(1) The supplier undertakes to comply with the REACH Regulation (Regulation EC No. 1907/2006) with regard to goods delivered to FILTRATION GROUP including packaging. In particular, he assures that the delivered goods / products and their packaging do not contain any substances of the current candidate list according to Article 53 Paragraph 1 of the Regulation in a quantity exceeding 0.1 % mass percent (SVHC substances). The supplier is obligated to (pre-)register all substances delivered to FILTRATION GROUP himself or to have them (pre-)registered by upstream suppliers, provided that he has registration obligations according to REACH. If the supplier himself is not subject to registration under the REACH Regulation, he shall oblige his pre-suppliers to comply with their obligations under REACH. A registration made by the supplier or his pre-suppliers regarding the delivered goods must be proven to FILTRATION GROUP in writing upon request.
(2) The supplier shall ensure that if the goods / products delivered by him or their packaging contain substances covered by REACH, these are registered in accordance with REACH. He undertakes to transmit to FILTRATION GROUP all information and documentation required by the regulation (in particular in accordance with Art. 31 below of the REACH regulation) within the periods stipulated in REACH or to forward the information of his pre-supplier to FILTRATION without delay.
(3) If FILTRATION GROUP is held liable by customers, competitors or authorities for violation of the REACH regulations, due to a product of the supplier, then FILTRATION GROUP is entitled to demand from the supplier the indemnification of these claims or compensation for the damage caused by the non-existent REACH conformity.
(4) The aforementioned obligations shall apply accordingly (with the exception of those subject to registration) if the supplier has its registered office in a non-EU country. In particular, he must inform if a SVHC substance is contained in excess of 0.1% or if substances falling under REACH can be released during normal and foreseeable use.
(5) The supplier shall fully comply with the environmental requirements under German and European law, including EU Directive 2011/65/EC “Restriction of the use of certain hazardous substances in electrical and electronic equipment” and the Electrical and Electronic Equipment Act.
(6) Electrical and electronic equipment of each equipment category as well as components for these must comply with the substance prohibitions of EU Directive 2011/65/EC and the laws, ordinances, decisions and other provisions issued for its implementation. The supplier must provide a written declaration of conformity for this purpose. These devices must bear a CE mark and the symbol according to Annex IV of EU Directive 2002/96/EC (WEEE).
(7) The supplier guarantees that all products comply with the requirements of the RoHS Directive according to the above items 5 and 6. The Supplier shall compensate all damages and expenses (including costs of legal action) and for all claims of third parties based on a violation of the RoHS Directive or other applicable environmental regulations caused by the supplier.