Terms of Cooperation
The Customer is obliged to demand and receive from the End Recipient consent to the processing of personal data in accordance with the requirements of the law from each patient, since in the course of remote service / diagnostics and remote monitoring of the Equipment, it is impossible to exclude the access of LLC GC “Synergy” to personal data.
The Customer confirms that he has received the consent necessary in accordance with the requirements of the constituent documents or legislation to conclude these Terms from the Customer's management bodies (Board of Directors, General Meeting of Shareholders / Participants). Any unfavorable consequences arising from LLC GK "Synergy" due to failure to notify, conceal or distort by the Customer any information about the fulfillment of the requirements of the constituent documents or legislation on the approval and coordination of the conclusion of this Agreement shall be borne by the Customer.
The customer is obliged, within 10 calendar days, to inform LLC GC "Synergy" about the change in the composition of the founders and, upon request of LLC GC "Synergy", provide copies of supporting documents.
The Party is obliged to notify the other Party in writing about changes in bank details, postal or legal address within 10 (ten) business days from the moment when the corresponding changes took place.
Notices and correspondence regarding the conditions will be considered valid if they are made in writing, when delivered by courier against receipt, registered mail, or given by telegram, or sent by fax, with confirmation (fax machine answering) that the addressee has successfully received the fax message.
Invoices for payment, notification of readiness for shipment, storage application and notifications of acceptance or rejection of storage applications, reminders of debt, copies of primary documents, as well as in cases expressly specified in the Agreement, other documents may be sent by e-mail. Such emails can be used as evidence in court.
LLC GC "Synergy" has the right to demand from the Customer a proper confirmation of the powers of the persons acting on behalf of the Customer, and the Customer is obliged to provide such confirmation. In particular, the powers of the persons acting and signing on behalf of the Customer the documents listed below under the Terms and Conditions must be confirmed by a power of attorney:
- Packing list;
- Certificate of readiness for installation of Equipment manufactured by Siemens;
- Certificate of completion;
- The act of acceptance of work;
- Certificate of acceptance of the Services;
The original power of attorney addressed to the persons authorized by the Customer to perform the above actions and sign the above documents must be handed over by the Customer to Synergy Group LLC no later than sixty (60) days later. In case of non-receipt of the specified power of attorney, LLC GK "Synergy" has the right to suspend the performance of its obligations by notifying the Customer about it, and is not responsible for the delay caused by this.
Synergy Group LLC has the right to transfer the documentation received from the Customer, or the documentation prepared in connection with the execution of this agreement to third parties, provided that such transfer is carried out for the purpose of further execution of this agreement.
LLC GC "Synergy" has the right to subcontract third parties to perform Works, provide Services. LLC GC "Synergy" is responsible for the actions of such persons as for their own.
The customer is not entitled to transfer, in whole or in part, any rights or obligations to a third party without the prior written approval of LLC GK Synergy.
If the Customer moves goods (hardware and (or) software and (or) technologies, as well as the corresponding documentation, regardless of the method of its provision) delivered by LLC GK "Synergy", or works and services (including all types of technical support) provided by LLC Synergy Group of Companies to a third party, the Customer must comply with all applicable national and international (re-) export control rules. In all cases of movement of goods, works and services, the Customer must comply with the (re) -export control regulations of the Federal Republic of Germany, the European Union and the United States of America.
Before any movement of goods, works and services provided by LLC GC "Synergy" to a third party, the Customer, in particular, will check and guarantee that: during the transfer, brokerage support of this agreement in relation to goods, works and services or when providing economic resources in relation to these goods, works and services will not be allowed to violate the embargo imposed by the European Union, the United States of America and (or) the UN, as well as local restrictions from the prohibitions on bypassing such embargoes; such goods, works and services are not intended for use in relation to ammunition, nuclear technology and weapons, unless the necessary permission has been given for this; includes all the "Approved Lists of Parties" in force in the European Union and the United States of America in relation to trade with businesses, persons and organizations specified in these lists.
If it is necessary to involve official bodies in the inspection of export operations control, then the Customer, upon the request of LLC GC "Synergy", will promptly provide the concern with all information related to the Customer, a specific destination and specific intended use of goods, works and services provided by LLC GC "Synergy", as well as any existing export control restrictions.
The Customer will secure and protect Synergy Group LLC from any claims, legal proceedings, lawsuits, fines, losses and damages arising from or related to any non-compliance by the Customer with the rules of export control, and the Customer will reimburse Synergy Group LLC for all non-compliance losses and costs.
The parties recognize the legal force behind facsimile copies of agreements and contracts for the supply of goods, distributed by LLC GK "Synergy". The parties may also exchange copies of such agreements and contracts by email using email addresses. Facsimile and e-mail copies can be used as evidence in court. The parties are obliged to exchange the originals within 30 (Thirty) days from the date of sending the copy by the first party. Synergy Group LLC has the right not to transfer the goods to the Customer until the original contract or agreement for its delivery is received, the Customer has the right not to pay until the original contract is received. Additional costs caused by retention shall be borne by the Customer. The following notifications and documents can be sent by e-mail using e-mail addresses: invoices for payment, notifications of arrears and withholding of goods / suspension of delivery, notifications of circumstances preventing delivery, other notifications and documents for which the Agreement expressly provides for the possibility of sending e-mail. Such notices and documents can be used as evidence in court.
CODE OF CORPORATE ETHICS FOR SIMENS SUPPLIERS AND INTERMEDIARIES IN RELATIONSHIP WITH THIRD PARTIES This Code of Conduct reflects the basic requirements of Siemens for the liability of its suppliers and intermediaries towards their partners, employees, as well as other stakeholders and environmental protection. Wednesday. Siemens reserves the right to make the necessary changes to this Code of Conduct if the Siemens Compliance Program changes. In this case, the supplier or reseller will be required to comply with the requirements of such changes.
The supplier and / or intermediary in relations with third parties hereby undertakes:
Compliance with the requirements of current legislation
Comply with the current legislation of the applicable legal system.
Prohibition of corruption and bribery
Show intolerance to any form of corruption or bribery and not allow them directly or indirectly in their practice, as well as not provide, offer or promise any value to government officials or counterparties in the private sector, in order to influence the actions of officials or obtaining an illegal advantage.
Fair competition, antitrust requirements and intellectual property rights
Act in accordance with the requirements of national and international competition laws and not engage in price collusion, market or customer allocation, market division or bid rigging with competitors;
Respect the intellectual property rights of others.
Conflict of interest
Avoid any situations of conflict of interest that could have a negative impact on the business relationship.
Observance of basic labor rights and freedoms of workers
Ensure equal opportunities and equal treatment of their employees regardless of their skin color, race, nationality, social status, disability, sexual orientation, political or religious views, gender or age;
Respect self-esteem, privacy and the rights of everyone;
Enforce the prohibition of forced labor;
Be intolerant of any kind of inappropriate treatment of employees, such as, for example, moral abuse, sexual harassment or discrimination;
Prohibit behavior, including gestures, verbal speech and physical contact, that is sexual, coercive, threatening, violent or exploitative;
Pay fair remuneration for work and ensure that all national minimum wage requirements are met;
Comply with legal requirements regarding the maximum permissible working hours;
Ensure, as far as legally possible, the exercise of workers 'rights to freedom of association and not take discriminatory measures, as well as not create preferences, in relation to members of such workers' organizations or trade unions.
19. Prohibition of the use of child labor
Not employ anyone under the age of 15, or in countries covered by the ILO Convention 138 exemption, under the age of 14.
20. Occupational health and safety of employees
Provide and be responsible for the safety and health of employees;
Identify potential threats and take all reasonably possible precautions to prevent accidents and prevent occupational diseases;
Conduct training and ensure that employees are aware of the requirements of occupational safety and health;
Implement or maintain an appropriate health and safety management system.)
21. Environmental protection
Conduct business in accordance with relevant regulatory and international environmental standards;
Minimize environmental pollution and continuously improve methods of environmental protection;
Implement or use the necessary environmental management system ¹)
22. Supply chain
Make the necessary efforts to implement this Code of Conduct with their suppliers;
Avoid discrimination in the selection of suppliers and in relations with them.
23. Minerals from conflict zones
Make the necessary efforts to avoid the content of raw materials in their products, the extraction / sale of which, directly or indirectly, finances armed groups that violate human rights.
24. The rights under this Agreement may not be assigned, transferred or otherwise transferred to either Party without the prior written consent of the other Party, except in the following case. LLC GC "Synergy" has the right to transfer (assign) its rights (claims) under this Agreement (or transfer the Agreement), in whole or in part, without the consent of the Customer, to an affiliate of LLC GC "Synergy" or to a third party - the purchaser of the business of LLC GC "Synergy". By the conclusion of this Agreement, the Customer expresses in advance his unconditional and irrevocable consent to the above transfer of the Agreement and / or transfer of duties and / or transfer of rights (claims) under the Agreement and additionally confirms that in all the above cases, a unilateral written notification of LLC GK will be sufficient for such transfer. Synergy "addressed to the Customer.
25. These Terms are drawn up in Russian, in 2 (Two) copies, 1 (One) copy for each of the Parties.