customer specifications listed herein and the additional requirements listed below. If sub-suppliers are included, the supplier must also commit them accordingly:  all legal and official requirements  IATF 16949 (latest version)  ISO 9001 (latest version)  VDA volumes (latest version)  Latest versions of the AIAG manuals (APQP,PPAP,FMEA,SPC,MSA,CQI etc.)  corresponding technical drawings, CAD data, technical specifications and requirements specifications  voestalpine's site-specific supplier requirements  OEM/ Tier1/ customer specific requirements  other applicable national/ international standards WE EXPECT, our suppliers are willing to implement lean and enable efficient business processes. Our supply partners must be able to support electronic data exchange via standard or web EDI systems. WE EXPECT, that our suppliers consistently comply with foreign trade regulations and laws. We therefore request that you always provide us with the customs and export control data for the products supplied to us. We require the following information on your delivery documents (invoices or delivery notes) alternatively as a separate statement on a separate form (annual declaration). • Customs tariff number (8 Positioner) • Country of origin (according to the IPC) alternatively according to preferential law • Export control (Dual Use/US Law) • Preferential law (Individual supplier declaration on the invoice or annual declaration) • Reach/ UN classification for chemical products • AALA (Origin of the Automotive Industry) if available (You or your upstream supplier, the one who knows the technical parameters of the products and is therefore in a position to provide information to whether or not a product is included in the Export List or the Dual Use Regulation; requires a written statement. This statement is to be declared in writing as a direct contractual partner to the customer voestalpine. If the goods are recorded there, the export from the EU is subject to authorisation. A dual use classification marking within the EU is also required if the movement of goods takes place within the EU). Please name a contact person in your company for clarification of any queries. At our request, we shall ask the supplier to provide us in writing with all further foreign trade data relating to its goods and their components, and to inform us in writing without delay (prior to delivery of the goods concerned) of any changes to the data already provided. voestalpine AG’s Compliance Guidelines are a binding component of all our contracts and agreements (Available online at: http:// xxx.xxxxxxxxxxx.xxx/ group/ de/ konzern/ compliance/).

Appears in 2 contracts

Samples: Quality Assurance Agreement, Quality Assurance Agreement

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