SUPPLIER PORTAL – Supplier code of conduct

ENTRY

The Company Bergman Engineering sp. z o.o., as a socially responsible entrepreneur, makes every effort to conduct business with respect for human rights, working standards, occupational health and safety, environmental protection and business ethics. We also expect our Suppliers to be guided by the principles of responsible business and sustainable development, and to maintain equally high ethical standards. This Supplier Code of Conduct is the foundation on which relationships based on trust, integrity, respect for human rights and compliance with the law are built. The Code describes minimum standards for business ethics and sustainability and aims to promote ethical values in the supply chain of products and services.

We expect our Suppliers to ensure that the principles adopted by us and described in this Code will be applied and complied with by them. Compliance with the principles set out in this Code at all levels of mutual cooperation is an important factor for the selection and qualification of Suppliers. By presenting this Code, we want to support our Suppliers in building awareness and developing ethical practices also with further participants in the supply chain of products and services.

By entering into cooperation with Bergman Engineering, the Supplier undertakes to comply with and apply the principles and obligations set out in this Code, as well as to ensure that its own suppliers and subcontractors comply with all the principles contained in the Code and the applicable laws, regulations and contractual provisions throughout the supply chain and the provision of services.

Serious violations of the principles set out in this Code by the Supplier or its subcontractor shall be treated by Bergman Engineering as a breach of contractual obligations and shall result in the consequences specified in the Agreement, including its termination and resignation of cooperation.

This Code is addressed to Suppliers, subcontractors, partners and service providers (jointly referred to as the Supplier/Suppliers) and contains a set of the basic obligations that Bergman Engineering expects to meet in terms of:

Human Rights and Working Standards
Occupational Health and Safety and Employee Health Protection
Environment Protection and Ecological Development
Business Ethic
Whistleblowing and Protection against Retaliation
Liability

HUMAN RIGHTS AND WORKING CONDITIONS

The Company Bergman Engineering respects all human rights in accordance with the guidelines of the United Nations Universal Declaration of Human Rights, as we recognize that human rights are fundamental and indisputable principles to which every human being is entitled. Therefore, we expect our Suppliers to respect human rights and treat employees with dignity and respect. The scope of the Supplier’s obligations includes the following issues:

Child labour and young workers. Our Suppliers will not employ children and juveniles workers, or support the use of children and juvenile labor in any form throughout the supply chain. Child labor is prohibited even if such practices are permissible in locations under another jurisdiction. Employment of young workers is permissible only if it is allowed by the applicable regulations and only for the purpose of preparing for work or performing light work in compliance with all regulations, m.in. in the field of working time and rest.
Wages and benefits. The Supplier agrees to comply with employment standards regulations, including minimum wage, all government-mandated benefits, overtime pay, sickness (medical) pay, and ensures that wages exceed minimum requirements and are paid on time.The Supplier ensures that the wages paid to employees complies with applicable laws and that employees receive all legally required benefits and additional compensation components. We expect the Supplier to ensure that the wages paid to employees meet the needs of employees and their families and enable them decent standard of living.
Working hours. The Supplier agrees to comply with all laws and regulations of the country in which it operates with regard to working hours and working time, maximum overtime, provision of adequate rest and breaks during work, vacations, legally required absences from work, consideration of special regulations for certain groups of employees, in particular pregnant women and disabled employees. The Supplier undertakes to ensure that overtime work is voluntary.
Modern slavery and forced labour. The Supplier prohibits any form of forced or compulsory labour, forced overtime, work beyond established standards, human trafficking, obtaining an employee for forced labor using force, fraud or extortion, under the menace of penalty, retention of identity documents as well as all forms of modern slavery subject the provisions of the Modern Slavery Act 2015. The Supplier also prohibits indirect benefiting from such illegal activities. The Supplier does not require its employees or associates to remain employed against their will and does noy apply practices limiting the possibility of terminating the employment relations
Ethical recruitment and employment. The Supplier undertakes to recruit and hire employees in accordance with applicable laws in a fair, transparent and human rights-compliant manner. Recruitment and promotion should be based on competence, qualifications, skills and experience. The Supplier prohibits recruiting employees in a manner that is misleading as to the nature of future work, charging any recruitment fees or fees related to taking and legalizing employment to a candidate or employee. Each employee of the Supplier shall, prior to employment, be provided with a set of documents regulating his rights and obligations in the manner prescribed by applicable regulations and in a language he understands. As a condition of employment, no original documents of the employee, including identity documents, may be retained.
Freedom of association and collective bargaining. The Supplier complies with applicable laws regarding the freedom of association, unionization, and non-unionization of employees, as well as the formation and joining of trade unions and the collective bargaining of terms and conditions of employment. The Supplier shall not take any negative action or reprisal against persons who belong to or refuse to join trade unions or labor organizations. Trade unions and labor organizations and their members shall be treated with due respect.
Prohibition of abuse, intimidation and harassment. The Supplier shall provide a friendly work environment free from undesirable behavior and shall prohibit in the workplace any discriminatory actions, intimidation, harassment, sexual harassment, verbal and physical aggression, unfair, cruel and inhuman treatment, violence and any other form of abuse of power. Any physical violence, psychological violence, sexual abuse, as well as any form of harassment, bullying, threats or corporal punishment is prohibited. The Supplier ensures that its employees are not harassed or discriminated against in any way.
Non-discrimination. The Supplier provides equal opportunities for all employees and fair treatment regardless of their individual characteristics. The Supplier does not tolerate any form of discrimination, harassment, exclusion or inequity in terms of remuneration based on sex, race, skin colour, ethnic, national, social origin, genetic features, language, religion or belief, political or any other opinions, membership in national minority, property, birth, disability, age or sexual orientation, membership in trade unions associations, organizations or political parties. The Supplier shall make effort to be an attractive employer by recruiting, employing and remunerating the best professionals solely on the basis of their merit and competence, without any discrimination. The Supplier’ employees working in the same or similar positions should receive fair and adequate remuneration for the same work or work of equal value taking into account local labor markets and local living cost.
Women’s rights. The Supplier undertakes to promote and respect equal opportunities for women and men, to counteract any inequality and discrimination based on gender, applying, among other things, non-discriminatory principles in determining wages, allowances and other benefits and advantages for women and men, and undertakes to ensure equal opportunities for women in employment in particular by following only objective criteria.
Diversity, equality and inclusion. We expect our Suppliers to promote and develop a culture of inclusion equality and diversity in the workplace, to respect the cultural distinctiveness of each employee, to value the aptitude and competence of each employee and their individual contributions to the company. Any form of discrimination or exclusion is unacceptable. Suppliers should support diversity at all levels of the workforce including management.
Rights of minorities, local communities and indigenous people. The Suppliersrespect the rights of minorities, indigenous people, and local communities in which they operates in accordance with national and international standards, respecting the rights of local communities to decent living conditions, education, employment, social activities, as well as the right to Free, Prior and Informed Consent to developments that may affect on them or their surroundings, with particular consideration for the presence of the vulnerable groups.
Land, forest and water rights, forced eviction. Suppliers agree to avoid forced evictions, depriving the population of land, forests and access to water, when acquiring, using land, forests and water for their business activities.
Private or public security forces. If our Supplier uses private or public security forces for the protection of its business projects, persons or property, we expect that the use of such forces will be done responsibly, with respect for human rights and without prejudice to the dignity and rights of employees and local communities, and that the security forces personnel will be properly trained and dully controlled.

OCCUPATIONAL HEALTH AND SAFETY AND PROTECTION OF WORKERS’ HEALTH

We expect our Suppliers to provide their employees with safe, hygienic and humane working conditions that ensure an appropriate work-life balance. In particular, the Supplier undertakes:

Provide its employees with a safe and healthy working environment in accordance with the laws of the country where they operate and health and safety rules and practices, taking into account the industry in which they operate.
Provide its employees with regular health and safety training required by law, as well as properly document it. Employees should be properly prepared to perform their duties and be protected from physical, chemical and biological hazards.
Provide its employees with free medical care and regular examinations required by the laws of the country of business activity.
Identify threats to health and life, assess occupational risks, prevent accidents at work, identify potentially dangerous situations, take appropriate preventive measures and rapid response plans and procedures in emergency situations, which ensure an efficiently functioning first aid system, fire protection system and the means necessary to provide it.
Regularly and on an ongoing basis control of health and safety in the workplace and for this purpose implement an internal system of analysis of hazards and risks in order to minimize the possibility of accidents at work and incidents and, if they occur, to investigate their causes and minimize the risk of their recurrence.
Provide employees with appropriate working conditions, including, m.in others, lighting and air circulation in the workplace, access to clean water, access to sanitary facilities, and provide personal protective equipment and train employees in their use.

Provide a fire protection system and fire protection measures in the workplace.
Familiarize employees with the rules of movement in the workplace, emergency exits, fire protection system, alarm system and evacuation procedures.
Regularly organise fire safety drills for employees, covering theoretical and practical aspects of fire management and the use of protective equipment, evacuation drills to ensure that all employees are familiar with evacuation procedures and can apply them in practice.
Train employees in the use of machinery and equipment and ensure that operating instructions are available in a language that the employee understands.
Have legally required licenses, permits in the field of business activity, as well as certificates and current inspections of machinery and equipment.

ENVIRONMENT PROTECTION

The Supplier undertakes to conduct its business with respect for the natural environment and to minimize its negative impact on the ecosystem, taking into account the needs of both modern society and future generations. The Supplier is obliged to conduct its business in accordance with applicable environmental protection regulations and standards, to effectively use natural resources through their sustainable sourcing, to minimize the use of hazardous materials, to apply measures for the protection of the environment and natural resources, to rationally use electricity, heat and water, to reduce waste generation and to promote its reuse and recycling, to reduce emissions air and water pollution, reduce noise levels, invest in energy-saving equipment and environmentally friendly technologies, eliminate the risk of environmental failure through constant monitoring of equipment and installations, reduce the nuisance of conducting business for local communities, educate employees in the field of environmental protection and shape pro-ecological attitudes. The Supplier’s environmental adherence include:

Compliance with environmental regulations and rules. The Supplier undertakes to comply with all applicable environmental laws, regulations and recommendations, to have all permits and licenses required to conduct business as well as certificates and approvals of machinery and equipment.
Greenhouse gas emissions, GHG emissions reporting, decarbonization, renewable energy, energy efficiency. The Supplier should make efforts to reduce greenhouse gas emissions contributing to environmental pollution by increasing energy efficiency, using technologies enabling the widest possible use of renewable energy sources, using energy-efficient machinery, equipment and systems protecting against heat loss, ensuring effective insulation, preventing its unnecessary consumption or loss, and enabling its recovery, take actions consisting in rational management of electricity, heat and fuels, so as to reduce their consumption without deteriorating the functioning of the company and the comfort of work of employees. Where applicable and where required by applicable law, Supplier shall also be required to regularly monitor, control and report greenhouse gas emissions and assess the environmental impact of emissions and pollutants, as well as to reduce them appropriately in accordance with requirements and applicable law.
Rationalization of water consumption and protection of its quality. The Supplier is obliged to make efforts to minimize water consumption in business processes through the use of low-consumption water-saving devices and technologies, economical sanitary systems, regularly control and monitor the condition of installations and equipment in order to prevent failures, ensure its reuse if possible, as well as promote pro-ecological attitudes and practical knowledge in the field of rational management among its employees water consumption in order to reduce its consumption.
Protection of air quality. The Supplier is obliged to take active measures to protect air quality by using equipment in its business operations that ensure the lowest possible emission of pollutants, reduction of GHG emissions by increasing the energy efficiency of the company, and use technologies that enable the widest possible use of renewable energy sources. Where applicable and where required by applicable law, the Supplier shall regularly monitor, control and report pollutant emissions, assess the impact of emissions contributing to air pollution and appropriately reduce pollutant emissions in accordance with requirements and applicable law.
Sustainable resources management. The Supplier is committed to practicing the sustainable management of natural resources, with a view that their use should take into account their provision not only for today, but also for future generations. The Supplier is obliged to take care of the rational and sustainable management of natural resources, which should be understood as economical and proper acquisition and use of each material used by the Supplier in its business activity. Sustainable management of natural resources also includes rational waste management, treating it as far as possible as raw materials that can be returned to the production process in the recycling process, reducing the impact of operations on the natural environment.
Protecting soil quality. The Supplier will ensure that it monitors, controls and reports the impact of its activities on soil quality where appropriate and where legally obligatory, to prevent soil devastation and contamination.Where applicable and where required by applicable law, the Supplier shall monitor, control and report pollutant emissions and take measures to minimise and eliminate factors contributing to soil contamination, as well as assess the impact of pollutants and reduce their level accordingly in accordance with requirements and applicable law.
Waste Reduction, reuse and recycling. The Supplier is obliged to implement and comply with internal procedures related to waste reduction, waste segregation and recycling, to apply well-thought-out purchasing plans to prevent product waste and to promote pro-ecological attitudes among its employees. Wherever possible, Suppliers implement a circular system by using renewable resources, reducing waste and reusing it.
Responsible chemical management. The Supplier should identify, minimise or eliminate the use of restricted chemicals in manufacturing processes or finished products in order to comply with regulations and make active efforts to minimise the use of chemicals in business operations or to use less harmful substitutes where possible. Chemicals should be stored in conditions that prevent uncontrolled release into the environment and disposed of in accordance with the manufacturer’s instructions and applicable regulations.
Noise emissions reduction. The Supplier is obliged to reduce the level of noise generated by his company, strictly comply with the applicable standards and regulations regulating the maximum permissible noise and ensure appropriate protection of rooms against the penetration of noise generated inside. Where appropriate or where required by applicable law, the Supplier shall monitor, control and report the level of noise emitted in order to reduce it and prevent it from exceeding the permissible standards.
Animal welfare. In the case of using animals in business activity, the Supplier is obliged to strictly comply with the principle of the “five freedoms” of animals defined by the World Organization for Animal Health.
Biodiversity, land use, deforestation. The Supplier should protect ecosystems, in particular the areas of biodiversity affected by its activities, comply with the principles of fair and equitable access and benefit-sharing related to the use of bio-resources. Natural resources should be used sustainably and should not contribute to deforestation. The Supplier should not operate in protected areas or areas with a high degree of biodiversity.
Pro-ecological education and awareness. To the possible extent, the Supplier will promote environmental awareness among its employees and provide regular training and education in this regard. We also expect our Suppliers to ensure that the principles set out in the Code are complied with and applied by our own suppliers and subcontractors.

BUSINESS ETHICS

The Company Bergman Engineering requires its Suppliers to conduct business in a honest, ethical and transparent manner.The Supplier’s Business Ethics adherence include:

Compliance with laws, regulations and rules. The Supplier is obliged to comply with applicable national and international laws, standards and regulations. The Supplier is responsible for conducting business in accordance with the law and international standards and to endeavour to conduct business with integrity and ethics.
Anti-corruption, Anti-bribery and Anti-money laundering. The Supplier undertakes to strictly comply with the principles of business ethics and anti-corruption regulations in all areas of its business, including in its dealings with customers, suppliers, public officials and other interested parties. The Supplier will not tolerate any form of corruption, including giving or receiving bribes, offering or accepting direct or indirect gratuities, offering or receiving financial or personal benefits, using the proceeds for financial and non-financial gain, extortion or embezzlement. The Supplier will comply with all national and international anti-money laundering regulations and take measures to eliminate the risk by legally monitoring and verifying transactions, identifying the beneficial owners of transactions, identifying potential threats and risks related to money laundering.
Data Protection and Data Security. The Supplier undertakes to properly secure confidential information and use it only for business purposes and to the extent required by the business relationship. The Supplier is fully responsible for protecting the confidentiality of information and data entrusted to it as part of its business, and each employee and co-worker of the Supplier is obliged to maintain confidentiality and professional secrecy also after the termination of cooperation with the Supplier. The Supplier undertakes to protect the right to privacy of its employees and all its stakeholders and to guarantee adequate protection of the personal data of its employees and all its stakeholders.

Financial responsibility, Accurate Records. The Supplier shall conduct its accounting and finances in accordance with applicable standards and regulations, avoid any form of financial fraud, and provide true and complete information in all business communications.All Supplier’s financial statements, reports, business documents and books must present fairly and accurately business transactions and comply with accounting rules and internal regulations. It is unacceptable to enter false or misleading information into the records or documentation, as well as to create false, inaccurate or misleading reports and documents. The Supplier’s books, reports, records and files should reflect the actual state of the Supplier’s assets and liabilities.
Disclosure of information. The Supplier undertakes to ensure transparency in communication with stakeholders by true, fair, comprehensive and lawful disclosure of material financial and non-financial information concerning its business, including in particular information on employment, occupational health and safety rules, environmental policy, business activities and the financial condition and results of the Supplier’s operations.
Fair competition and antitrust law. The Supplier is obliged to conduct its business in accordance with the competition protection regulations and antitrust regulations in force at the places of business and not to take actions that could be considered contrary to the regulations or unfair business practices, in particular activities restricting competition, unfair exchange of information related to competitors, concluding illegal contracts, price setting agreements, division of markets, boycott of competitors. It is prohibited to obtain information and trade secrets about a competitor using illegal or dishonest methods such as theft, bribery, inducement to breach professional secrets. Practices involving the spread of false and unreliable information and unverified rumours about a competitor are unacceptable.
Conflict of interest. As part of its cooperation with the Company, our Supplier is obliged to avoid any conflict of interest or situations that could suggest a conflict of interest. The Suuplier shall also be obliged to notify the Company in the event that a given situation could lead to a conflict of interest between the Supplier and the Company. Suppliers should also ensure that their employees avoid and disclose situations where their financial or personal interests could conflict with their job duties.
Counterfeit parts. As part of its business activity, the Supplier should use only suppliers’ products and equipment that guarantee the use of original parts and materials in the products supplied, minimize the risk of introducing counterfeit parts and materials into the product and comply with technical regulations in the product design process. In the event that it is determined that products or equipment used by the Supplier are fitted with non-original parts or materials, the Supplier undertakes to immediately notify the Original Equipment Manufacturer (OEM) or Parts Manufacturer and the relevant authorities and institutions.
Intellectual property. The Supplier is obliged to respect and protect intellectual property rights, protect trade secrets and confidential information, and comply with all applicable regulations in this respect. The unauthorized use or disclosure of information constituting the intellectual property of an entity without a legal basis, appropriate permission or license is unacceptable. The Supplier shall ensure that intellectual property rights are respected and protected, as well as that unauthorized dissemination or disclosure of intellectual property information from any employee or collaborator of the Supplier is prohibited, even after the termination of cooperation with the Supplier.
Export controls and economic sanctions. We expect our Suppliers to comply with all applicable export or re-export control laws and regulations prohibiting or restricting business relationships and trade (including embargoes) on goods, software, services, and technology with sanctioned countries, regions, entities, individuals, and individuals.The Supplier is obliged to verify the entities with which it conducts or intends to conduct business using lists of persons and entities subject to sanctions, and then monitor whether a given transaction or cooperation does not violate national and international regulations and prohibitions in this respect.

REPORTING IRREGULARITIES, BREACHES AND ABUSES AND PROTECTING WHISTLEBLOWERS

Suppliers shall enable their employees to report complaints openly or anonymously in the event of identified or suspected breaches of the law, illegal activities or other abuses by providing effective and publicly available complaint mechanisms (whistleblowing system) , as well as to investigate such reports and take corrective actions and remedies if necessary. The Suppliers must ensure that all reports and the identity of the reporting person (whistleblower) are treated confidentially and that any retaliation against the reporting person is strictly prohibited.

RESPONSIBILITY

Honesty, respect, safety and sustainability are the principles that Bergman Engineering values and strives to uphold in its operations. We also expect our Suppliers to have similar requirements for their suppliers earlier in the supply chain and to carefully vet their own suppliers for compliance with rules and regulations.

In order to ensure that our Suppliers comply with the principles set out in this Code, the Company reserves the right to verify the Supplier, the manner and form of which depends on the risks and legal requirements related to the purchased goods or services and may involve, among others, filling in the Supplier’s self-assessment questionnaire, relevant contractual clauses or an audit carried out by a third party.

The Company reserves the right to terminate the contract with a Supplier who violates this Code, fails to comply with the law, ethical and corporate social responsibility standards, or refuses to participate in the verification.

In order to ensure effective compliance with this Code and other Policies and Regulations in force at the Company, the Company has implemented a Procedure for Reporting Breaches or Abuse and Whistleblower Protection, which every employee and associate of the Company is familiar with. Anyone who becomes aware of a breach or abuse of the rules of this Code, as well as witnessed them, should immediately report this fact to the Company’s Management Board or through specially dedicated public channels for reporting violations and abuses. Each report will be treated confidentially, and the Company has introduced an absolute ban on any retaliatory measures against the reporting person (whistleblower).

This Code is publicly available on the Company’s website, and any changes to its content will be communicated to the Suppliers on an ongoing basis. The implementation of this Code is linked to the training program for employees and associates and information activities throughout the Company. The Company will periodically review this Code to ensure its effectiveness and correct application.