Vendor Grievance Policy

Effective Date of the Policy

This policy shall come into effect from October 10, 2019.

Purpose

The purpose of this policy is to outline the processes the Company uses to manage and respond to Vendor grievances. Further, the purpose of this Vendor Grievance policy is to provide a mechanism by which vendors/potential Vendors can appeal on contracts awarded if they believe the contracting process was not conducted in a fair, open, and competitive manner in accordance with Company policies.

Under this procedure, Vendors can request an independent review of the process by Company personnel outside of the contracting group.

Scope

This applies to all employees and to all those vendors/prospective vendors who are or wish to be associated with the Company.

Background

The Company believes in being fair and unbiased to any vendor/prospective vendors dealing with it. The Company's aim is to ensure that Vendors/prospective vendors associated with it have the right to respectful and responsive services and in case there happens to be any incident by which the Vendor/Prospective vendor is aggrieved then in such a case the same needs to be addressed in a fair manner and corrective steps taken when necessitated. It is in this connection that ATOMBERG intends laying down a policy and in providing a clear process to bring the grievances forward and have the same resolved in a timely manner.

Responsibility

Purchase Executives, Regional head, National Purchase Head, Finance Head and Chief Operating Officer (COO).

Guidelines

Policy is applicable to the following Vendors: –
1. those who are currently dealing with the Company
2. those who are proposing to deal with the Company
3. those who have been dealing with the Company up to 6 months before the effective date and are not currently dealing with the Company.
This policy covers instances where the vendor has been informed before awarding the contract that they will not be awarded the Contract for whatsoever reason and the Vendor feels aggrieved about the same.
This policy covers instances where the vendor has been informed simultaneously or after awarding the Contact to another Vendor and that they will not be awarded the Contract for whatsoever reason and the Vendor feels aggrieved about the same.
This policy covers all other grievances outside the regular contracting process/cycle however will not include instances where the Vendor has failed to meet minimum bid requirements or has not furnished the documents necessary for being considered in the evaluation process, such as claims of New Technology or requests to add a new product category.
The preferred method for submitting a Vendor grievance is through an email or a letter being addressed to the Assistant Manager Purchases ATOMBERG Technologies Limited (formerly known as Atomberg Technologies Private Limited). 3rd Floor, Tower B, 247 Embassy Park, LBS Marg, Vikhroli West, Mumbai, Maharashtra, India, 400083 Email – [email protected]
In case an aggrieved party contacts an employee in respect of any grievance, the employee shall consult his/her supervisor and/or a member of the Grievance Response Committee for further instructions
In case of all grievances which the aggrieved party has become aware before the award of the Contract, then the said grievance must be submitted within 14 days of the party having known the facts which have given rise to the said grievance
In case of all grievances which the aggrieved party has become aware after the contract has been awarded then the said grievance must be submitted within 21 days of the Company awarding the contract to another party.
Any exceptions other than what has been detailed in this policy will be addressed on a case to case basis. However, all exceptions need to be approved by the Operations Head before the same can be considered.
Pursuant to receiving the complaint the Assistant Manager Purchases shall forward it to the Grievance Response Committee which shall be led by the Operations Head and will be assisted by the Finance Head and the Quality Head and other individuals deemed necessary or appropriate. The Operations Head shall be the "Team Leader" of the Company's Grievance Response Committee for Vendors and shall be responsible for managing the process related to the grievance investigation.
The Team Leader will contact the aggrieved person in writing (including via e-mail) within seven business days after receipt of the grievance with the following
1. an overview of the grievance process
2. a request for additional information (if applicable)
3. an initial timeline for review and resolution of the grievance
The Company's Grievance Response Committee will be responsible for reviewing all appropriate records related to the grievance, such as bid documentation and any other applicable documentation related to the grievance. In addition to reviewing data, the Company's Grievance Response Committee will be responsible for interviewing internal personnel as considered appropriate and essential.
Notwithstanding anything contained in the above, the following will not be a valid grievance:
1. In case the aggrieved party fails to submit the grievance by the deadline specified in the policy and/or other minimum requirements generally accepted and essential to investigate a grievance – such cases shall be ignored and shall not be subject to review.
2. As a policy the Team Leader shall send 3 written reminders to the aggrieved party for submission of data/information essential for conducting the said investigation and if in spite of the above the aggrieved party does not cooperate and the said relevant data/information has not been received within 10 days from the last written reminder sent to them.
3. Any other matter which in the decision of the Team Leader does not qualify the grievance to be admitted.
The Company shall provide a written response to the aggrieved party within 90 days of receipt of the original grievance indicating disposition of the matter, unless such time period has been extended in order to obtain feedback not readily available. However, in any case the Company shall dispose of the matter within 100 days of the receipt of the original grievance.
In case the aggrieved party is not satisfied with the decision of the Company's Grievance Response Committee the said party can escalate the matter to the COO of the Company.
In case the matter is raised to the COO, the COO shall call for all papers/documents based on which the Grievance Response Committee had arrived at its decision. The COO shall review the entire process along with the said documents and arrive at his decision. In case the COO differs from the decision taken by the Grievance Response Committee the COO shall furnish his/her decision to the Grievance Response Committee and the same shall be communicated by the Team Leader to the aggrieved party. The decision taken by the COO shall be final and there shall not be any further reviews within the Company.
Pursuant to the grievance being heard the decisions which shall be taken by the Company could be one of the following and the Team Leader shall communicate the same to the Vendor:–
1. Sustain the original bid or innovative technology decision.
2. Bid or Re-Bid the product or product category
3. Award a contract to the grievant

Definitions

"Company" means ATOMBERG Technologies Limited (formerly known as Atomberg Technologies Private Limited) (ATOMBERG).

"Employees" means all officers and employees of the Company, including, without limitation, all full-time, part-time and temporary employees.

"Vendor" (aggrieved party) means any organization or third party that the Company has a contract with or that submits an offer, formally or informally, to provide goods or services to the members served by the Company.

Purchase Order Conditions

Definitions

In this document the following words shall have the following meanings:
1. "Agreement" means these Terms and Conditions together with the terms of any applicable Purchase Order.
2. "Buyer" means Atomberg Technologies Limited (formerly known as Atomberg Technologies Private Limited), 3rd Floor, Tower B, Embassy 247 Park, LBS Marg, Vikhroli West, Mumbai-400083, Maharashtra, India
3. "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
4. "Purchase Order" means the standard Buyer document which includes or is attached to a statement of work describing the goods and/or services to be provided by the Supplier and which provides a maximum value payable by the Buyer to the Supplier;
5. "Supplier" means the organisation or person/s who supplies goods and/or services to the Buyer;
6. "Supplier Personnel" means any employee or contractor supplied by the Supplier to provide services.
General
1. These Terms and Conditions shall apply to all contracts for the supply of goods and/or services by the Supplier pursuant to one or more Purchase Order/s. All Purchase Orders shall be subject to these Terms and Conditions.
2. Where it is agreed that the Supplier shall supply goods and/or services, the goods and/or services to be supplied, the price payable and any other special terms agreed between the parties shall be set out in the Purchase Order.
3. The specific terms and conditions shall always override general terms and conditions wherever they are contrary to each other.
4. No changes or variations to these Terms and Conditions or any Purchase Order shall be effective unless agreed in writing between the parties.
5. In case there exist specific term/condition in the contract then it shall over-ride the generic term/condition in the contract.
Price and Payment
1. The price and any taxes and expenses for the goods and/or services shall be as specified in the Purchase Order.
2. An invoice shall be made available by the Supplier to the Buyer in accordance with the terms set out in the Purchase Order. The Buyer shall pay for the goods and/or services at the end of 90 days from the receipt of the invoice or as mentioned in the Purchase Order. Under no circumstances shall the time for payment, be of the essence of the Agreement.
3. The Buyer shall not be responsible for any expenses, charges or price other than those set out in the Purchase Order. The price mentioned in the requisite Purchase Order shall be the full and final payment for the said Purchase Order and the items included therein.
4. If the parties agree that the Supplier is to provide goods and/or services or resources in addition to those specified in a Purchase Order, then such agreement will be reflected in a separate/modified Purchase Order, which is deemed incorporated into this Agreement.
5. Notwithstanding anything contained herein, once a Purchase Order has been agreed by the Buyer the price for the goods and/or services shall be fixed until the complete execution of the said Purchase Order by the Supplier.
Delivery
1. Delivery of the goods shall be made to such location as the Buyer shall direct. Should both the parties agree to a time limit for the said delivery, time shall become the essence of the Agreement and the Buyer shall be entitled to cancel, without notice, the whole or any part of this Agreement if this Clause is not complied with by the Supplier.
2. Each delivery shall be accompanied with the Sellers invoice. The Seller's invoice must mention the Purchase Order number of the Buyer without which the said invoice will be held to be defective and not payable.
3. Where the Buyer cancels the whole or part of the contract in accordance with this Clause:
  1. All sums payable by the Buyer in relation to the whole or part of the contract cancelled shall cease to become payable.
  2. All sums paid by the Buyer in relation to the whole or part of the contract cancelled shall be repaid by the Supplier immediately.
4. The Buyer shall be entitled to recover damages from the Supplier for any loss caused as a result of the Supplier's failure to deliver the goods and/or as a result of the cancellation of the whole or part of the contract.
Risk

The goods will be and shall remain at the Supplier's risk until such time as they are delivered to the Buyer (or at his direction), and are found to be in accordance with the requirements of this Agreement. It shall be the duty of the Supplier at all times to maintain a contract of insurance over the goods and, on request from the Buyer, to assign to the Buyer the benefits of such insurance.
Inspection of Goods
1. The Buyer shall inspect the goods upon delivery in respect of packaging and count and acknowledge the receipt.
2. Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply:
  1. the Buyer shall raise a debit note on the Supplier in respect of the damaged goods and the said debit note is hereby agreed to be accepted by the Supplier.
  2. the Supplier shall collect the damaged goods from the Buyer at the Supplier's expense.
  3. during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods;
  4. all sums payable by the Buyer in relation to the damaged goods shall cease to become payable;
  5. all sums paid by the Buyer in relation to the damaged goods including packaging, transportation, hamali charges, storage etc shall be repaid by the Supplier immediately and/or adjusted against any other payments due to the Supplier or against future payments to be made.
  6. the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged.
3. Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply:
  1. all sums payable by the Buyer in relation to the missing goods shall cease to become payable;
  2. all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately and/or adjusted by the Buyer at his discretion, against any other payments due to the Supplier;
  3. the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages.
4. If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing, at the Supplier's expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 4.3 shall apply.
5. Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply:
  1. the Supplier shall collect the excess goods from the Buyer at the Supplier's expense;
  2. during the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods;
  3. no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately.
6. Where there is an excess of goods in relation to the order the Buyer may at their option accept the excess goods by notice in writing to the Supplier and the following provisions shall apply:
  1. the Buyer shall raise a separate Purchase Order in respect of the excess goods
  2. the Supplier shall raise a separate invoice in respect of the said excess goods
  3. the Buyer shall not be liable for any loss or damage caused to the excess goods until such time the Invoice has been raised by the Supplier and acknowledged by the Buyer;
  4. the payment terms in respect of such excess goods shall be as per the Purchase Order released by the Buyer.
7. The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer.
8. The Buyer's signature on any delivery note or any other document of the Supplier is evidence of the number of packages received and does not evidence the correct quantity of goods received or that the goods are in a good condition or of the correct quality.
Title
1. The Supplier warrants that it has good title to the goods and that it will transfer such title as it may have in the goods to the Buyer pursuant to Clause 6.2.
2. Title in the goods will pass to the Buyer when the goods are unconditionally appropriated (by either party or by or with the consent of either party) to this Agreement, or on delivery to the Buyer, whichever happens first.
Supplier's Obligations
1. The Supplier warrants, represents and undertakes that:
  1. all services performed under this Agreement shall be performed with all due skill and care, in a good and workmanlike manner and otherwise in line with best practice within its industry ("Best Industry Practice");
  2. the Supplier Personnel will possess the qualifications, professional competence and experience to carry out such services in accordance with Best Industry Practice;
  3. the services will not in any way infringe or violate any Intellectual Property Rights, trade secrets or rights in proprietary information, nor any contractual, employment or property rights, duties of non-disclosure or other rights of any third parties; and
  4. it has full capacity and authority to enter into this Agreement and that it has or will obtain prior to the commencement of the services, any necessary licences, consents and permits required of it for the performance of the services.
2. The Supplier shall provide the Buyer with such progress reports, evidence or other information concerning the services as may be requested by the Buyer from time to time.
3. The Supplier shall be responsible for maintaining such insurance policies in connection with the provision of the services as may be appropriate or as the Buyer may require from time to time.
4. The Supplier shall ensure that the Supplier Personnel take all reasonable steps to safeguard their own safety and the safety of any other person who may be affected by their actions, and the Supplier agrees to indemnify and keep indemnified the Buyer from all and any liabilities, obligations, costs and expenses whatsoever arising from any loss, damage or injury caused to the Buyer or any third party by the Supplier Personnel.
5. The Supplier shall comply with Atomberg's SOP for procurement to ensure compliance with EHS standards.
Warranties

By accepting this order, Seller warrants that the goods and services furnished will be free from defects for and including a period of 3 years from the date of supply of the same, in materials and workmanship, merchantable and in full conformity with Buyer's specifications, drawings and data, and Seller's descriptions, promises or samples, and that such goods will be fit for the Buyer's intended use, provided Seller has reason to know of such. In cases where Seller does not understand the intended use of the material, it shall be the Seller's responsibility to learn all that is necessary about the intended use in order to recommend and ensure proper application of the materials by Buyer. Seller will convey good title to the goods, free and clear from all liens, claims and encumbrances. Seller, without cost to Buyer, shall promptly do all things necessary to correct any breach of the above warranties in a manner satisfactory to Buyer. If Seller is unable or refuses to repair or replace as Buyer may require, Buyer may contract or otherwise repair or replace such defective goods and back-charge Seller for the excess cost. This warranty shall survive acceptance of the items and is in addition to any warranties of additional scope given to Buyer by Seller. No implied warranties by the Seller are excluded.
Status and Liabilities
1. It is expressly understood that neither the Supplier nor the Supplier Personnel have the authority to act as agent for the Buyer or to contract on the Buyer's behalf.
2. The Supplier Personnel shall at no time be deemed to be employed or otherwise engaged by the Buyer.
3. The Supplier shall be responsible for paying the Supplier Personnel as per the provision of the statute and for making any deductions required by law in respect of income tax or similar contributions relating to the provision of the services. The Supplier agrees to indemnify the Buyer in respect of any claims that may be made by the relevant authorities against the Buyer in respect of tax demands or similar contributions relating to the provision of the services by the Supplier.
4. The Supplier shall, and shall ensure that the Supplier Personnel shall, comply with all applicable statutes, rules and regulations in providing the services, including all immigration and employment requirements imposed by any applicable jurisdiction, and the Supplier shall indemnify and hold harmless the Buyer from damages arising out of any failure to do so.
Non-disclosures

If Buyer discloses or grants Seller access to any research, development, technical, economic or other business information or "know-how" of a confidential nature, whether reduced to writing or not, Seller agrees, as a condition of receiving such information or "know-how," that Seller will not use or disclose any such information to any other person at any time, except as may be necessary in the performance of this order, without Buyer's written consent. Seller shall use such information only to perform this contract. Notwithstanding the foregoing, Buyer shall bear no responsibility for errors or omissions in Buyer's information.
Property furnished to seller by buyer

All special dies, molds, patterns, jigs, fixtures, component parts and any other property which Buyer furnished to Seller or specifically pays for, for use in the performance of this contract, shall be and remain Buyer's property, shall be subject to removal upon Buyer's instruction, shall be for Buyer's exclusive use, shall be held at Seller's risk, and shall be kept insured by Seller and at Seller's expense while in its custody or control in an amount equal to the replacement cost, with loss payable to Buyer. Seller will furnish copies of policies or certificates of insurance on Buyer's demand. Seller will not create or allow to arise any lien, claim or encumbrance by any third party against property furnished or owned, through progress payments made, by Buyer.
Order inconsistencies and conflict resolution

It is Seller's responsibility to comply with these and all referenced documents and to clarify with Buyer any inconsistencies or conflicts in any parts of this order, such as these provisions contained in this document, additional terms and conditions, general specifications, detailed specifications, etc. Should Seller fail to contact Buyer to resolve these conflicts or inconsistencies, Seller will be solely responsible for errors resulting from conflicts or inconsistencies. Where documents are referenced, the version in effect at the time of order placement shall apply.
Termination
1. The Buyer may terminate this Agreement for any reason by providing 7 days prior written notice to the Supplier.
2. The Buyer may terminate this Agreement with immediate effect by providing written notice to the Supplier if:
  1. the Supplier or the Supplier Personnel commit any material or persistent breach of this Agreement;
  2. the Supplier fails to or refuses after written warning to ensure that the Supplier Personnel provide the services properly required of them in accordance with this Agreement;
  3. the Supplier passes a resolution for winding up (other than for the purpose of solvency amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
  4. the Supplier ceases to carry on its business or substantially the whole of its business; or
  5. the Supplier is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
  6. Buyer's rights and remedies regarding termination under this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law or under this order.
Relationship of parties

Nothing in this Agreement shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in this Agreement shall be deemed to construe either of the parties as the agent of the other.
Assignment

The Supplier shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Buyer.
Indemnity

The Supplier agrees to indemnify the Buyer against all claims, costs and expenses which the Buyer may incur and which arise, directly or indirectly, from the Supplier's breach of any of its obligations under this Agreement.
Intellectual property rights

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Buyer, and the Supplier shall do all that is reasonably necessary to ensure that such rights vest in the Buyer by the execution of appropriate instruments or the making of agreements with third parties.
Waiver

No failure by the Buyer to enforce any of these Terms and Conditions shall constitute a waiver of its rights hereunder.
Notice

Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Purchase Order or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
Compliance with law

Each party shall comply with all state, national and local laws and regulations applicable to its performance hereunder.
Governing law

The Order and this Agreement shall be governed by the laws of the State of Maharashtra, without reference to conflicts of law principles. Any legal suit, action or proceeding arising out of or relating to the Order or these this Agreement shall be commenced in court in Maharashtra and each party hereto irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action or proceeding.
Arbitration

In the event any dispute arises between the parties hereto, the parties shall firstly endeavour to personally resolve such disputes in an amicable manner within fifteen days and in the event the disputes are not resolved within fifteen days, the parties shall jointly appoint a sole arbitrator within fifteen days failing which, each party shall appoint one arbitrator. Such arbitration shall be governed by the provisions of the Arbitration and Conciliation (Amendment) Act, 2015, or any statutory amendment or re-enactment thereof for the time being in force. The arbitration proceedings shall be held at Thane and the Arbitrator/s shall have summary powers and be entitled to give interim directions and awards from time to time. The award/s of the Arbitrator/s shall be reasoned and given in writing and shall be final and binding upon the parties hereto.
Force majeure

The Buyer shall not be liable for any delay or failure to perform any of its obligations under this Agreement if the delay or failure results from events or circumstances beyond its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, flood or industrial disputes, and the Buyer shall be entitled to a reasonable extension of its obligations.
Survival

In the event any provision of the Order or this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of the Order or this Agreement will remain in full force and effect. All sections herein relating to payment, ownership, confidentiality, indemnification and duties of defense, representations and warranties, waiver, waiver of jury trial and provisions which by their terms extend beyond the Term shall survive the termination of the Order and this Agreement.
No third parties

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
Entire agreement

The purchase order issued by Buyer, sets forth the entire agreement and understanding among the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understandings of every and any nature among them unless there is a specific condition/s mentioned in other documents and/or amended Purchase Order in which case the specific conditions shall overrule this Agreement. No proposal, purchase order, order confirmation, acceptance, or any other document provided by either Party to the other, nor any electronic click-wrap, terms of use or similar online consent or acceptance language accompanying or set forth as a prerequisite to any electronic interface or utility associated with any Work, shall be deemed to amend the terms hereof and any such contradictory or additional terms shall be ineffective. No party shall be bound by any condition, definition, warranty, or representations, other than as expressly set forth or provided for in the Order or this Agreement, or as may be, on or subsequent to the date hereof set forth in writing and signed by the party to be bound thereby. In the event of any ambiguity or conflict between any of the terms and conditions contained in this Agreement and the terms and conditions contained in an Order, the terms and conditions of this Agreement shall control, unless the Parties have expressly provided in such Order that a specific provision in this Agreement is amended, in which case this Agreement shall be so amended, but only with respect to such Order. The Order or this Agreement may not be amended, supplemented, changed, or modified, except by agreement in writing signed by the parties to be bound thereby.

Procurement SOP

1. Purpose

The purpose of this Standard Operating Procedure (SOP) is to define a systematic approach for procurement of products, services and equipment while ensuring their compliance with the Environmental, Health and Safety (EHS) standards. This SOP aims to control & mitigate potential EHS hazards, environmental impacts and ensure that all procured equipment, materials, and services are safe for use by employees, contractors, and visitors of the Company. The goal is to ensure that all procured items align with organizational EHS objectives and regulatory compliance.

2. Scope

This SOP applies to all procurements made for internal use, contractor services and outsourced activities. Procurement includes purchase of products (raw materials, packaging materials, consumables, any other material etc.), hazardous substances, equipment, machinery, tools, and services, covering all stages including but not limited to product selection, supplier evaluation, risk assessment, communication of safety requirements.

3. Procedure

3.1 Control of Hazards and Risk Reduction

Before purchasing products, raw materials, equipment, or services, the following steps must be taken to reduce occupational health and safety risks:

Risk Assessment & Aspect Impact: A risk assessment must be performed before the purchase of any new product, equipment, material, or service. The assessment will identify potential hazards related to: Physical Hazards (e.g., machinery, equipment), Chemical Hazards (e.g., hazardous substances), Ergonomic Hazards (e.g., materials that may cause strain), Health Risks (e.g., risks to employee exposure to toxic materials), Biological Hazards (e.g., biological waste), Environmental Impact (e.g., risk to the environment). Risk assessments should be conducted jointly by the Procurement, User and EHS departments, in consultation with relevant stakeholders.
Conformance to Safety Standards: Ensure that all procured equipment, machinery, or materials conform to applicable safety standards and legal requirements. All equipment, machinery should comply with Atomberg's Machine Safety Guidelines. For example: hazardous substances should be provided with SDS and must comply with REACH (Registration, Evaluation, Authorization, and Restriction of Chemicals) regulations; raw materials should be free from harmful chemicals (e.g., CMR Cat-1 & Cat 2) or additives that could pose a health risk.
Supplier Evaluation: Suppliers must provide detailed information on the safety and compliance of their products. The Procurement department will evaluate suppliers based on their adherence to OHS requirements as per Contractor EHS Manual, including: historical performance on safety (e.g., past incidents, recalls), compliance with EHS regulations (e.g., Factory Act, ISO certifications), safety certifications (e.g., ISO 45001).

3.2 Communication and Consultation

Employee and Worker Involvement: Workers and employees must be consulted during the procurement process, particularly when purchasing equipment, machinery, or hazardous substances that could potentially directly affect their work environment. Input from workers helps identify potential safety concerns and ensures that the procured items meet their operational needs. This includes a consultation process (involving workers in risk assessments, selecting equipment, and identifying safety precautions) and a feedback mechanism (a formalized feedback loop where employees and contractors can report on the safety of new procured items post implementation).
Clear Communication of Safety Requirements: Once new products or services are procured, clear communication of the safety procedures is essential, including Safety Data Sheets (SDS) for hazardous materials, Operational Guidelines (communicating how new equipment should be used safely — e.g. PPE requirements, operating procedures), and Precautionary Measures (informing workers of any potential hazards associated with new products, such as handling requirements or emergency protocols). Ensure that this information is easily accessible to all employees, workers, contractors, and visitors.

3.3 Procurement of Equipment and Installation Services

Testing and Certification: All equipment should be tested and verified to ensure it functions as intended before being put into operation. All new equipment/machinery should undergo EHS validation for compliance with Machine Safety Guidelines. Equipment should be fully tested for safety and have valid certifications proving compliance with local OHS regulations. Ensure that all employees including contract labour receive competency-based safety training, especially for high-risk equipment, machinery, or chemicals.
Installation and Commissioning: Equipment installation should be carried out by qualified professionals to ensure that all safety standards are met. Ensure work is carried out as per permit to work standards. Following installation, conduct a final inspection to verify that equipment functions as designed and is compliant with specifications, and provide training to employees on the safe operation and maintenance of the new equipment.
Ongoing Monitoring and Maintenance: Implement a system for regular inspections, maintenance, and testing of equipment, including routine inspections (to verify that equipment remains safe and operational) and scheduled maintenance (to address any wear and tear that could lead to safety hazards).

3.4 Compliance with Legal Requirements

The Procurement department shall ensure to be in compliance with the legal requirements as per the applicable laws and regulations during the procurement process.

4. Procurement Process

4.1 Supplier Selection and Evaluation

Pre-Qualification: Suppliers must submit documentation proving their commitment to EHS standards, including safety certifications, risk assessments, and proof of compliance with regulatory requirements.
Risk Assessment Review: Before finalizing any procurement agreement, review the risk assessment & impact aspect register conducted for each product, material, or service.
EHS Compliance Checks: The procurement department will work with the EHS team to ensure all EHS-related risks are addressed and suppliers meet safety standards.
Suppliers should also be evaluated on their commitment to ethical practices, including but not limited to labour rights, sustainability initiatives, and corporate social responsibility (CSR), which are aligned with the organization's values.

4.2 Purchase Orders and Contracts

EHS Clauses in Contracts: All procurement contracts must include clauses specifying that products and services must meet EHS requirements and conform to safety regulations as per Machine Safety Guidelines and Contractor EHS Manual.
Technical Specifications: Equipment and materials purchased must be specified with technical and safety specifications as listed in Machine Safety Guidelines.

4.3 Delivery, Receipt, and Installation

Delivery Inspection: Upon receipt, the procurement and EHS teams will inspect the products for compliance with safety specifications, and any hazardous materials should be labelled accordingly.
Installation Safety Checks: Ensure that equipment installations are properly completed, tested, and comply with safety standards before use.

4.4 Training and Use Instructions

Employee Training: Provide necessary training for employees on the safe use and storage of newly procured equipment or hazardous substances.
Safety Instructions: Make safety data sheets (SDS), operating manuals, and any other safety instructions readily available to workers.

5. Responsibilities

Sourcing Department: Responsible for ensuring that all procured items meet EHS requirements, conducting risk assessments, and ensuring compliance with legal and safety standards.
EHS Department: Review and validate the risk assessments for each procurement activity; monitor post-installation performance to ensure compliance with EHS regulations and operational safety.
Procurement Department: Ensure that EHS requirements are incorporated into procurement contracts and specifications; collaborate with EHS in post-purchase risk assessment and product safety evaluations.
Suppliers: Must provide safety data sheets (SDS), technical specifications, and compliance documentation.
Employees/Workers/User: Must follow the safety instructions and precautions provided for the use of procured products, equipment, and services.
Management: Oversees the integration of EHS principles into the procurement process and ensures compliance with EHS requirements.

6. Documentation

Record Keeping: All documentation (e.g., risk assessments, safety audits, supplier evaluations) should be retained in a centralized electronic database.
Conduct regular audits to verify that records related to procurement, safety certifications, and EHS compliance are up to date and accessible for future reviews.
Incident Reporting: Report any safety-related incidents or concerns associated with procured items, and document actions taken to resolve the issues.