Code of conduct

INTRODUCTION

ATD MACHINERY makes every effort to be an attractive business partner and builds reliable and honest relationships that work to the advantage of both ATD MACHINERY and its suppliers. ATD MACHINERY expects from its suppliers expertise and continuous improvement in quality, cost control, innovation and reliability.
The ATD MACHINERY Code of Conduct (‘Code’) describes the values ATD MACHINERY implements worldwide.
ATD MACHINERY expects suppliers to adhere to the conditions set out in the Code when doing business with ATD MACHINERY, its employees and suppliers, as well as with third parties and others.

  1. COMPLIANCE WITH THE LAW

The supplier must comply with all applicable laws and regulations, including all export laws and international trade restrictions.
The Code does not supersede or replace in any way the applicable laws and regulations, but establishes minimum rules of conduct that must be observed. If the supplier is unable to comply with the Code due to laws and regulations, it must, as far as reasonably possible, act in the spirit of the Code.
If local customs and practices are in conflict with the Code, the supplier is expected to comply with the Code.

  1. BUSINESS INTEGRITY

2.1 Ethical behaviour

The supplier must in all cases act ethically and must respect human rights in the spirit of internationally recognised standards.

2.2 Prohibition clause on corruption

ATD MACHINERY expects its suppliers to adopt a zero tolerance policy towards bribery and corruption.
The supplier warrants that its directors, employees and third parties acting on its behalf will not offer, promise or accept bribes or improper payments to acquire new orders, continued existing orders or to obtain other improper benefits. In particular, the supplier must not engage in any form of bribery or commission payment, or offer any compensation to ATD MACHINERY employees, their families or their friends for obtaining or retaining business.
Customary and reasonable business representative gifts including giving gifts and business hospitality (such as entertainment, business lunches and small gifts) are permitted, provided they fall within the scope of applicable law.
The supplier must not offer business representation gifts to an ATD MACHINERY employee or his or her family in a situation that may influence or appears to influence the employee’s decision with respect to the supplier. The supplier must therefore show reticence in offering business gifts to ATD MACHINERY employees and their families. Business entertainment gifts must be reasonable in intent, value and quantity, and must reflect local business practices. Money or its equivalent, such as gift vouchers, must never be offered.

2.3 Conflict of interest

The supplier shall refrain from any interaction with ATD MACHINERY employees that conflicts or appears to conflict with the duty of that employee to act in the interest of ATD MACHINERY. The supplier is required to disclose any conflict of interest or situations that may give the impression of a conflict of interest during business cooperation with ATD MACHINERY. The supplier must inform ATD MACHINERY of any financial or other interest in the supplier held by ATD MACHINERY employees or their families. The supplier must also inform ATD MACHINERY if an ATD MACHINERY employee or a member of his immediate family has a managerial position at the supplier or works for the supplier, which leads or may lead to a conflict of interest or the appearance of a conflict of interest.

2.4 Fair competition

The supplier must compete fairly in compliance with all laws and regulations applicable to competition. For example, the supplier must not enter into an agreement with competitors to raise prices or reduce the availability of products.

  1. WORK AND HUMAN RIGHTS

3.1 Antidiscrimination

The supplier must treat its employees equally and fairly. When hiring or promoting employees, the supplier must not discriminate against employees on the basis of gender, age, religion, marital status, sexual orientation, political opinion or national or ethnic origin, or on the basis of any other characteristic unrelated to the qualifications or requirements associated with the position.

3.2 Child labour and forced labour

The supplier must under no circumstances use child labour or forced labour or subcontractors or suppliers who use such labour.

3.3 Respect and dignity

The supplier must treat its employees with respect and dignity and ensure that employees have a working environment free from abuse and harassment. The supplier must not permit any form of abuse or harassment of employees, directly or indirectly, physically or verbally.

3.4 Salary and benefits

The supplier must ensure that the remuneration paid to employees complies with all applicable salary legislation, including that for minimum wages, overtime and compulsory employment conditions.

3.5 Freedom of association

The supplier must respect the right of association and collective bargaining of employees in accordance with the applicable laws and regulations.

  1. HEALTH AND SAFETY

The supplier must provide its employees with a healthy and safe working environment in accordance with the applicable laws and regulations.
The supplier’s employees must be provided with adequate health and safety information, training and material. The supplier must also have an effective safety policy that includes at least safety, emergency plans and exposure to hazardous chemical and biological substances.
Employees of the supplier must never be under the influence of alcohol or drugs during work for ATD MACHINERY.

  1. THE ENVIRONMENT

The supplier will take all reasonable measures to protect the environment and to minimise the impact of its activities and products on the environment. In particular, the supplier must obtain and continue to comply with all the environmental permits, permissions and registrations required for its business operations.
The supplier must monitor and supervise water drainage, air discharge and other waste from the business operations and provide adequate after-treatment. The supplier must reduce waste flows as much as possible.
The supplier must have an adequate and systematic plan of action to address environmental aspects including, where appropriate, an appropriate environmental management system. The supplier must comply with all applicable environmental legislation and regulations and the requirements set by ATD MACHINERY concerning the prohibition or restriction of specific substances.
The supplier is encouraged to determine the CO2 emissions for its products.

  1. INTELLECTUAL PROPERTY RIGHTS AND PUBLICITY

The supplier must comply with all applicable laws and international treaties of intellectual property law. The supplier must not infringe the intellectual property rights of ATD MACHINERY or third parties.
The supplier is not entitled to make public its cooperation with ATD MACHINERY or to use the ATD MACHINERY trademark without prior express written permission from ATD MACHINERY.

  1. COMPLIANCE

The supplier must regularly check whether it still complies with the Code.
The supplier shall provide ATD MACHINERY, upon request, with access to all relevant information and documentation required to verify compliance with the Code by the supplier. If ATD MACHINERY has reason to believe that the supplier is not complying with the Code (for example, through media reports), an inspection of the company premises may be undertaken by ATD MACHINERY or an independent auditor to verify compliance with the Code.
If ATD MACHINERY reasonably concludes that the supplier was in fact not complying with the Code, ATD MACHINERY will be entitled to terminate the business agreement with the supplier with immediate effect.
If the supplier has reasonable concerns that something is not in line with the Code, it must notify ATD MACHINERY to this effect. We encourage the supplier to discuss this with the ATD MACHINERY management.

  1. APPLICABILITY
    By agreeing to cooperate with ATD MACHINERY, the supplier confirms that it and its affiliates will comply with the Code. In this Code, the term ‘affiliate’ refers to a company that is managed by the supplier, that controls the supplier or that is managed together with the supplier.
    The supplier guarantees that its suppliers, subcontractors, consultants and partners will comply with the Code.

Read and Agreed

Town/city: Date:

Company name:
Signature:

Trade Register number: