B. Braun and its Affiliated Companies conduct their business with the highest ethical standards, in compliance with all applicable rules and regulations. These standards are set forth in the “B. Braun Code of Conduct”. The B. Braun Code of Conduct can be found at: https://www.bbraun.com/en/about-us/responsibility/compliance/code-of-conduct.html (bbraun.com >>> Responsibility >>> Compliance >>> Code of Conduct). An ‘’Affiliated Company’’ shall be any company under the control of B. Braun or the Seller or any company in control of B. Braun or Seller or any company under the common control of B. Braun or Seller.
The Seller and its Affiliated Companies conduct their business with the highest ethical standards, in compliance with all applicable rules and regulations. These standards are set forth in the Code of Conduct of the Seller, which shall be published (e.g., on Seller’s respective website).
Neither party contractually submits to the other parties code of conduct. The parties have drawn up their own codes of conduct as a voluntary commitment und have established standards and procedures which include, but not be limited to, conducting business in compliance with all applicable rules and regulations and in accordance with highest ethical standards (including all applicable anti-corruption, anti-bribery, and antitrust legal requirements).
B. Braun and its Affiliated Companies conduct its business in accordance with the principle of sustainable development and adheres to internationally recognized fundamental standards for occupational health and safety, environmental protection, labor. B. Braun has described its understanding of Environmental, Social and Governance (ESG) in its ‘ESG Standards for Suppliers’ which can be found at: https://www.bbraun.com/en/about-us/responsibility/sustainability/transparent-supply-chain.html (bbraun.com >>> Responsibility >>> Sustainability >>> Transparent supply chain). B. Braun and its Affiliated Companies expects the Seller and its Affiliated Companies to respect the ‘ESG Standards for Suppliers’. B. Braun calls upon the Seller to ensure that all its subcontractors of any tier respect these ESG Standards likewise.
By signing this agreement, the parties confirm their on-going compliance with their own compliance standards set forth in the previously mentioned paragraph and procedures and their compliance with all applicable laws. Each party may, at any time, request the other party to renew this confirmation during the pendency duration of the agreement. Nothing in this section shall limit either party from amending or modifying its own compliance standards and procedures, provided the content continues to address compliance with applicable laws and ethical conduct.
The Seller shall endeavor to cause also its Affiliated Companies and subcontractors to introduce and comply with conduct guidelines, as well as take measures, which correspond with the ESG Standards. Subcontractors referred to in the preceding sentence are all legal subjects whose activities are directly or indirectly necessary for manufacturing the products or providing the services for the purpose of performing this Agreement, regardless of whether they have a contractual relationship with the Seller or not.
The Seller shall support B. Braun in the implementation of legally required due diligence processes through active and truthful participation and cooperation. Especially with regard to the human rights and environmental expectations expressed in the ‘ESG Standards for Suppliers’, and in light of B. Braun’s obligations under the German Supply Chain Due Diligence Act, the following applies: B. Braun is entitled, on a case-by-case basis, to request additional information regarding compliance with laws and requirements listed in the ‘ESG Standards for Suppliers’, and to conduct compliance assessments (e.g. through self-assessment questionnaires, on-site audit, submission of certifications) - up to a maximum of once per calendar year, unless there is a justifiable reason for a review - with prior notice.
The obligations under this section shall be deemed as requirement for fulfillment of the Seller´s contractual obligations of the Agreement. If the Seller should breach any provision or regulation under this section or obligations contained in the ‘ESG Standard for Suppliers’ B. Braun has the right to terminate this agreement for cause and any other agreements or business relationships between B. Braun and the Seller including each party´s Affiliated Companies for cause. It is within B. Braun’s discretion to forego termination and instruct the Seller to promptly develop and implement a plan for rectifying or minimizing the violation and preventing future violations. During the plan's implementation, B. Braun can temporarily suspend the business relationship.