Global Legal Compliance Statements
ELGA LabWater – Global Legal compliance statements
Conducting Business in Sensitive Countries clauses:
Export Controls Compliance:
The Customer represents and warrants to VWS (UK) Ltd T/A ELGA LabWater that it does comply and remain compliant with all Applicable Laws related to international and national export control laws and regulations and it will not export or re-export, directly or indirectly, any information, goods, software and/or technology to any country for which the European Union or the United States of America or any other country, at the time of export or re-export, requires an export license or other governmental approval, without first obtaining such license or approval.
The Customer shall inform VWS (UK) Ltd T/A ELGA LabWater in writing whether or not the supplied information, goods, software and/or technology is US controlled and/or controlled under the export control laws of its own country, and if so, the Customer shall inform VWS (UK) Ltd T/A ELGA LabWater about the extent of the restrictions (including but not limited to export control legal jurisdiction, export control classification numbers, export control licenses and/or CCATS as applicable).
The Customer shall obtain all international and national export licenses or similar permits required under all applicable export control laws and regulations and shall provide VWS (UK) Ltd T/A ELGA LabWater with all information required to enable VWS (UK) Ltd T/A ELGA LabWater to comply with such laws and regulations.
The Customer shall promptly notify VWS (UK) Ltd T/A ELGA LabWater of the receipt of any notice whatsoever of violation of any export control related law or regulation which may affect VWS (UK) Ltd T/A ELGA LabWater.
Anti-Slavery clauses:
A) The Customer shall have in place and maintain throughout the term of this Agreement its own policies and procedures to ensure full compliance with the Bribery Act 2010 and the Modern Slavery Act 2015. The Customer shall at all times be in a position to demonstrate to VWS (UK) Ltd T/A ELGA LabWater the compliance of itself, its employees and sub-contractors with such policies and procedures.
B) Employment of Foreign and Vulnerable Workers
Where the Customer is undertaking any work and/or services on behalf VWS (UK) Ltd T/A ELGA LabWater, the Customer undertakes not to employ or use any labour in contravention of the requirements of The Modern Slavery Act 2015 and Section 8 of the Asylum and Immigration Act 1996 and indemnifies VWS (UK) Ltd T/A ELGA LabWater against any claim, dispute, consequence or responsibility in the use of such labour.
Ethics clauses:
1. In carrying out the terms of this Agreement, the Customer hereby declares that it is fully versed with and undertakes to strictly comply with all applicable laws prohibiting the bribery of public officials and private persons, influence peddling, money laundering that may, in particular, entail a public contract debarment, including:
- French anti-corruption laws as applicable,
- the 1977 Foreign Corrupt Practices Act of the United States as amended since then,
- the 2010 UK Bribery Act as amended since then,
- the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of December 17, 1997 as amended since then.
Customer undertakes to put in place and implement all necessary and reasonable policies and measures to prevent corruption.
2. The Customer declares that to its knowledge, its legal representatives, directors, employees, agents, and anyone performing services for or on behalf of VWS (UK) Ltd T/A ELGA LabWater pursuant to this Agreement do not and will not directly or indirectly offer, give, agree to give, authorise, solicit, or accept the giving of money or anything else of value or grant any advantage or gift to any person, company or undertaking whatsoever including any government official or employee, political party official, candidate for political office, person holding a legislative, administrative or judicial position of any kind for or on behalf of any country, public agency or state owned company, official of a public international organisation, for the purpose of corruptly influencing such person in their official capacity, or for the purpose of rewarding or inducing the improper performance of a relevant function or activity by any person in order to obtain or retain any business for VWS (UK) Ltd T/A ELGA LabWater or any legal entity belonging to the Veolia group of companies or to gain any advantage in the conduct of business for VWS (UK) Ltd T/A ELGA LabWater or any legal entity belonging to the Veolia group of companies.
3. The Customer further undertakes to ensure that neither the Customer nor any of its legal representatives, directors, employees, agents, sub-contractors and anyone performing services for or on behalf of the Customer under this Agreement has been, or is listed by any government agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programs and/or bidding following invitations to bid advertised by the World Bank or any other international development bank.
4. The Customer undertakes to retain for an appropriate period following termination of this Agreement, accurate supporting documentation of its compliance with the terms of this Ethic compliance section.
5. The Customer agrees to notify any breach of any term of this Ethic compliance section, to VWS (UK) Ltd T/A ELGA LabWater Ficiaries within a reasonable time.
6. If VWS (UK) Ltd T/A ELGA LabWater notifies the Customer that it has reasonable grounds to believe that the Customer has breached any term of this Ethic compliance section:
(a) VWS (UK) Ltd T/A ELGA LabWater is entitled to suspend performance of this Agreement without notice for as long as VWS (UK) Ltd T/A ELGA LabWater considers necessary to investigate the relevant conduct without incurring any liability or obligation to the Customer for such suspension;
(b) VWS (UK) Ltd T/A ELGA LabWater is obliged to take all reasonable steps to prevent the loss or destruction of any documentary evidence in relation to the relevant conduct.
7. If the Customer breaches any term of this Ethic compliance section:
- VWS (UK) Ltd T/A ELGA LabWater may immediately terminate this Agreement without notice and without incurring any liability.
- the Customer undertakes to indemnify VWS (UK) Ltd T/A ELGA LabWater, to the maximum extent permitted by law, for any loss, damages, or expenses incurred or suffered by VWS (UK) Ltd T/A ELGA LabWater arising out of such breach.