The undersigned (“Purchaser”) acknowledges Purchaser is restricted to sales within with respect to products and services supplied by (“Seller”).
Purchaser hereby agrees to comply with all applicable export control and import laws and regulations with respect to any products and services supplied by Seller, including, as applicable, the U.S. Export Administration Regulations and U.S. sanctions and embargo regulations administered by the U.S. Department of Treasury; and any applicable local laws and regulations. Purchaser will not directly or indirectly transfer or use any Seller products or technology so as to violate or to cause Seller to violate any applicable economic sanctions or embargoes, including, the United States’ restrictions on trade with the Crimea region, Cuba, Iran, Syria, and North Korea, and any other applicable law or regulation.
Purchaser represents and warrants that it is not on any U.S. or other applicable restricted party lists (or owned 50% or more by one or more restricted party) and will not directly or indirectly engage in any transaction involving Seller products with entities or persons subject to U.S. or other applicable restrictions on transactions.
Purchaser will not transfer or use any Seller products or technology in activities involving nuclear, chemical, or biological weapons, unsafeguarded nuclear materials, missiles, unmanned aerial vehicles, or nuclear propulsion, and with respect to China, Russia and Venezuela, for military end use or to military end users. Purchaser acknowledges no Seller products will be used in or with a military item.
The undersigned hereby acknowledges that Seller is prohibited from participating in or supporting international boycotts of certain foreign countries, including Israel, if such boycotts are not sanctioned by the U.S. Government. For this reason, Purchaser shall not take (or be required to take) or refrain from taking any action that is impermissible or penalized under the laws of the United States or any applicable foreign jurisdiction.
Purchaser is familiar with and understands the requirements and prohibitions of the US Foreign Corrupt Practices Act, the U.K. Bribery Act of 2010, and other similar laws (collectively, the "Anti-Bribery Laws") and the Foreign Corrupt Practices Act and Anti-Corruption Law Compliance Policy of Alamo Group Inc., which applies to Seller as a subsidiary of Alamo Group Inc. (the "Policy"). Purchaser and its representatives have been, and continue to be, in full compliance with the Anti-Bribery Laws and the Policy.
Purchaser and its representatives have not and will not make, directly or indirectly, in connection with any business transaction related to Seller, a payment or gift of, or an offer, promise, or authorization to give money or anything of value to any (a) government official; (b) person or entity; or (c) person or entity while knowing or having reason to believe that some portion or all of the payment or thing of value will be offered, given, or promised, directly or indirectly, to a government official or another person or entity; for the purpose of (d) influencing any act or decision of such government official or such person or entity in his/her or its official capacity, including a decision to do or omit to do any act in violation of his/her or its lawful duties or proper performance of functions; or (e) inducing such government official or such person or entity to use his/her or its influence or position with any government entity or other person or entity to influence any act or decision, in order to obtain or retain business for, direct business to, or secure an improper advantage for Seller or Purchaser.
Purchaser and its representatives have maintained, and will continue to maintain, books and records that describe in accurate and reasonable detail all expenditures incurred by it in connection with Seller.
Neither Purchaser nor any of its representatives (a) is a government official; or (b) has a close family member, personal, business, or other relationship or association with a government official who may have responsibility for or oversight of any business activities of Seller or Purchaser, other than any relationships or associations that have been disclosed in writing to Seller.
Purchaser understands and agrees that any false certification is grounds for Seller to immediately terminate all agreements between Purchaser and Seller. Purchaser shall immediately advise Seller in writing if (a) subsequent developments cause the statements herein to be inaccurate or incomplete; or (b) it learns of, has reason to know of, or suspects any violation of the Policy and/or any Anti-Bribery Laws involving Seller.
Seller reserves the right to refuse to conduct business with parties who fail to certify the foregoing. Failure to adhere to the representations and warranties set forth above may result in the termination of any agreements with Seller. Seller is not liable for failure to deliver a product or service due to export control, sanctions, or anti-bribery compliance related restrictions.