Talbots Vendor Agreement
We at Talbots are proud of our tradition of conducting our business in
accordance with the highest ethical standards and in compliance with the
laws of the United States and other countries in which we do business.
Our commitment extends to assuring that merchandise manufactured for us
by independent vendors such as yourself is produced in a manner that is
consistent with our standards (1) with special emphasis on the wage and
hour laws of the country of manufacture; and (2) without the use of
child (under the age of 15), prison or slave labor, even where such
labor is permitted by the laws of the country of manufacture .
Because of the significance of these issues, we are taking this
opportunity to (1) remind you and all of our manufacturers of our
corporate policy that we will not do business with any
manufacturer that knowingly violates the labor laws of the country in
which it operates or permits its contract facilities to do so; and (2)
announce strengthened measures we are adopting to help us make certain
that the merchandise we receive from you complies with applicable law
and our standards. Please note that our requirements also involve (1) a
prohibition on the use of factories (whether operated by you or other
designated contract facilities) without the prior inspection and written
approval of a Talbots employee or authorized agent; and (2) your
adherence to the labelling laws of the United States. Accordingly,
effective with September 15, 1996 onward shipments, we are adopting the
following measures:
- As a precondition to receiving any new orders from Talbots, all
manufacturers located outside the United States must have signed and
returned to us, a new certification that (a) all merchandise to be
manufactured for us (whether by the manufacturer or by the
manufacturer's contract sewing shops or other designated contract
facilities) will be produced in compliance with the wage and hour laws
of the country of manufacture and without the use of child (under the
age of 15), prison or slave labor; (b) no factory (whether operated by
the manufacturer itself or by the manufacturer's contract sewing shops
or other designated contract facilities) shall be used in the
production of merchandise for Talbots unless it has been inspected and
approved, in writing, by an authorized employee or agent of Talbots;
(c) the manufacturer has in effect (or will promptly develop) a
program of monitoring its contract sewing shops and other designated
contract facilities for compliance with the requirements of clause
"(a)" above; and (d) all merchandise shipped to us will comply with
all applicable laws, including, without limitation, the labelling laws
of the United States pertaining to designation of the country of
origin of such merchandise. Although we believe that the details of
how the monitoring program referred to above is accomplished are
appropriately your responsibility, it is important that you understand
our expectation that the pro gram will be meaningful and designed in
good faith to assure that your contract sewing shops and other
designated contract facilities are in compliance with the law and our
standards with respect to child, prison and slave labor. The
certification we are requiring and a return envelope are enclosed for
your convenience. To assure that there is no interruption in the
placement of our orders with you, please return the certification to
us by August 1, 1996.
- Your shipping documents which accompany all merchandise you ship
to Talbots must include the following language (either pre-printed or
"stamped"):
"We hereby certify that the merchandise covered by this shipment was
produced in compliance with all applicable requirements of the wage
and hour laws of the country of manufacture and without the use of
child (under the age of 15), prison or slave labor. We further certify
that all merchandise covered by this shipment was produced solely in
factories that were inspected and approved in writing by your
authorized representative and we have in effect a program of
monitoring any contract sewing shops and other designated contract
facilities which performed work for us in connection with the
production of such merchandise for compliance with the requirements
set forth above."
Any merchandise shipped by you beginning September 15, 1996 that is
not accompanied by a shipping document bearing the required language
will be subject to denied entry and you will be assuming
responsibility for said goods.
- In the future, we will be sending the certification to you for
renewal on an annual basis.
We value the relationship we enjoy with your company and believe that
you share our concern about these issues. We want to thank you in
advance for your cooperation and we look forward to continuing our
relationship with you.
Sincerely,
Executive Vice President
Vice President, Manufacturing
Chief Operating Officer
CERTIFICATION
In consideration of The Talbots, Inc. ("Talbots") placing orders for
the production of merchandise with the undersigned in the future, we
hereby certify that (1) any merchandise (including components thereof)
we produce for Talbots that is manufactured outside the United States
will be produced in compliance with the wage and hour laws of the
country of manufacture and without the use of child (under the age of
15), prison or slave labor; (2) we currently have in effect or will
promptly develop and maintain a program of monitoring any contract
sewing shops and other designated contract facilities which perform work
for us outside the United States for such compliance; (3) the
merchandise we manufacture for Talbots shall be produced solely in
factories (whether operated by us, our contract sewing shops or
designated contract facilities) that have been inspected and approved in
writing by a Talbots authorized employee or agent; and (4) all
merchandise we ship to Talbots shall comply with all applicable laws
including, without limitation, the labelling laws of the United States
pertaining to designation of the country of origin of such merchandise.
We acknowledge that we are an independent contractor for and a
separate and independent enterprise from Talbots and not an employee,
partner or joint venturer of Talbots for any purpose.
We agree to indemnify and hold Talbots harmless from all losses,
injuries or damages, and wages or overtime compensation due to our
employees and the employees of our contract facilities in connection
with all merchandise produced by us and our subcontractors for Talbots.
[Name of your Company]
Date:
By: (Authorized Signature and Company Chop)
Notary Public Seal
Name of Person Signing in English:
Title or Position:
(Signature must be notarized)
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