BY SIGNING BELOW
THE UNDERSIGNED CONTRACTOR (OR CONTRACTOR'S SUPPLIER OR SUBCONTRACTOR
REFERRED TO HEREIN AS CONTRACTOR) ACKNOWLEDGES THAT FRUIT OF THE LOOM
("FRUIT") DOES NOT CONDONE OR PERMIT THE VIOLATION OF ANY APPLICABLE
DOMESTIC, FOREIGN OR INTER NATIONAL LAWS, RULES OR REGULATIONS,
INCLUDING, WITHOUT LIMITATION, ANY SUCH GOVERNING EMPLOYMENT AND LABOR,
THE ENVIRONMENT, THE PROVISION OF SERVICES AND THE SALE OF GOODS.
CONTRACTOR FURTHER ACKNOWLEDGES THAT FRUIT DOES NOT CONDONE OR PERMIT
THE USE OF CHILD, FORCED, INDENTURED, INVOLUNTARY, PRISON OR
UNCOMPENSATED LABOR UNDER ANY CIRCUMSTANCES, OR ANY ACTIVITIES WHICH ARE
IN VIOLATION OF U.S. CUSTOMS LAWS, INTERNATIONAL AGREEMENTS OR FOREIGN
LAWS, INCLUDING, BUT NOT LIMITED TO FALSE DECLARATIONS OF COUNTRY OF
ORIGIN OR OTHER FALSE DOCUMENTATION, COUNTERFEIT VISAS OR ILLEGAL
TRANSSHIPMENTS TO EVADE THE TEXTILE QUOTA RESTRAINT AGREEMENTS
NEGOTIATED BETWEEN THE COUNTRY OF EXPORT AND THE UNITED STATES.
CONTRACTOR ACKNOWLEDGES THAT FRUIT MAINTAINS A POLICY AGAINST ENGAGING
IN ANY ILLEGAL ACTIVITIES AND WILL NOT BUY OR SELL PRODUCTS OR SERVICES
PROVIDED THROUGH THE USE OF ANY UNLAWFUL OR UN ETHICAL PRACTICES.
In furtherance of the foregoing, Contractor represents and warrants
that Contractor is: (1) not engaged in, and will not engage in, any
unfair labor, wage or benefits practice or practices violative of the
laws or regulations of the country of manufacture or assembly of
products or involving unsanitary, unhealthy and/or unsafe labor
conditions, the employment of child, forced, indentured, involuntary,
prison or un compensated labor, the use of corporal punishment,
discrimination based on race, gender, national origin or religious
beliefs, or similar employment activities or conditions; (2) in
compliance with, and will continue to comply with, all applicable laws,
rules and regulations, including but not limited to, those pertaining to
environmental matters, in the conduct of its business and the
manufacture or assembly of products for Fruit; (3) in compliance with,
and will continue to comply with, all applicable laws, rules or
regulations governing the provision of services or the international
sale of goods and, where applicable, it owns or may legally purchase
rights to export textiles and textile products under the mandatory quota
agreements in effect between the country of export and the United
States; and (4) not engaged, and will not engage, in any activity which
is in violation of U.S. Customs laws or regulations, international
agreements or foreign laws governing the international sale of goods,
including, but not limited to, false documentation, counterfeit visas or
illegal transhipment to evade textile quota restraints negotiated
between the country of export and the U.S. For purposes of this Code of
Conduct, "child labor" means the use of children who are less
than the age of compulsory schooling in the country of manufacture and,
in any case, shall not be less than 15 years. Note that Fruit condones
and supports legitimate, legally sanctioned, government sponsored
workplace apprenticeship and educational programs for persons under such
age.
Contractor acknowledges that it is Fruit's policy to stop and/or
prevent known illegal activities. If Fruit determines that Contractor or
any supplier, subcontractor or agent of Contractor has violated any
applicable law, rule, or regulation or has engaged in
any of the above practices, Fruit may: (a) provide all available
information, including the name of such Contractor, supplier,
subcontractor or agent, to applicable govern ment agencies and law
enforcement officials for appropriate action; and (b) exercise its
contractual termination rights under the applicable agreement(s) or
purchase order(s).
To assist Fruit in assuring compliance with this Code of Conduct,
Contractor agrees to: (i) require all of its officers and employees who
will be responsible for or involved with the implementation of
procedures designed to ensure compliance with this Code of Conduct to
review and familiarize themselves with this Code of Con duct; (ii)
require all of Contractor's suppliers, subcontractors and agents to
execute and deliver to Fruit a Code of Conduct on or before execution of
an applicable agreement or purchase order with Fruit; (iii) provide
Fruit with access to its and any Fruit authorized Contractor supplier,
subcontractor or agent production facilities to conduct inspections;
(iv) provide, upon request, Fruit with proof of production, including
without limitation, shipping documents, cutting and sewing reports and
similar documentation; and (v) provide, upon request, Fruit with proof
of compliance by Contractor and its suppliers, subcontractors or agents
with applicable labor laws and including, without limitation, proof that
all employees meet minimum legal working age and pay requirements and
the right to interview such employees regarding the same. Fruit intends
to make every available effort to assure the veracity of all documents
it receives and reviews and the authenticity of Contractor's sources of
supply.
Contractor acknowledges and agrees that Fruit may require Contractor
to reaffirm this Code of Conduct or execute a new Code of Conduct from
time to time and that this Code of Conduct replaces and supplants any
prior Code of Conduct governing Contractor's relationship with Fruit. As
a duly authorized officer or director of Con tractor, the undersigned
acknowledges that he/she has read this Code of Conduct and understands
that Contractor's business relationship with Fruit is based on
Contractor's full compliance with this Code of Conduct. The undersigned
under stands that Contractor's failure to abide by the terms of this
Code of Conduct may result in Fruit's immediate cancellation or
termination of any and all outstanding agreements and purchase orders
between Fruit and Contractor, including, without limitation: (aa)
Fruit's cancellation of orders for goods made while Contractor was not
in compliance with this Code of Conduct or goods in process or scheduled
to be made at the time of cancellation or termination, whether involving
raw materials, work in process or finished goods, or in Contractor's,
Fruit's or a third party's possession; and (bb) Contractor's prompt
refund to Fruit of any monies paid in connection therewith.
Contractor hereby certifies that it proposes to (___)/will not (___)
use any suppliers of component parts, other than Fruit or its
affiliates, or subcontractors or agents in connection with the
manufacture and/or assembly of products for Fruit. If Contractor
proposes to utilize any suppliers of component parts, subcontractors or
agents in connection with the manufacturer or assembly of products for
Fruit, Contractor agrees to attach to this Code of Conduct: (a) a
statement (on the form supplied by Fruit) disclosing the company name,
plant address, telephone and fax numbers and con tact names of any such
suppliers, subcontractors or agents, all of whom shall be subject to
review and prior written approval or disapproval by Fruit, and (b) a
signed Fruit of the Loom Contractor Code of Conduct signed by each such
person or entity. Contractor acknowledges and agrees that it is Fruit's
standard policy: (i) for assembly programs not to approve any
subcontractors or agents where Fruit provides component parts for
assembly; and (ii) for turn-key sourcing programs not to approve
any subcontractors for suppliers of component parts to contractors or
subcontractors or agents to assist contractors in their assembly
operations.
Please indicate whether there are any attachments to this Code of
Conduct and their number:
No (____)/yes(____) |
Number of Attachments (if any): |
ACCEPTED AND AGREED TO BY: |
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CONTRACTOR: |
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By: ______________________________ |
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Name: _______________________________ |
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Title: _______________________________ |
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Dated:______________ 199__ |
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