Metallurgical Products India (Pvt.)

Tantalum Supply Chain Policy

Version : 06 / 0120
Effective : January 01, 2020

Metallurgical Products India Pvt. Ltd. (MPIL) is committed to sourcing its Tantalum raw materials in an ethical and responsible manner and producing validated, conflict-free Tantalum based products for the global industry.

1. We strongly support the RMI (Responsible Minerals Initiative) program founded by members of the RBA (Responsible Business Alliance) and GeSI (Global e-Sustainability Initiative) and conduct our business in accordance with its principles.

2. Our sourcing practices conform to the RMAP (Responsible Minerals Assurance Process) Standard for Tantalum that is aligned with the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas Third Edition and the effectiveness of our systems and processes is validated by annual, RMI-approved third-party audits.

3. Our RMAP-Team, comprising senior management, oversees compliance, in-house training, preservation of records, grievance redressal, etc. and aims to continually monitor & improve our systems and processes for sourcing Tantalum raw materials.

4. We recognize that risks of significant adverse impacts may be associated with sourcing Tantalum minerals from Conflict-Affected and High-Risk Areas (CAHRAs) and stand committed to not let our business fuel widespread humanitarian conflict, lawlessness, or human rights abuses as set forth in the OECD Due Diligence Guidance Third Edition Annexure II Model Policy:

a. We do not wish to be a part of any business that supports non-state armed groups or public / private security forces that illegally control mine sites & trade routes for Tantalum minerals in conflict-affected and high-risk areas.

b. We do not wish to be a part of any business that is unlawful or that involves misrepresentation of the origin of minerals or that involves any type of financial crime such as money laundering, bribery, or evasion of government levies in conflict-affected and high-risk areas.

c. We do not wish to be a part of any business that supports torture, forced labor, the worst forms of child labor, sexual violence, crimes against humanity, genocide, or any other form of degrading, inhumanly treatment of local populations in serious violation of international humanitarian law in conflict-affected and high-risk areas.

We shall immediately suspend or discontinue engagement with any Tantalum minerals’ supplier found to be or suspected to be operating in an unacceptable manner as described above.

5. Prior to sourcing any Tantalum raw material, we conduct an in-depth assessment covering, but not necessarily limited to, the following:

a. Supplier due diligence.

b. Identification of the type / category of material offered (i.e., primary, secondary, intermediate, legacy or assay) and applicability of origin-determination and chain-of-custody requirements.

c. In the case of Tantalum minerals, determining the origin and following a defined procedure to identify CAHRAs and reviewing red-flag risks in the context of the proposed transaction. Where no CAHRA is identified, we may proceed with the sourcing with basic due diligence. Where a CAHRA is identified, we may try to adopt a suitable strategy to mitigate the risks identified and then proceed with the sourcing with enhanced due diligence. However, where risk mitigation appears not feasible or unacceptable, then we do not proceed with the sourcing at all.

6. We then require that each Tantalum raw material shipment made to us be supported by the applicable documentation prescribed in the RMAP Standard for Tantalum and all Tantalum units received at our plant are identified and tracked. All supplier payments are made in accordance with applicable Govt. of India rules and regulations.

7. Documents received from suppliers are reviewed to identify any inconsistencies / discrepancies and matched to the material received. If a serious supply chain risk is identified, our RMAP-Team shall adopt a suitable mitigation strategy that could include continuing trade by adopting additional measures to safeguard against the risk identified, temporarily suspending trade, or disengaging completely where mitigation appears not feasible or unacceptable. We are committed to following the above-mentioned due diligence on a continual, ongoing basis and to be improved over time.

8. We endeavor to develop long-lasting relationships with our Tantalum raw material suppliers and encourage them to follow responsible practices for their own sourcing.

9. We subscribe to the principles of the Extractive Industries Transparency Initiative (EITI) and support artisanal mining initiatives for Tantalum minerals, which provide lawful livelihood to members of local communities and help in their development. In most cases, we visit the operation sites of our Tantalum mineral suppliers, interact with local communities, and actively gain better understanding of the socio-economic environment. Where required and feasible, we provide technical guidance in mining, mineral assaying, mineral beneficiation, and safety.

10. Any concern related to this policy or any grievance regarding our sourcing of Tantalum raw materials may be reported to our RMAP-Team on Email: contact@mpil.co.in; Phone: +91 80804 84975. Relevant communication received shall be logged, reviewed, appropriate action taken if warranted and the information collected shall be used for continual improvement of our sourcing practices.

General Terms & Conditions of Purchase

Revision No. : GTC P01 0416
Applicable From : April 01, 2016

These General Terms & Conditions apply to all purchases made by Metallurgical Products India (P) Ltd., referred to herein as ‘The Company’. Modifications / amendment to any clause stated herein would be valid only if explicitly agreed to in writing.
The Company’s Purchase Order Number must be quoted on all documents and communication relating to an order, otherwise they would be considered invalid, shall not be processed and shall be deemed not to have been received by The Company. Verbal orders placed in exceptional circumstances shall only be valid if given a valid Purchase Order Number.
Goods delivered to The Company are received ‘Conditionally’ and stored at the Supplier’s risk and cost, subject to inspection and approval within reasonable time. The Supplier is required to supply explicit, unsolicited storage and usage instructions with the delivery of all materials. Failure to do so shall render the Supplier responsible for any damage caused by ignorance of the said instructions.
Quantities considered would be exclusively as recorded by The Company. In case excess quantity is delivered, The Company reserves the right to return the excess at the Supplier’s expense.
Goods supplied to The Company must be in accordance with all agreed specifications and performance parameters, failing which The Company reserves the right to reject the goods. In case of such rejection, The Company will inform the Supplier of the defects found, within reasonable time of the inspection having been completed and the Supplier shall collect the goods at its own expense within fourteen days of The Company having informed the Supplier in this respect. During the process of inspection & testing, should the goods be damaged or used, the Supplier shall have no claims against The Company if the goods are partially or fully rejected and The Company shall have no claims against the Supplier if the goods are approved.
The Company reserves the right to reject any goods delivered to it after the agreed delivery date and in such a case, amend or cancel it's Purchase Order and / or exercise other legal options available to it. At it sole discretion The Company also reserves the right to extend the validity of it’s Purchase Order.
The Company reserves the right to cancel it's Purchase Order in the event that it is not able to use the goods due to reasons of force majeure or other reasons beyond it's reasonable control.
In the event that The Company rejects the goods supplied or invokes it's right to cancel it's Purchase Order or it's right to have the goods replaced, the risk of loss or damage attached to the goods shall be deemed to have remained with the Supplier throughout.
Unless otherwise agreed, The Company’s purchase price includes packing and delivery.
Even after The Company has paid for the goods supplied, the Supplier shall remain responsible for the committed quality and performance of the goods. Payment made by The Company is not an acknowledgment or acceptance of correct settlement of the delivery and does not discharge the Supplier from it's responsibilities and is not a waiver of any claims to which The Company is entitled.
It is the sole responsibility of the Supplier to ensure that goods delivered to The Company are not in violation of any patent and comply with all applicable statutes and standards. In case any defect is highlighted, the Supplier shall, within a reasonable time frame, make right the deficiency or replace the goods suitably at it's sole expense. The Supplier guarantees The Company unrestricted use of the goods supplied and keeps The Company harmless and indemnified against any claim arising from The Company’s receipt and use of the goods supplied.
The Supplier shall treat as confidential, all the information which it receives, such as specifications, drawings, technical information, company information and other proprietary information, and shall not disclose such information to any third party, nor use it for any purpose other than in the performance of The Company’s order. The Supplier may never disclose, advertise or publish any aspect of or provision from The Company’s order without explicit, written permission from The Company.
All Purchase Contracts entered into by The Company are subject to the exclusive jurisdiction of the laws and courts of Navi Mumbai, India unless otherwise agreed to specifically in writing. The place of performance and payment shall be Navi Mumbai, India.
Partial invalidity of any part or parts of these General Terms & Conditions of Purchase shall in no way effect validity of the remaining terms and conditions mentioned herein.
Metallurgical Products India (P) Ltd. reserves the right to amend or modify these General Terms & Conditions of Purchase at any time at it's sole discretion.

General Terms & Conditions of Sale

Revision No. : GTC S01 0416
Applicable From : April 01, 2016

These General Terms & Conditions apply to all sales made by Metallurgical Products India (P) Ltd., referred to herein as ‘The Company’. Modifications / amendment to any clause stated herein would be valid only if explicitly agreed to by The Company in writing. Any reference to the Buyer’s conditions of purchase shall have no effect on the applicability of these General Terms & Conditions of Sale.
All quotations / offers made by The Company are subject to alteration and to these General Terms & Conditions of Sale.
All Sales Contracts entered into by The Company are subject to these General Terms & Conditions of Sale except where agreed to otherwise in writing. Any communication exchanged with a Buyer would be applicable to a sale only if it is explicitly agreed to in The Company’s Sales Contract document. Purchase Orders received from a Buyer are subject to acceptance in writing by an appropriately authorised staff of The Company.
Prices offered by The Company are ‘Ex-Works’ unless otherwise agreed to in writing.
The risk of loss or damage to the products shall pass to the Buyer, once the products have been dispatched from The Company’s works and shipping documents delivered to the Buyer / Buyer’s bank unless it is otherwise agreed to in writing.
The products shall remain the property of The Company until paid for in full.
The Company shall make all commercially reasonable efforts to fulfill accepted orders, however shall not be held responsible nor accept any liability for the consequences of non-performance or delay resulting from events of force majeure or from circumstances beyond it’s reasonable control. If for any such reason, the products cannot be delivered as per the agreed schedule or delivered at all, the delivery shall be regarded as cancelled. This especially applies when, despite meticulous ordering by The Company, the necessary raw materials are not supplied to The Company timely and The Company is unable to procure substitute materials at an acceptable cost. In such a situation, The Company shall notify the Buyer immediately along with details.
The Company shall not be held liable for any delay or default in performing it's obligations if such delay or default is caused by an event beyond it's reasonable control, including, but not limited to any damage / loss to it's production facilities, materials or any other disruption due to acts of nature, war, civil disturbance, labour disturbance or strike, accident, theft, epidemic, fire, flood, material shortage, equipment malfunction, unfavourable changes in government regulations / international legislation or similar event.
In case of any defect found in products supplied, The Company must be notified in writing by the Buyer, within 7 days of receipt of the products. Where such timely written notification is received and The Company agrees with the assessment made, it shall make right the defect, provided the defect has not been caused by misuse, mishandling, tampering, inappropriate storage or unusual physical or chemical stress.
In the event of delayed payment for supplies made to a Buyer, The Company shall be entitled to charge interest at the rate of 18% per annum on the outstanding amount.
The Company shall not be liable for any damage whatsoever incurred by a Buyer, the Buyer’s customer or any other third party as a result of products supplied by The Company. The Buyer holds harmless and indemnifies The Company and it's officers, employees and agents against any claim whatsoever, arising as a result of products supplied by The Company.
All Sales Contracts entered into by The Company are subject to the exclusive jurisdiction of the laws and courts of Navi Mumbai, India unless otherwise agreed to specifically in writing. The place of performance of The Company’s Sales Contracts and payment shall be Navi Mumbai, India.
Partial legal invalidity of any part or parts of these General Terms & Conditions of Sale shall in no way effect validity of the remaining terms and conditions mentioned herein.
Metallurgical Products India (P) Ltd. reserves the right to amend or modify these General Terms & Conditions of Sale at any time at its sole discretion.