ARMA MEMBER'S CODE OF CONDUCT
ALL MEMBERS OF THE ASSOCIATION OF ROTATIONAL MOULDERS AUSTRALASIA INC AND ITS TANK GROUP DIVISION, AGREE TO ABIDE FULLY WITH THE LETTER AND SPIRIT OF THIS CODE OF CONDUCT IN THEIR DEALINGS WITH SUPPLIERS, CUSTOMERS, AGENTS, CONTRACTORS, THE PUBLIC AND OTHER ARMA MEMBERS.
1. Compliance with Laws
Members agree to:
(a) comply with all relevant laws in force in their jurisdiction, including but not limited to laws pertaining to fair trading and competition; and
(b) take all appropriate steps, including the implementation of a legal compliance program, to ensure ongoing compliance with relevant laws.
2. Advertising and Selling
Members agree, when advertising and selling their products, to:
(a) use only factual and accurate information;
(b) not disparage another Member's products or refer to them or another Member in a non-factual manner;
(c) disclose all information that could affect a purchasing decision;
(d) not misrepresent compliance with any standard, including AS/NZS 4766:2004;
(e) not misrepresent a product's quality, value, composition, model, history,
performance characteristics, suitability for purpose, benefits, manufacturing process or price;
(f) not misrepresent the need for any product;
(g) not misrepresent any legal right or remedy, or the effect of any warranty or guarantee;
(h) not accept payment where the Member will be unable to supply by a specified date or within a reasonable period, or unable to supply the identical product that was ordered; and
(i) not refuse to give a full refund when unable to supply by a specified date or within a reasonable period, or unable to supply the identical product that was ordered.
3. Fair Competition
Members agree not to:
(a) prohibit customers or agents from re-selling products at less than a specified price;
(b) enter into any arrangement or understanding with another Member to fix prices or to substantially lessen competition in a market;
(c) misuse their market power to damage another Member or to lessen competition in a market; and
(d) collude with another Member concerning pricing, tendering or non-competition in a market.
4. Confidentiality
Members agree to:
(a) treat as confidential all information received in connection with a quotation or contract; and
(b) not take personal advantage of such confidential information, or enable another Member or other person to do so.
5. Contracts with Customers and Others
Members agree, prior to entering into any contract, to:
(a) ensure that the parties have a mutual, clear understanding of the objectives, scope, work plan and fee arrangement; and
(b) disclose to the other party any personal, financial or other interest which could influence either their entry into the contract or its performance.
6. Conduct
Members agree to:
(a) maintain a fully professional approach in all business dealings; and
(b) not conduct themselves in a manner that could be injurious or prejudicial to the reputation or interests of ARMA, the rotational moulding industry or any related industry.
7. Conduct of Agents
Members agree to request their appointed agents to abide by the relevant Trade Practices legislation for their region, when representing their products in the marketplace.
8. Complaints Procedure
Any complaint that a Member has failed to abide by this Code of Conduct must be made in writing, addressed to the Chief Executive Officer. Complaints will be investigated by the Board of Directors. Should a complaint be made against a sitting Board Member, that Member will excuse themselves from the investigation. Following investigation the Board of Directors, at its sole option, may:
(a) dismiss the complaint;
(b) recommend the complainant elsewhere;
(c) attempt conciliation between the complainant and the Member;
(d) recommend a mediator to achieve conciliation; or
(e) recommend the expulsion of the Member from ARMA.
9. Expulsion from ARMA Membership and Appeal
A Member may be expelled from membership pursuant to clause 8(3) of ARMA's Constitution, or for one or more proven failures to abide by the letter and spirit of this Code of Conduct. An appeal against expulsion must be carried out strictly in accordance with clause 9 of the Constitution.
