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The present General Provisions /GP/ are developed on the basis of the internal company documents of “Asarel-Medet” JSC and comply with the Integrated system for management of quality, environment, and occupational health and safety (ISM), which meets the requirements of the standards ISO 9001:2008 - Quality management system, ISO 14001:2004 – Environmental management system and OHSAS 18001:2007 – Occupational health and safety management system.
Requirements.
I. General requirements in compliance with the company’s Operational instruction for the delivery of goods/services.
1. The present General provisions set the rules for the performance of contracts for the delivery of goods/services for “Asarel-Medet” JSC, based on the principles of transparent, objective and well organized procedure for selection of goods/service provider.
2. The selected providers of goods/services will receive draft contracts, typified in accordance to “Asarel-Medet” JSC’s company requirements, integral part of which are the present General provisions.
3. If there is a need for an annex to a contract due to be signed, the annex has to be signed by the same official who has signed the main contract.
4. Integral part of the contracts shall be the described therein annexes, which shall be signed by representatives of the parties to the main contract.
5. Submitting and receiving of the negotiated goods by type, quality and quantity shall be carried out on Buyer’s scales (manufacturing plant/warehouse) after authorized representatives of both parties have signed the Protocol for receiving/submitting of stock-material valuables, which is an integral part of the present contract. In an annex to the present contract, both parties define the persons, authorized to receive and submit the goods or services.
- If for certain goods it becomes clear that there are flaws (defects) or it does not comply with the negotiated by type, quality and/or quantity during the receiving process, the Buyer has the right to refuse the unloading of the goods, while notifying the Seller immediately and returning the goods in question.
- If unloading is permitted by “Incoming control” of the Buyer, the goods shall be considered accepted and received, if within 3 days of signing the Protocol for receiving/submitting of stock-material valuables, they are not reclaimed in writing via duly sent notice to the Seller. If such notice is not present, the goods shall be considered accepted, apart from hidden defects.
6. Reclamation due to noticeable defects of the goods (services) shall be made during the receiving of the delivery and by meeting the following general requirements set by the reclamation procedure:
- If hidden defects are ascertained not later than the end of the warranty period, negotiated in the contract, the Buyer (assignor), notifies within 48 hours the Seller (assignee) by fax or e-mail. The fax must contain data for the delivery date, name of the goods (type of services), name and description of the defect, as well as other, case- and contract-specific, information.
- The seller (assignee) is obliged to provide its authorized representative for on-site check of the reclamation flaws and creation of two-party signed reclamation protocol within 2 (two) working days, starting from the date when the reclamation letter has been received.
- In the case where during the creation of the reclamation protocol the parties do not manage to come to terms with the ascertained type, cause and/or value of the reclaimed flaw (defect), the same must include in the protocol obligation to notify the independent quality authority “Bulgarcontrola”. “Bulgarcontrola”’s act, created on the basis of the reclamation protocol and in the presence of authorized representatives of both parties, is binding on the latter.
- The Seller (assignee) is obliged to fulfill the ascertained reclamation within 30 days from the signing of the bilateral reclamation protocol or from the creation of the act by “Bulgarcontrola”.
- The party in fault shall cover all expenses arising from the reclamation procedure.
7. Providing of technical literature and cooperation:
- The Seller provides with the delivery of the equipment the necessary technical literature needed for its installation and correct exploitation – 2 copies, in the Bulgarian language, and when the delivery is coming from a foreign country – 2 more copies in the English language;
- The Seller provides at his expense a specialist-supervisor during the time of the installation of the equipment and its entering into exploitation. The Buyer is responsible for the quality of the equipment’s installation;
- The Seller provides at his expense specialist during the period after installation, who has to carry out the needed inspection actions of the equipment within the warranty period;
- The Seller shall cover all expenses, related to the carrying out of his obligations arising from this clause.
8. Force-majeure circumstances: A force-majeure circumstance shall be considered every circumstance which is beyond the reasonable control of the parties and it could not been foreseen or prevented, including but not limited to: earthquakes, fires, floods, epidemics, military conflicts, civil outbreaks, as well as bans, limitations, prescriptions, orders, etc. Similar, imposed by individual or normative acts of national and municipal authorities. Force majeure is not present where the event is due to failure to fulfill a requirement stemming from the contract by a party to the same or where the event can be defied by fulfilling the said requirement. Force-majeure circumstances delay the negotiated delivery period for the goods (services) dependent on their longevity. The party, which suffers from force majeure, shall notify in writing the other party within 3 days from the occurrence of the circumstance and shall prove it via certificate, created by the corresponding commerce chamber. The lack of written notice is foundation for imposition of liability for losses on behalf of the party that has failed to fulfill its obligations.
In the case where the performance of the contract is delayed by more than 3 months and if both parties to the contract can’t reach an agreement in relation to its further fulfillment, then the Buyer (assignor) has the right to terminate the further fulfillment of the contract, while the Seller (assignee) has to immediately, and without any legal formalities on behalf of the Buyer (assignor), return the received payments to date.
9. The parties to the contract shall send all messages and notices between them only in writing. The written form shall form requirement shall be met also when they are sent via telefax or other technical device, which eliminates the possibility of incorrect representation of the message. For changes in the addresses for correspondence and the contacting persons, the respective party has to send notice to the other within 3 days from the change.
10. The contract agreed upon by the parties may be changed or supplemented by them through separate agreement, made in writing.
11. The contract may be terminated on one of the following grounds:
- Expiration of the negotiated contract validity period;
- If the performance of the object of the contract has become impossible;
- By mutual agreement;
- In case of significant failure to perform the contract (failure, which leads to inability to achieve the negotiated results), the suffering party has to warn the delinquent party and to propose suspension of the violation and removal of its consequences in sufficient time period, after which the right for unilateral termination of the contract arises on behalf of the suffering party;
- By 1-month notice on behalf of the Buyer (assignor)
- On other grounds, expressly stated in the contract.
12. The correspondence between the parties, which relates to the performance of the contract they have signed, shall be predominantly presented in electronic form (eg. E-mail, magnet carrier), including when the information has been presented in paper form (eg. Projects, reports for actions carried out, opinions, reclamation files, information in the sense of art. 15 below, etc.)
13. In relation to the interpretation and performance of the contract made between the parties, as well as all disputes, whose subject is the contract, to the contracts made with Bulgarian partners, the laws in force in the Republic of Bulgaria shall be applicable, and to the contracts made with foreign individuals and legal persons, application of neutral for both parties laws shall be negotiated.
14. All disputes and disagreements between the parties shall be resolved by bona-fide negotiations. The agreements reached shall be formed in writing and are integral part of the contract. In the case where agreement cannot be reached, the dispute shall be referred to the Arbitration Court of the Bulgarian Chamber of Commerce – Sofia or to the International Commercial Chamber – Paris, dependent on whether the counterparty is Bulgarian or foreign individual or legal person.
15. “Asarel-Medet” JSC and the External partners, signing contracts with it, are committed to inform immediately in writing not only the contact persons, listed in the contract, but also the representative of the respective association, who has signed the contract, shall non-performance of mutual obligations be ascertained, or if the performance of contractual obligations is done in careless and/or mala fide manner on behalf of officials from both companies, or if tendencies for such have arisen, with objective quick elimination of the admitted violations and flaws, which can have future negative impact on the general performance of the mutually agreed obligations or cause damages and losses to the partners.
16. Shall there be need for workers/employees to stay in “Asarel-Medet” JSC, the same and its External partners are committed to the condition that the workers/employees shall use the accommodation premises, property of “Asarel-Medet” JSC on preferential prices, agreed for employees/workers and official guests of the company.
II. Requirements of the implemented in 2003 y. Integrated system for management in “Asarel-Medet” JSC, based on ISO 9001:2008 - Quality management system, ISO 14001:2004 – Environmental management system and OHSAS 18001:2007 – Occupational health and safety management system
II.1. Occupational health and safety conditions
The present requirements are developed in accordance to the internal company’s documents, art. 277 of the Labour Code, art. 18 in relation to art.14 of the Occupational health and safety conditions Act.
1. “Asarel-Medet” JSC introduces all External partners and assignees to signed contracts, working on the premises of the company, with its established internal rules for occupational health and safety. All external assignees are committed to bind by them and in their role as Employers to provide conditions for occupational health and safety to their employees.
2. Those working on the premises of the company are committed to bind by the established in “Asarel-Medet” JSC rules for occupational health and safety, guaranteeing their own safety and the safety of every other person, occupied in the respective activity.
3. Workers are committed to come to their working place in condition, which allows safe, healthy and quality performance of their respective assignments.
4. Those working in the controlled by “Asarel-Medet” JSC premises are allowed to start activities only after the OSH department, in accordance with Ordinance No. RD-07-02 for the conditions and order of periodic instruction of the workers and employees carried out by the rules for occupational health and safety, has given initial instructions. The instruction shall be carried out according to the established program and shall be registered according to the established order by the OSH department chief, and if he is not present – by an OSH inspector. The OSH department gives to the workers an official notice based on sample annex No.2 to art. 12, para. 3 of the Ordinance No. RD-07-02 for the training and instruction in 2 copies, one of which shall be sent to the filing of department “Company Security” in order for a pass to be issued, and the second shall be preserved during the contract validity period by the technical supervisor (occupational health and safety coordinator) to the assignee.
5. The executives of the Assignee companies, which lead activities in premises controlled by “Asarel-Medet” JSC, are responsible for the carrying out of the periodical and other types instruction of their workers. Executives of External companies evaluate the risk before commencing work and until its final conclusion.
6. The use of appropriate working attire (with visible and legible marking of the name of the Assignee company), such as helmets, gloves, safety glasses, masks and protecting boots is obligatory during activities on the territories, controlled by “Asarel-Medet” JSC. Dependent on the specificity of the activities carried out, if needed, special personal protecting tools shall be used. The needed personal protecting tools and special working attire of the workers on the territory of the company shall be provided by the Assignee at his expense, according ot the initial risk evaluation.
7. Admitted to work on territories, controlled by “Asarel-Medet” JSC, shall be only instructed personnel in good health condition. The Assignee and his subcontractors are obliged to organize, at their expense, prior medical checks, according to the character of the activity to be carried out and the specific working environment. In activities, which require current control of the health condition of the personnel, engaged in their fulfillment is the Assignee, who is obliged to sign contract with authorized medical specialist. In the case where severe, life-threatening traumas occur at the working site, the Assignee is committed to seek immediately for the medical team, employed in the territory of “Asarel-Medet” JSC. The emergency phone numbers are 246 and 150.
8. For the workers in the territories, controlled by “Asarel-Medet” JSC during work it is obligatory to bring valid certificates for capacity and other qualification, required by the normative documents for providing occupational health and safety conditions.
9. The executives of the companies carrying out activities in the territories controlled by “Asarel-Medet” JSC are responsible for the personnel’s capacity and qualification.
10. The executives of the companies carrying out activities in the territories controlled by “Asarel-Medet” JSC are responsible for the compliance with and application of all normative requirements of the Republic of Bulgaria for providing occupational health and safety conditions in force.
11. Where more than one Assignee company has to work at the same place at the same time with another external company, prior to that is created and jointly adhered to a specific instruction for the safe joint carrying out of the work between the assignee companies and “Asarel-Medet” JSC.
12. The executives of the companies that carry out construction, repair, etc. activities in the territories controlled by “Asarel-Medet” JSC, define in written order their health and safety coordinator, while notifying about that the contract leader on behalf of “Asarel-Medet” JSC, who has to present this information at the OSH department.
13. Licenses for the carrying out of specific types of activities (for example, but not limited to – fire-activities (obligatory compliance with Ordinance Ih-2377/2011 y. for the rules and norms for fire safety during exploitation of the facilities); excavation activities; activities in relation to the supervisory ordinances; work in closed containers; explosive activities; mechanical safety; interruption of providing electricity, water, steam, air, gas, oil, etc, required by special normative acts) must at all times be available at the working-site at the territory of “Asarel-Medet” JSC.
Working equipment - own or hired by the Assignee, including welding machines; equipment for gas-oxygen cutting and welding; safe lighting; temporary repair scaffoldings and ladders; fire safety tools and first aid equipment; all types of facilities with increased danger (FID), in the sense of art. 32 of the Technical requirements for products Act, which are used for carrying out the activities in the territory of “Asarel-Medet” JSC, must be in good condition, checked and used as intended and according to the normative requirements.
Facilities with increased danger (FID), which are not registered and do not have actual revision acts from checks made by the authorities for technical supervision, are not allowed in the territory of the company. The revision acts from the checks of FID shall be at all times available at the working site.
The OSH department in relation to the occupational health and safety conditions may check ladders and scaffolding projects and instructions for standard modular scaffoldings, property of the external assignees.
14. Organization of the working site:
14.1. The specific rules for occupational health and safety during work at “Asarel-Medet” JSC, presented during the safety instruction and operative meetings, must be adhered to by everyone, always and at all times.
14.2. It is obligatory for all road signs and markers in the territory of “Asarel-Medet” JSC to be adhered to. The allowed moving speed for all motor vehicles is 30km/h, with seatbelts on.
14.3. When working at height people, equipment and the used materials shall be protected from falling (by the use of nets, belts, etc.)
14.4. The Assignee is obliged to mark clearly his working site with appropriate enclosure (fence, lines, division boards) and to signal with signs in order to ensure safety. For transport of persons and materials, only previously defined roads shall be used.
14.5. When carrying out risky activities and use of facilities, technologies and compounds, which can harm the health and life of the workers or may lead to large-scale manufacturing breakdown in the territories controlled by “Asarel-Medet” JSC, the Assignee shall form a Plan for prevention and elimination of breakdowns, which shall be coordinated with General director, dedicated director, department manager, leading the current control of the contract performance, OSH department and Regional Fire Safety Department.
14.6 The oxygen and gas bottles used while carrying out activities by external assignees shall be used only at standing position, protected from falling, with functional reduction-valves and caps. The same shall be kept clean and oil-free. Shall be used within the recommended fire-safety distances from each other and from flammable materials. They shall be kept and transported in accordance with the normative requirements. The Assignee shall provide the necessary appropriate fire-safety tools during the carrying out of fire works. Where there is own delivery of barrels and bottles for transport of compressed, liquefied or dissolved under pressure gasses, the Assignee has to show the organization created by him for technical supervision by licensed persons.
14.7. The external companies-assignees-owners or users of facilities with increased danger, are obliged to provide their servicing by personnel that has the required qualifications and capacity. The number of the personnel shall be defined in the project of the facility or by the authorities for technical supervision. The external company-assignee-owner or user of facilities with increased danger and the servicing personnel are obliged to prevent the exploitation of facilities:
- with device, which does not comply with the normative requirements;
- which show fault or defect when working
- to which no technical supervision in accordance with the Technical requirements for products Act and the ordinances in relation to its application is made.
15. In the case of breakdown or situation that threatens the life and health of workers in territories controlled by “Asarel-Medet” JSC, the department “Occupational health and safety”, “Asarel-Medet” JSC, shall be contacted immediately by dialing tel. 375 or GSM +359887 709836, Health authority – tel. 246 and 150, “Company Security” – officer on duty tel. 285, Emergency safety service and fire safety – tel. 160 and 372, and their instructions must be followed.
16. The OSH department of “Asarel-Medet” JSC carries out periodic or triggered by signal checks for meeting the present General provisions. The written statements and prescriptions of the department are binding on the parties to the contracts with the company. The OSH department has right to terminate the work, to dismiss workers and employees, who do not have the required capacity, no personal protecting tools and with their actions may harm their and other persons’ health and safety.
17. The counterparties, carrying out activities in the controlled by “Asarel-Medet” JSC territories are obliged to use only functional machines, devices and facilities, which have passed all tests and checks in accordance with the normative requirements. In the case where technical flaws are present, the same persons are obliged to undertake all necessary and timely measures for the immediate elimination of the said flaws.
18. In the case where concentrates are being shipped, the vehicles approach for loading after a signal has been given by the operator /Quality Control and Metrology/
19. It is forbidden for people to pass under the bunkers for loading of the ready production.
20. Temporary electric power:
- The Assignee uses own switchboards with the respective degree of protection to supply his electricity users.
- The Assignor defines the places for joining and the acceptable load.
- The Assignor carries out the connection of the outputs to its switchboards or of separate Assignee users only if the same meet the requirements set by Ordinance No. 3 from June 9, 2004 y. for the structure of electric set-up and power lines, Ordinance No. 16-116 from February 2, 2008 y. for technical exploitation of the energy equipment and the OSH Rules in relation to the energy equipment.
- Switching from one power site to other or adding users by the Assignee to the electric facilities of the Assignor, without his consent, is forbidden.
- The Assignee places the electric extension cords and power cables of the set-up in a manner which does not permit the damage of their isolation by transport tools and vehicles, manufacturing facilities, etc. that belong to the Assignor.
- The Assignee sets up the used electric facilities in a manner, which prevents the direct or indirect contact by employees of the Assignor.
21. Behavior rules:
21.1. The use of alcohol or all other types of drugs and narcotic compounds in the territories, controlled by “Asarel-Medet” JSC, is completely forbidden.
21.2. All accidents, injuries, delivered first aid, material damages, shall be immediately reported to the OSH Department of the Assignor.
21.3. The obligations and responsibilities of the Assignee, “Asarel-Medet” JSC, and suffering parties are defined in the Occupational Health and Safety conditions Act.
22. Order and cleanliness:
22.1. Always and at all times the Assignees are obliged to tidy all materials and spare parts and to clean the working site from rubbish, immediately after they have finished work.
22.2. Eating on the working sites is forbidden. This action can only take place in spaces, which meet the sanitary requirements.
22.3. Drinking water from uncontrolled sources is forbidden.
23. In the case where damages from non-complying with the above requirements, the counterparties, carrying out activities in the territories, controlled by “Asarel-Medet” JSC, shall be responsible to full extent for the damages occurred. In the case where non-compliance with the OSH Act is ascertained, the responsible persons are sanctioned by the OSH Department with violation receipt. On the basis of the same, the owed remuneration as per contract /service value/ to the Assignee shall be reduced by 100 levs for each separate case, and if the violation occurs again – by 500 levs.
Persons who systematically violate the occupational health and safety rules shall be immediately dismissed from work and are no longer given access to the territory of “Asarel-Medet” JSC.
All described requirements are applicable also to the subcontractors of the Assignee. The Assignee shall automatically be deemed a coordinator in the case where subcontractors are used. In the case where subcontractors are being hired, the Assignee is obliged to present them with the current Annex to the Contract signed with “Asarel-Medet” JSC for information and compliance on behalf of the subcontractors.
II. Ecology requirements
The counterparties, carrying out activities on the territories, controlled by “Asarel-Medet” JSC, are obliged to comply with the following rules:
1. At the entrance to the enterprise, all vehicles shall be checked by the person on duty at the checkpoint, the contract leader or his employee. In the case where leakages or spillage of materials is ascertained, the same are admitted on the territory of the enterprise only after the incompatibility has been eliminated.
2. Contamination or throwing of all types of materials or rubbish on the territories, controlled by “Asarel-Medet” JSC is forbidden, apart from the designated for such purposes places.
3. In the case where repair of transport vehicles and/or other machines is required, the same shall be carried out only at the designated place on the territory of the enterprise – repairing center, at approved by the management places for repair facilities of the respective partner, or outside of the enterprise’s territory.
4. In the carrying out of construction and repair works on the territory of the enterprise, daily and after finishing work, all rubbish shall be removed.
5. The waste generated from repair works /oils, filters, etc. consumables, oiled bran and other waste/ shall be collected separately in the designated for the purpose and labeled containers/barrels in the respective workshop or transported outside the enterprise’s premises.
6. In the case of emergency leakage or spillage of fuels and lubricant materials, the Ecology Department of “Asarel-Medet” JSC shall be notified immediately – tel. 254 or GSM +359 887 800071 and Company Security – officer on duty tel. 285, and immediate measures shall be taken for reducing its effect on the environment.
7. After loading the vehicles, carrying concentrate, the baskets of the same shall be covered with covers, serving the purpose of preventing spillage of the concentrate during movement.
8.The Ecology Department of “Asarel-Medet” JSC leads current surprise checks and checks based on signals in relation to compliance with the ecology requirements. The protocols, issued by the Ecology Department for ascertained non-compliance are binding upon the parties to the contracts.
9. In the case of ascertained non-compliance or failure to meet the ecology requirements by external partners, carrying out the respective activity, the same shall be fined by obligatory recovery of all expenses for actions undertaken in order to eliminate the damages occurred. Reducing the contractual remuneration owed to the Assignee shall do the recovery of these expenses.
10. In the case of failure to comply with the prescription issued after a secondary check from the Ecology Department, a report containing sanction proposal shall be issued. Based on the sanction proposal, a reduction of the remuneration /service value/ owed to the Assignee as per contract shall be made, amounting to 100 levs for each separate case and 500 levs for reoccurring failure.
II.3. Company Security
1. The established rules are binding for all persons, who work in “Asarel-Medet” JSC, as well as each and every visitor or other person, passing through its territories.
2. All vehicles and persons that enter pass through or leave the enterprise’s territories, shall be checked by the officer on duty at the checkpoint.
3. Persons in visibly intoxicated condition shall not be allowed to enter the enterprise’s territory.
4. The immediate application of the rules for entering is done by the officers from the security police unit and unit “Armed security”.
5. All passing through the checkpoints of the enterprise are obliged to comply with the commands of the security staff in relation to complying with the current instruction.
6. The official entrance to “Asarel-Medet” JSC is Checkpoint No.1 at the “Asarel” site.
For Assignees of negotiated tasks, the realization of which shall be done on the territory of site “Medet” or ВОС “Lyulyakovitza”, an entry through Checkpoints No.2 or No.4 is acceptable, after receiving an electronic pass that grants direct entry at the respective region, which shall be done in accordance with the established below order from Checkpoint No. 1.
7. Entry and exit from the premises of the enterprise shall be done only after presenting the Identification electronic pass (IEP) and the respective checks carried out by the security.
8. IEP are two types:
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Single pass – these grant entry to the territory of the enterprise within the day.
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Temporary – these are valid for a period no longer than 6 months
In the IEP it is written the period for allowed visits and the Checkpoint, for which it is valid. IEPs are issued personally to individuals and motor vehicles. The vehicles IEP is valid only for the vehicle and the person who drives it.
Temporary passes for period no longer than 6 months are issued shall the territory visiting frequency be no less than once a week. In all other cases single passes shall be issued.
The IEP issued for vehicles is valid only for the movement of the vehicle and its driver from the Checkpoint to the destination site or parking lot. No deviation from the route is allowed.
IEP for individuals are issued by name, with unique identification code. It is FORBIDDEN to reassign the IEP for the use of other individuals, well as its use for unauthorized access of third parties to the controlled areas.
Access of external companies for the carrying out of a certain work with people and equipment on the territory of the enterprise during carrying out of joint tasks shall be done by the following order:
1. Based on the signed contract with companies and persons for the carrying out of activities on the territory of the enterprise, the contract leading specialist shall remind the respective company/person for the need of the sending on their behalf of a written request-proposal, addressed to the CEO of “Asarel-Medet” JSC for the issuing of the needed IEPs to individuals and vehicles, which will visit the enterprise during the carrying out of the negotiated tasks.
2. In relation to the access of external companies for the carrying out of a certain work with individuals and equipment on the territory of the enterprise during the carrying out of joint tasks, as well as for IEP to be issued, it is needed for the individual or legal person to present in accordance to the contract in force a request by sample containing the full data for the individuals and the vehicles - PIN, three names and ID card number for individuals, and for vehicles – full registration number with the driver of the vehicle. The needed technological time for the issue of IEP is no longer than 5 (five) days.
The request shall be accompanied by the following documents:
- list –proposal of the persons, who will work on the territory of the enterprise for carrying out of the contractual obligations, containing three names, PIN, and home address.
- List of vehicles and ПСТ by type, make, ДК No. or inventory number and designated driver.
- Description of the imported inventory and stock-material valuables, needed for the carrying out of the contractual obligations;
- Proposal in writing for the order and specimens for entry of individuals, supply of fuel and lubricant materials, spare parts and consumables /if needed/, the order and documents for their export, parking stand and residence lot, charging places with fuel and lubricant materials and places for carrying out of repair activities. The respective Director with regards to the enterprise’s interest shall confirm the proposal.
- Document for passed instruction from the OSH Department for the external persons.
3. The contract leading specialist gives statement in relation to the need of issuing the respective types of passes, which accompanies the external companies’ and individuals’ request for pass issue.
4. The statement of the contract leading specialist shall be delivered to the Head of “Company Security” Department for acquaintance, taking of decision and /if needed coordinated with the CEO/ and organization of the pass issuing according to the established rules in the enterprise.
5. The contract leader on behalf of “Asarel-Medet” JSC is available to provide further information to the external counterparties in relation to the order and the conditions of the access regime in “Asarel-Medet” JSC.
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