ETHICAL CODE OF The Association of the traders of large construction equipment
The “Association of the traders of large construction equipment” (ATEST) – Sofia, GUIDED BY THE DESIRE for:
- Defining the principles of professional ethics, equality, improving competitiveness and promoting fair competition on the market from each member of ATEST;
- Improvement of the Bulgarian commercial and tax legislation through implementation of the European standards and criteria in trade with large construction equipment;
- Protection of the interests of the Members of the Association and popularization of the trade with large construction equipment;
- Creating conditions for strengthening the authority of ATEST as a voluntary branch organization of companies that strictly comply with the laws in force in the country, loyalty between ATEST members and their partners and guarantee the quality of products and services;
As giving a GREAT IMPORTANCE TO the ethical principles,
The Association require the consideration of these principles in the relations as well as between the Association and its Members, and as between its Members and their Customers.
The Ethical code consists of the following parts:
- Aims of the Code of Ethics of ATEST;
- Relations between the companies – members of ATEST;
- Relations between the companies and ATEST;
- Relations between the companies and the Customers;
- Ethical rules for the members of the Management Board;
- Closing rules.
- AIMS OF THE ETHICAL CODE OF ATEST
The present document is a mandatory act of a free will, referred to hereinafter as “The Code” and created by ATEST, referred to hereinafter as “the Association” with the following aims:
Article 1 To establish in written form ethical principles for the Members of ATEST, referred to hereinafter as “the Members”
Article 2 To promote the mutual understanding, the fair and free competition between the Members, to create the best possible conditions for protection of the legal rights and interests of the clients, for the development of the trade with large construction equipment business and the maintaining of the good reputation of the Association and its Members.
Article 3 All members of ATEST are obliged strictly to observe the Law on Protection of Competition, for which, in addition to the sanctions provided by law, they are also responsible to the Association.
Article 4 The members of ATEST ensure normal, healthy and safety working conditions for their employees and strictly perform all their obligations as employers under the Labor Code.
Article 5 A gross breach of ethics is considered to be:
- Attracting employees and / or clients by damaging the reputation and authority of other members of the Association or the goods and services offered by them;
- Offensive comments on social networks about brands and technical parameters of the equipment represented by ATEST members;
- Advertising publications by a member of the Association on the home page of another member of ATEST;
- Dissemination of false or misleading information aimed at damaging the prestige of another member of the Association;
- Attracting customers by using or disclosing trade secret to another ATEST member in violation of good commercial practice;
- Disrespectful behavior – rude treatment, personal attacks, use of obscene language or arrogant tone during forums of the Association such as a meeting of the Management Board (MB), General Assembly (GA) and others.
- RELATIONS BETWEEN THE MEMBERS OF ATEST
Article 6 The Members of ATEST should follow the principle of fair and loyal competition in the business relations among them, by using only lawful and ethical means.
Article 7 The relations among the Members are based on accessibility, mutuality and trust, as they exchange current and precise information. With his commercial activity and market behavior each member of ATEST strives to establish not only his own authority, but also that of the Association. A member of the MB of ATEST is not entitled in any form to use his position in the Association to obtain advantages or benefits for the company managed by him.
Article 8 The Members do not use in their advertising unfair or misleading information related to their activity or the one of their competitors and do not apply advertising approaches, which are in contradiction with the good commercial practice and harm or could harm the relations among them or the ones with their Customers.
Article 9 The attraction of new Customers has to be done by the Members through emphasizing of the advantages of their offers, and not through negative comparisons with the offers of the other Members; The employees of the Members of the Association have to restrain from negative comments about the other Members.
III. RELATIONS BETWEEN THE MEMBERS OF ATEST AND THE ASSOCIATION
Article 10 The Association represents and protects the interests of the Members in front of the Official authorities, the other institutions and organizations, and in conduction of internal and international seminars with the relevant means. The Association helps for discussions and proposals in front of the competent official authorities, based on the opinion of its Members concerning the legislation in the area of the trade with large construction equipment.
Article 11 The Association conducts under its management periodical meetings and informs the Members about the legislation in force, adopted by the Parliament, the Ministries and the official authorities, concerning the trade with large construction equipment and gives information to the Members and the publicity for international agreements, conventions or other international regulations in the area.
Article 12 The Association helps for the settling of different disputes between the Members including through the engagement of proper experts for their clarification, interpretation and solving.
Article 13 The Members follow the principle of mutual fairness and trust to the Association and they do not permit any harm on its good name. In cases of violations of ethical values and misconduct, the Members who adopted the present ethical principles inform the Association.
Article 14. The Association has the right to provide upon request by third parties information related to the nature of the activities of its members. The information must be provided in such a way as to reflect objectively the activities of the company concerned and in no way to confer an advantage on one member over another, nor to disclose a trade secret. Submitting false and / or misleading information about the activity of an ATEST member is considered as a violation – subject to sanctioning.
Article 15. Information from the members
- Each member may provide the Association with information (in strict compliance with the provisions of the competition law) that is of interest to the members of ATEST. Such information could be related to technological innovations, governmental regulations and any other data affecting the interests of members. The information is subject to protection only in the presence of a stamp indicating that the information provided is a production or trade secret.
- The members of ATEST are not obliged and cannot be required to provide information that they consider to be a trade secret.
- Each member of ATEST must notify the other members through the Association in case he receives information that harms the interests of the Association or its members.
- RELATIONS BETWEEN THE MEMBERS OF ATEST AND THE CUSTOMERS
Article 16 In the process of conclusion of deals with the Customers, the Members respect the interests and the rights of their Customer by obeying the law, the internal rules of the ATEST member as well as the present Code.
Article 17 The Members (including their employees) have to refuse and to not provoke the receiving of any undisclosed material or non-material benefits in order to perform or restrain from performing of certain business, even if the acceptance of such benefits would not be considered as a crime.
Article 18 The relations between the Members and the Customer are committed in written form, clearly and in understandable way, as the clauses include the rights and the obligations of the both parties.
Article 19 The Members present full, fair and accessible information on their main products or services offered, on the way of accounting of the due payments and the price of the product or services.
Article 20 The written conditions and terms of the contracts are presented in understandable language, without misleading terminology and expressions and by avoiding foreign words, following the principles of fair and balanced description of relations between the Member and the Customer
Article 21 The Members consult their Customers depending on the specific case by giving precise and professional information regarding the deals and the particularities in the usage of the separate asset.
Article 22 In the process of offering their products and services towards the Customers, the Members have to avoid the application of business and tax practices which could harm the reputation and the possibilities for development of the trade with large construction equipment business.
- ETHICAL RULES FOR THE MEMBERS OF THE MANAGING BOARD OF ATEST
Article 23 Members of the Managing Board of the Association have to restrain form using their positions with the aim to popularize any Member, to attract Customers or to receive any other personal benefits or for them or for the Members, which they represent.
Article 24 In cases of public events, the members of the Managing Bodies of ATEST clearly divide their functions in this capacity in the Association, from their functions in the Member – company, which they represent. In their statements in such events, the members of the Managing Bodies have to indicate exactly if the expressed opinion or a statement is on behalf of the Association, on behalf of the Member- company or a personal one.
- CLOSING RULES
Article 25 Under the articles of the present Ethical Code, the members of the Management of the Association are members of the Management Board or members of special committees, constituted with a decision of the Management Board. The following of the ethical rules of the Code in relation of the obligations of the members of the Management Board is obligatory.
Article 26 The employees of the Association have to keep neutral position in disputes between the Members in relation to the Ethical Code.
Article 27 The Management Board observes the application of the Ethical Code as for this aim it can approve the creation of a special commission which can review specific cases and can present information to the Management Board.
Article 28 Sanctions under this Code are imposed in order to comply with the ethical norms of this Code, preventive impact on violators and protection of the members. The following sanctions are imposed for non-compliance with the norms of the Ethical Code:
- Remark. Have to be expressed in sending a remark by the MB to the member who has not complied with the norms of this Code;
- Last warning and notification of the ATEST members. The last warning is expressed in sending a final warning by the MB to the member who has not complied with the provisions of this Code, and publishing the decision to impose the sanction on the official website of the Association.
- Exclusion proposal. Exclusion is imposed to a member who has not complied with the norms of this Code, which is a gross violation or repeated non-fulfillment of obligations to the Association. The proposal for exclusion is sent in writing to the MB of ATEST. Decision for expulsion has to be taken by the General Assembly in accordance with the rules for admission and dismissal of members of the Statute of the Association, provided in Art. 22 of the Statute. The decision for expulsion is to be published on the official website of the Association.
Article 29 All proposals for interpretation and changes in this Code are sent in writing to the Management Board of the Association. Proposals for changes and additions to the Ethical Code, signed by at least five members of ATEST, may also be submitted directly for consideration to the General Assembly. Changes in this code can be made only from the General Assembly of ATEST.
The Present Ethical Code is adopted by the General assembly of the Association.