General conditions

Published: February 14, 2021

General Conditions

General Terms and Conditions of Sale and Delivery for the Bachem Group of Companies in the USA, Europe and Japan

  1. Scope and conflicting terms
    1.1 The following sales and delivery terms and conditions apply to all the sales activities of the Bachem Group of companies in the USA, Europe and Japan (“Bachem” hereinafter meaning any of the following: Bachem Americas, Inc., Bachem (UK) Ltd., Bachem AG and Bachem Japan K.K) as sellers and its customers (buyers).
    1.2 In the event of a conflict between the following terms and conditions and different terms agreed to by Bachem and buyer in a signed written contract, the terms and conditions of the signed written contract shall prevail.
    1.3 Bachem reserves the right to provide for the delivery of certain products via a different Bachem company than the one with which the order has been placed.
    1.4 With the placement of an order or signing of a written contract with buyer, the buyer accepts the following terms and conditions. Any purchasing terms and conditions of the buyer whether or not directly communicated to Bachem do not apply, even if Bachem did not explicitly object. If no specific contract signed by the parties’ deviates from these terms, only the Bachem terms and conditions of sale are applicable.
  2. Prices
    2.1 Unless explicitly stated otherwise, all prices are quoted in US Dollars (USD) for orders placed with any Bachem company having its place of business in the US, in Euro (EUR) for orders placed with any Bachem company having its place of business in Great Britain and Germany, and in Swiss francs (CHF) for orders placed with any Bachem company having its place of business in Switzerland. Prices do not include value-added tax and/or sales tax, which may be invoiced separately as required. As a rule, all prices include the inner and outer packaging.
    2.2 If for any reason the prices in Bachem’s printed catalog vary from the prices published on the Bachem website (www.bachem.com), then the prices on the Bachem website shall prevail.
    2.3 Bachem reserves the right to add a surcharge for smaller orders and/or for any special shipment conditions (e.g. blue ice or dry ice).
    2.4 Shipping and handling charges apply to all shipments (see also 8.3).
    2.5 All product prices are subject to change without notice prior to confirmation of an order, but no product will be shipped at increased prices without prior notification.
    2.6 Bachem reserves the right to charge a fee on returned products for re-assaying and restocking.
    2.7 Bachem reserves the right not to fulfill orders in the unlikely event the product can no longer be made or the customer is in arrears with any payment.
  3. Placing of Orders
    3.1 Orders may be placed by telephone, fax, email, letter or online through Bachem’s website.
    3.2 Offers and orders placed verbally or by electronic transmission shall only become legally binding if they have been confirmed via a sales order number from Bachem.
    3.3 Orders received by Bachem are firm and binding for the buyer and do not release the parties concerned from their obligation(s) to deliver or to accept delivery, nor release them from their financial obligations to Bachem.
  4. Delivery and Acceptance
    4.1 Delivery terms may vary from country to country. For details check with your nearest Bachem sales office.
    4.2 Agreed delivery deadlines refer to the shipment date of the products. If the delivery deadline is exceeded, the buyer shall specify an appropriate period for acceptable late delivery of the shipment.
    4.3 Bachem’s liability in respect of non-fulfillment or delay of delivery shall be confined to the invoice value of the products.
    4.4 Bachem’s obligation to deliver shall be suspended so long as the buyer is in arrears with respect to commitments or payment obligations.
    4.5 Force majeure of any kind, unforeseeable operational disruptions, shortfalls or failures in delivery on the part of our suppliers, shortages of raw materials, power supplies and/or manpower, strikes, lockouts, problems in procuring means of transport, obstructions to traffic, war, political unrest, acts of terrorism, epidemics, pandemics, natural disasters and order of higher authorities exempt the party concerned from the obligation to deliver or to accept delivery for the duration of the disruption and for any consequential damages arising therefrom, but shall not exempt such party from any financial obligations arising from any products or services already supplied.
  5. Guarantee
    5.1 Bachem guarantees the purity, identity and content of the delivered products according to the results listed on the “Analytical Data Sheet” (ADS) of the lot in question. However, it remains the sole responsibility of the buyer to determine the suitability of all materials for any intended or specific purpose of use prior to use. Bachem makes no warranties as to use for an intended or specific purpose, or merchantability of the product, unless previously expressly agreed in writing.
    5.2 The buyer shall inspect visually and test the product immediately upon receipt to determine whether the condition and quantity of the product conforms to the applicable contractual agreement. Complaints in respect of deficiencies which are detected at the time of testing of the product must be lodged within 8 days of receipt of the product. The complaint shall be submitted in writing with detailed proof of non-conformity, naming specifically the product, the lot number and the invoice number.
    5.3 If the buyer lodges a timely complaint of deficiency or of inconsistency, and if the complaint is justified, the buyer shall receive a replacement delivery. If the replacement delivery is also non-conforming to the prior contractual agreement, then the buyer has the right to request the revocation of the contract.
    5.4 Products which are the subject of complaint may be sent back only with Bachem’s agreement and shipping arrangements for the return must be agreed upon by Bachem in advance.
    5.5 Bachem’s liability is limited in each case to the value of the supplied product.
  6. Use and Liability
    6.1 Bachem expressly draws attention to the fact that its products are intended for laboratory and research purposes only. Bachem therefore supplies such products only for the purposes of public research, experimental and teaching institutes, technical facilities and pertinent industrial units. Any exceptions (e.g. drug substances complying with GMP) are appropriately labeled.
    6.2 Bachem expressly forbids the distribution of dangerous substances to private persons. Bachem also draws attention to the fact that the absence of a hazard warning sign does not indicate that the product concerned is harmless. Bachem shall therefore not accept any liability for damage that could arise from the inappropriate handling of products or from any use in household applications or in humans and animals. Bachem shall likewise not accept any liability for damage (to any property or person) that arises from any inappropriate handling or storage of the products.
    6.3 It is the sole responsibility of the buyer to comply with national or international laws and regulations, including but not limited to pharmaceutical, environmental, and safety related laws and regulations, to the extent that these are applicable to shipment, delivery, storage, trading, further processing or intended use.
    6.4 All information contained in catalogs, brochures, publications and other printed or electronic media is compiled to the best of Bachem’s knowledge. Bachem hereby disclaims any liability for any possible errors or misprints.
  7. Proprietary Rights / Property
    7.1 The products shall be delivered to buyer in each case under reservation of title.
    7.2 Until full payment of the purchase price, including all secondary claims, the supplied products remain the property of Bachem. In the event of the supplied products being used to create a new product, the proprietary rights remain with the vendor.
    7.3 If the buyer fails to meet his financial obligations in spite of late notices, Bachem reserves the right to withhold any further deliveries to the buyer and require the return of the unpaid products at the buyer’s expense, unused and in the original packaging.
  8. Terms of Payment
    8.1 The terms of payment depend specifically on the country of delivery. Unless otherwise indicated by Bachem, Bachem’s invoices are payable within 30 days from the invoice date without deduction. Overdue accounts are subject to a 1.25% monthly service charge (15% annual, or the highest possible rate, according to applicable law).
    8.2 Discount deductions on invoices are not allowed. Reductions in Bachem’s invoices may not be made without a credit invoice or note and if made without a credit invoice or note, shall be considered a late or short payment.
    8.3 In the case of a new business relationship or for other reasons, Bachem reserves the right to change the terms of payment to payment in full or in part in advance of shipment. Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between seller and buyer shall be paid by buyer in addition to the prices quoted or invoiced.
  9. Patent Claims, Protection Rights, Consultancy
    9.1 With any purchase, the buyer acquires the product but no other rights associated with the product. In particular, Bachem remains in possession, and is the sole owner of, of all intellectual property rights related to the manufacturing and composition of the product.
    9.2 The use of trademarks in offers does not provide for the use of such trademarks. Permission for such use must always be obtained from Bachem by the buyer in advance and in writing.
    9.3 Bachem does not offer any guarantee that the use or resale of products which are delivered under the terms of these Conditions of Sale and Delivery will not violate the protection or patent rights of third parties in accordance with the national provisions of the buyer or the provisions of other countries with respect to the delivered product or its use alone or in combination with other products or in any implementation of procedures.
    9.4 Bachem agrees to offer its customers technical support to the best of its knowledge. All proposals by the seller for the use, application or suitability of the products shall not be interpreted as an explicit guarantee of success for the purpose for which the products are intended.
    9.5 Certain uses of a product, which otherwise is in the public domain, may still be protected by patents. Bachem provides such products solely to the respective patent holders or for uses that are not patented or not patented any more. The buyer agrees to engage only in uses of the product that are in the public domain, and to comply with all applicable intellectual property laws and/or regulations.
    9.6 Active pharmaceutical ingredients (APIs) that are sold for the development of patent protected drugs are offered only to the patent holders or solely for uses within the scope of any statute or law providing for an immunity, exemption, or exception to patent infringement (exempted uses), including 35 U.S.C. § 271(e)(1) in the US, and corresponding exceptions to patent infringement in other countries. The buyer of such API agrees to engage only in exempted uses, and to comply with all applicable intellectual property laws and/or regulations.
    9.7 The buyer agrees to indemnify and hold harmless Bachem against all claims, losses or damages in connection with the sale, delivery and use of the products and related possible infringements of intellectual property rights.
  10. Data Protection
    10.1 Data arising within the context of the contractual relations are kept on file.
    10.2 The data shall be handled in conformity with the provisions of the local protection acts.
  11. Electronic Communication
    11.1 The Buyer agrees that Bachem regularly uses electronic means (e.g. internet or e-mail) for communication with the Buyer or with third parties with whom Bachem corresponds in connection with the Buyer’s order. The transmission of information via electronic means involves certain security risks (e.g. computer viruses, Trojans, phishing, etc.). Buyer agrees that Bachem shall not be liable for (a) late or non-receipt of electronic communications or (b) information transmitted electronically or altered by unauthorized third parties or (c) disclosure of information to third parties if such disclosure occurred as a result of unauthorized and unnoticed interference with electronic communications by third parties.
    11.2 The Buyer undertakes to take reasonable measures to verify the authenticity of e-mails and electronic communications. If there is any doubt as to their authenticity, the Buyer shall contact Bachem to confirm the authenticity and shall not open any attachments or transmit any information or payments electronically until all concerns have been resolved. Furthermore, if Buyer is requested to transmit money using wire instructions or bank account information that is different from prior electronic transmittals of funds, Buyer shall confirm the authenticity of such new information. Clarification should be made by using our official telephone number.
  12. Applicable Laws, Domicile, Venue and Severability
    12.1 For companies within the Bachem Group which have their place of business in the US, California law shall be applicable and the exclusive venue for any legal dispute shall be Torrance, California. For companies within the Bachem Group which have their place of business in the UK, the law of England and Wales shall be applicable and the exclusive competent court shall be St. Helens, Merseyside, England. For companies within the Bachem Group which have their place of business in Switzerland, Swiss law shall be applicable and the exclusive venue for any legal disputes shall be Liestal, Switzerland. For companies within the Bachem Group which have their place of business in Japan, Japanese law shall be applicable and the exclusive venue for any legal disputes shall be Tokyo, Japan.
    12.2 If a provision in these conditions of sale or a provision in the context of other agreements are or become legally unenforceable, only that provision shall become null and void and all remaining provisions shall remain enforceable and in effect.

Valid as of March 01, 2022

 

General Conditions of Purchase

  1. Scope
    These General Conditions of Purchase apply to all types of purchase contracts or orders between Bachem and suppliers of Bachem, unless otherwise expressly agreed to in writing.
    The Supplier’s general terms of delivery, whether differing from or complementing these General Conditions of Purchase, shall only apply as far as this is expressly accepted in writing by Bachem. Any implied inclusion of conflicting or deviating general terms and conditions is expressly excluded. Unconditional acceptance of order confirmations or deliveries and services or payment thereof does not indicate an acceptance of the general terms and conditions of the Supplier.
  2. Orders
    Orders are only binding when they are placed in writing, by fax, post or email on a Bachem form and with an order number from the Bachem purchasing department provided.
    Every order shall be confirmed by the Supplier within three (3) working days with all essential order information, in particular the order number, the exact name of the ordered goods and services, the quantity, the delivery date and prices in writing, by fax, post or email. A failure to confirm by the Supplier is considered acceptance of the order to the specified conditions. With the order confirmation or delivery of the ordered goods, the Supplier accepts these General Conditions of Purchase.
  3. Changes of the scope of the order
    Any changes to the agreed scope of delivery, product or product specifications are accepted only with the prior written consent of Bachem.
    Bachem has the right to request modifications to the subject matter and scope of the order during the execution of the order to the same terms and conditions as the original order. Should the Supplier incur any additional costs / savings or schedule changes, the Supplier shall notify Bachem of this in writing within five (5) working days’ of Bachem’s change request.
  4. Delivery and delay
    The delivery is due on the agreed date of delivery at the place of delivery. Delivery dates and delivery periods are binding and shall be adhered to by the Supplier. In the absence of such instructions, delivery is due within fourteen (14) days of the order date. If it becomes apparent that the Supplier is unable to meet agreed deadlines, the Supplier shall inform the Bachem purchasing department immediately (but in any case within two (2) working days) thereof in writing.
    Failure to comply with the agreed delivery dates entitles Bachem to withdraw from the contract or order. Bachem reserves the right to claim for compensation.
    Quantities stipulated in the order shall be observed. Partial deliveries are only allowed upon prior agreement in writing and shall be clearly stated as such on the shipping documents. For weights, dimensions and quantities, subject to further verification, the values measured by the incoming goods inspection department at Bachem are decisive. Bachem reserves the right to make excess deliveries available to the Supplier against compensation of Bachem’s expenditure in terms of time and effort.
    Bachem reserves the right to carry out a quality review upon receipt of goods.
    The delivery is not considered as having been completed until such time as all documents and certificates that belong to the product or are mentioned in the order have been delivered.
  5. Force majeure
    Force majeure, malfunctions for which Bachem is not responsible, labour disputes, measures induced by the public authorities, riots or other unavoidable events entitle Bachem – without prejudice to other rights – to wholly or partly withdraw from the contract or order, insofar as they are not of insignificant length and result in a significant reduction in the demand of Bachem. These events exempt Bachem from the obligation of timely acceptance for the duration of their occurrence.
  6. Packaging, transport, shipping regulations
    The Supplier shall properly pack and ship its deliveries, and shall hereby observe all relevant packaging and shipping regulations. The Supplier shall be liable for all damages arising from the improper or inadequate packaging or dispatch. Dangerous goods shall be classified and packaged according to the provisions and applicable conventions, laws, regulations and guidelines. Relevant safety data sheets shall be provided with the respective delivery. The classification of dangerous goods or, if applicable, the note “non-hazardous materials” must be indicated on the delivery note.
  7. Invoicing
    A separate invoice shall be provided for each delivery which shall not be enclosed in the shipment. Invoices shall be directed to the printed address, Finance Department or can be sent electronically.
    Partial invoices are only possible if corresponding partial deliveries have been agreed to in writing in advance of the invoice date.
    The following details shall be included in the invoice, so that it can be processed by Bachem:
    • Individual invoice number for the Supplier and the date
    • Valid Bachem order number
    • VAT number
    • Bank details/payment address
    • Transport and packaging costs shall each be listed separately.
    If, in an individual case, Bachem agrees to make any prepayments, the Supplier is required to submit a bank guarantee, guaranteeing Bachem Supplier’s service commitment and the respective payment amounts made by Bachem. The bank guarantee must be based on the underlying contract waiving any and all defences and objections.
  8. Price and payment terms
    The price indicated in the order shall be binding. The price must include all services and related services of the Supplier, as well as all related costs (e. g. costs for packaging, transport, liability and transport insurance).
    Terms of payment are sixty (60) days net after receipt of the invoice.
    Unless otherwise agreed to in writing, the payment period begins as soon as the delivery has been made in full (in accordance with Article 4 of this General Conditions of Purchase), the incoming goods control has been completed and the correctly set out invoice has been received by Bachem.
    Bachem reserves the right to withhold the payment if defects in the respective delivery are identified. Payments do not signify any acceptance of the deliveries and services. In the event that payment is provided by Bachem, and a defect is determined within sixty (60) days after receipt of the order, Bachem reserves the right to seek a refund for the amount(s) paid, which will not be unreasonably withheld.
    Invoices that do not meet the requirements of Bachem will be returned unprocessed and unpaid to the Supplier, without Bachem being in default of payment or having to pay for costs arising from the delay.
  9. Confidentiality
    The Supplier undertakes to keep secret any and all commercial and technical information as well as documentation that are not generally known to the public, of which they become aware through the business relationship, not to disclose these to third parties, and to use them exclusively for the provision of the supplies ordered
  10. Warranty
    The Supplier undertakes warranty for the absolute contractual and flawless delivery, the use of suitable raw materials and goods in good condition, which are suitable for the intended purpose. The Supplier is obliged to ensure that the delivery items correspond to the agreed specifications stipulated by Bachem in the purchase order for manufactured goods and any applicable quality agreements as well as the relevant laws, standards, regulations and other provisions.
    As it is not possible in some cases to check the agreed quality of the goods supplied directly after delivery, the Supplier agrees, by accepting the order, to accept notices of complaint that do not adhere to the complaint period.
    The Supplier shall ensure that consistent quality is supplied for recurring orders. Quality-relevant changes are permitted only with the prior written consent of Bachem.
    The warranty period is twenty four (24) months from delivery; for replaced or repaired goods the warranty period renews in full upon their delivery. The warranty includes actual or legal defects in the goods as well as the absence of warranted or supposed characteristics.
    If, during the warranty period, Bachem finds that the delivery or parts thereof contain defects, it will communicate this to the Supplier. The Supplier undertakes to repair the defective goods or parts at its discretion or to replace them. If, within a reasonable time, the Supplier fails to restore the condition to contractual conformity, Bachem is entitled at its own discretion to either demand (i) a price reduction, or (ii) to repair defective goods itself, or (iii) have them repaired by a third party at the expense and risk of the Supplier, or (iv) to have them exchanged for the same product, or (v) receive a full refund for payments made.
  11. Liability
    The Supplier shall ensure the scope of appropriate quality assurance, which shall be substantiated on demand. It may be necessary to complete a quality agreement with the Supplier.
    The Supplier shall be liable that goods supplied by the Supplier do not violate intellectual property rights and other legal regulations and that no claims can be made against Bachem as a result of the use of the goods and their sale to third parties. The Supplier shall indemnify Bachem for all losses arising out of the product liability in connection with the delivery. The Supplier agrees to support and/or represent Bachem in negotiations and litigation. Bachem is obliged to immediately inform the Supplier about such claims. Bachem reserves the right to assert claims against the Supplier notwithstanding any time limitations provided under relevant product liability legislation.
  12. Place of jurisdiction, applicable law
    For companies within the Bachem Group which have their place of business in the US, California law shall be applicable and the venue for any legal dispute shall be the Federal District Courts located in Los Angeles, California. For companies within the Bachem Group which have their place of business in the UK, British law shall be applicable and the competent court shall be St. Helens, Merseyside, England. For companies within the Bachem Group which have their place of business in Germany, German law shall be applicable and the venue for any legal dispute shall be Lörrach, Germany. For companies within the Bachem Group which have their place of business in Switzerland, Swiss law shall be applicable and the venue for any legal disputes shall be Liestal, Switzerland.
  13. Code of Conduct for Supplying Partners
    Upon entering into any kind of business relationship with Bachem, the Supplier accepts Bachem’s Code of Conduct (CoC) for Supplying Partners in its latest version and assures compliance with it. The CoC may be retrieved using the following link: https://www.bachem.com/service-support/general-conditions/.
  14. Severability clause
    If a provision in these General Conditions of Purchase or a provision in the context of other agreements are or become legally unenforceable, only that provision shall become null and void and all remaining provisions shall remain.

Valid as of February 01, 2022

Global Code of Conduct for Supplying Partners

A Message from Leadership

Bachem wants to make a positive impact in the world. Our business is focused on supporting the development of new medicines by offering and delivering high-quality biochemical and pharmaceutical drug products and services to our customers. One of our exceptional contributions to sustainable development is to enable our customers to improve health and promote well-being in society.

As a responsible company, we hold ourselves accountable for how our activities affect the environment and people’s lives across our stakeholder landscape and value chain. We are aware of the responsibilities this entails and have aligned our corporate strategy accordingly.

We adhere to high standards of integrity and expect the same from our business partners. At Bachem, we are convinced that environmentally friendly, socially and ethically responsible conduct and economic success are mutually reinforcing. Thus, our commitment to research and science goes hand in hand with our commitment to sustainability: we conduct our business in the light of socially, environmentally, and economically sound principles.

This is both an important value to us and the key to retaining the trust of our stakeholders and building and strengthening reliable partnerships. We, therefore, want to make sure that integrity in business practices and ethical standards are translated into a consistent and appropriate behavior on a global scale across our supply chain.

Our business partners are essential allies in fulfilling these principles. This is why Bachem shares and promotes internationally agreed and group-wide internalized societal and environmental values to its supplying partners. The Bachem Global Code of Conduct for Supplying Partners embodies these standards. We will preferably select and engage with those third-party business partners who pledge themselves to similar principles. We thank you, our valued partner for sharing our commitment.

Roland Schürmann
COO, Bachem Holding

Pascal Degen
VP Global Supply Chain Management,
Management SCM

Global Code of Conduct for Supplying partners

About this document

This Code defines our ethical and responsible conduct expectations of our supplying partners. To reinforce the standards to which we are committed in our business practices, Bachem developed this third party Code of Conduct founded upon the United Nations Global Compact, the United Nations Guiding Principles on Business and Human Rights, and the International Labour Organization (ILO) standards. This Code is aligned with our core values and principles manifested in the Bachem Code of Conduct.

Applicability

The Bachem Global Code of Conduct for Supplying Partners (hereinafter abbreviated with CoC for Supplying Partners) applies to legal entities who provide materials and/ or services, including, but not limited to, contractors, consultants, suppliers, vendors, business partners, and other intermediaries (all of whom are herein referred to as “partners”) directly and indirectly to Bachem AG and its affiliated companies (in the following named “Bachem”). All partners and their employees must adhere to this Code while conducting business with, or on behalf of, Bachem.

General Principles

1. All dealings by Bachem with its partners are executed based on competitive prices, highest suitability, and required quality. We deal with all our partners in a fair, ethical and respectful way. We treat all our stakeholders equally and uphold an inclusive supplier base. Bachem recognizes the value of diversity in our partnership with partners and seeks to engage with small and large businesses eager to provide innovative, high-value solutions regardless of ethnicity, race, nationality, gender identity or expression, sexual orientation, disability, religious beliefs, or political affiliation.

2. By adhering to applicable law, our internal policies and guidelines, and the Bachem Code of Conduct our business practices are aligned with the requirements we set for our partners.

3. The CoC for Supplying Partners does not replace any laws or regulations. It sets out the principles, guidelines, and expectations we express towards our partners in conducting business ethically, responsibly, and with integrity. In addition, Bachem expects partners to fully comply with contractual terms and all applicable laws and regulations of the countries and regions in which they operate.

4. We expect our partners to encourage their workers to report concerns or potentially unlawful practices in the workplace without the threat of reprisal, intimidation, or harassment. Partners will investigate and take corrective action if needed.

5. We trust our partners and expect them to have appropriate business continuity plans for operations supporting business in place.

6. We strive to enhance sustainability in procurement by adopting and incorporating Corporate Social Responsibility (CSR) principles into our procurement processes and decisions as outlined in Bachem’s Sustainable Procurement Commitment. The CoC for Supplying Partners is the foundation of Bachem’s sustainable procurement strategy. In combination with our Sustainable Procurement Commitment, the CoC for Supplying Partners ensures that procurement activities are based on collaborative relationships that create sustainable value for all stakeholders.

7. We expect our partners to be committed to a sustainable procurement approach by adopting and integrating Corporate Social Responsibility (CSR) into their procurement processes. If partners have outsourced parts of their contractual obligations, the standards of this CoC for Supplying Partners shall also apply to third parties (subcontractors) acting on their behalf.

8. We particularly recognize and value the effort of partners going beyond compliance and sustainability commitments that have been externally validated

Ethical Buisness Practices

Partners shall ethically conduct their business and act with integrity.

Anti-Bribery and Anti-Corruption
• Partners must not engage in or permit any form of corruption, extortion, or embezzlement. They are expected not to offer bribes or other unlawful incentives to anyone and not accept the same.
• Partners shall not offer or grant any unwarranted or inappropriate services or rewards in exchange for business.

Fair Competition
• Partners shall conduct their business consistent with fair and vigorous competition and in compliance with all antitrust regulations.
• They shall employ fair business practices that include accurate, transparent, and truthful advertising and pricing.

Data Privacy and Information Protection
• Partners must ensure that effective organizational and security measures are implemented to safeguard the personal, proprietary, and confidential data and information of Bachem, its employees, and business partners.
• Confidential information is not to be used for any other than the agreed purpose and shall not be disclosed to third parties without prior written agreement by Bachem.
• In the case of the exchange of confidential information, Bachem reserves the right to sign a confidentiality agreement.
• Any information related to an identified or identifiable person must be collected and processed in compliance with applicable data privacy laws (e.g., Swiss Federal Act on Data Protection, EU General Data Protection Regulation)

Labor and Human Rights

Partners shall be committed to protecting the human rights of workers and treating them with dignity and respect.

Respect, Inclusion, and Non-discrimination
• Partners shall treat all employees with dignity and respect at all times.
• Discrimination towards employees on any grounds including but not limited to race, color, age, gender identity or expression, sexual orientation, ethnic or social origin, disability, religious beliefs, political affiliation, union membership, pregnancy, parental or marital status is not tolerated.
• Workers should be provided with a workplace free of discrimination, harassment, victimization, and any other form of inappropriate behavior or abuse (physical or verbal) at all times.

Safe and Healthy Work Environment
• Partners must provide a working environment that minimizes health and safety risks and supports accident prevention, and ensures the health and safety of all personnel and all others affected by their activities.
• Workers shall receive the necessary guidance, training, and supervision to protect themselves and their surroundings against hazards inherent in your processes and products.

Slavery, Forced Labor and Human Trafficking
• All work must be performed under and in accordance with contracts that have been entered into voluntarily.
• Partners shall not use any kind of forced labor, including bonded, indentured, or involuntary prison labor, or engage in any form of slavery or human trafficking.

Child Labor and Young Workers
• Partners shall not produce or manufacture goods or services using any form of illegal child labor.
• The employment of young workers below the age of 18 shall only occur in non-hazardous work and when they are above a country’s legal age for employment and the age established for completing compulsory education.

Wages, Benefits and Working Hours
• Partners shall compensate workers according to applicable wage laws.
• Workers must be informed regarding their employment conditions concerning their wages before entering employment.

Freedom of Association
• We expect our partners to uphold the freedom of association and the right to collective bargaining by meeting or exceeding applicable laws

Environmental Stewardship

We expect our partners to operate in an environmentally responsible and efficient manner to minimize adverse impacts on the environment.

Resource conservation and climate protection
• Partners are expected to safeguard natural resources (e.g., water, sources of energy, and raw materials) and use them economically and responsibly.
• Negative impacts on the environment and climate should be minimized or eliminated at their source or through appropriate practices (e.g., modification of production, maintenance, facility processes, materials substitution, conservation, recycling, and material reutilization).
• We expect our partners to improve their environmental performance by implementing appropriate measures continuously.
• We take it as given that our partners include considerations regarding their contribution to climate change mitigation into their daily decisions and long-term strategies (e.g., through establishing greenhouse gas (GHG) emission reduction targets, selecting low-GHG products and services, and other initiatives).

Waste and Emissions
• Partners shall have processes and systems to ensure the safe handling, movement, storage, recycling, reuse, or management of waste, air emissions, and wastewater discharge.
• Any waste, wastewater, or emissions with potentially adverse impacts on human health or the environment shall be measured, tested, controlled, and (if required) treated prior to release into the environment.
• Partners are required to install systems to prevent or mitigate accidental spills and/ or releases into the environment.
• We encourage our partners to take concrete steps to minimize or eliminate waste across their operations and supply chain.

Monitoring against our standards

Ensuring the principles of sustainable development in our supply chain is essential to Bachem. To strengthen valued business relationships, we take the liberty to invite our partners to EcoVadis sustainability self-assessments or request audits to ensure their compliance. We will demand corrective actions if there is obvious room for improvement. Bachem reserves the right to discontinue any relationship for not adhering to international principles, failure to correct contempt, or displaying patterns of non-compliance with the standards outlined in the present document.

If partners should have any concerns about illegal or improper conduct by Bachem employees and by other Bachem business partners, they can report any potential ethical violations by sending an e-mail to:
[email protected]
or [email protected]

The correspondence will be treated confidentially.

Partners may acknowledge the above principles or demonstrate their commitment via compliance with their own code of conduct or company policies that embrace these standards.

Careers

At Bachem, we believe that our employees make the difference. Representing our corporate culture of passion and commitment, they are the foundation of our success. We therefore strive to attract, retain, and develop highly motivated, well-qualified individuals.

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