|
||||||||||||||
|
|
Purchase Order Terms and Conditions Section 1- Standard Conditions: Applies to all P.O.’s S1 This purchase order agreement is expressly limited to and made conditional upon the terms and conditions contained herein. Any of the sellers terms not conditions which are in addition to or different from those contained herein, and which are not separately agreed to in writing (except additional provisions clarifying the products ordered and shipping instructions), are hereby objected to and shall be of no effect. The seller shall be deemed to have assented to all terms and conditions contained herein if any part of the product described herein is shipped. S2 This instrument contains the entire and only agreement between the parties hereto relating to the subject matter hereof, and any representation, affirmation of fact, and course of prior dealings promise or conditions in connection therewith or usage of the trade not incorporated herein shall not be blinding on either party. The rights and obligations contained herein shall inure to and be binding upon parties, their legal representatives, successors and permitted assigns. S3 Warranties: S4 Laws: Sellers agrees that all materials and products covered by this purchase order will be produced in compliance with all applicable statutes, rules, regulations and orders of federal, state and local governments or governmental authorities. S5 Inspection: All materials or products covered by this order shall be received subject to buyer’s final inspection for acceptance or rejection. In the event any material or product is found to be defective, fails to meet buyer’s specifications or is otherwise non-conforming, buyers may at its option, in addition to all other rights and remedies available to it under applicable law, return such material or product to seller, at seller’s expense, for credit or replacement, as elected by the buyer. S6 Changes: Buyer at any time may make changes in this purchase order agreement, but if any such change would cause a delay in time for performance or an increase in price, seller shall notify buyer immediately in writing and such change shall be made only if authorized by a written “ change order” issued by buyer. S7 Delivery: Goods, which are delivered in advance of schedule may, at buyers option be returned at sellers expense for proper delivery. S8 Payment: Payment for the goods delivered hereunder shall not constitute acceptance thereof excluding early delivery pursuant to paragraph S7, payment terms will be computed from the date the invoice is received by the buyer. S9 Cancellation:
A) Buyer may at anytime cancel or suspend this purchase order agreement
or any part thereof, without cause, by oral, electronic or written
communication to seller specifying the effective extent directed by
the buyer, immediately terminate all work on this purchase order and
any contracts there under and generally take all actions reasonably
designed to reduce it’s costs in connection with the work ordered
hereunder. If buyer cancels this purchase order without cause buyer
shall reimburse seller for sellers reasonable expenses which are properly
and directly allocable to the part of this purchase order which is
cancelled and, if the reimbursement amount is a significant portion
of the cancelled part, then buyer has the right to receive and equivalent
value of the materials or products produced by the seller. S10 Risk of loss and FOB: Unless otherwise agreed in writing by buyer, damage or loss to the materials or products covered hereby shall be at sellers risk until such materials or products are received by buyer from the last carrier or shipper and deliver of products hereunder shall be made FOB of Tucson, Arizona. S11 Extra charges and extra work: No charge for packing or cartage will be allowed unless expressly stated in the purchase order. No work involving extra or additional charges shall be performed except upon written instructions from buyer. S12 Design rights: Buyer shall at all times have and retain title to all designs, drawings and specifications furnished by buyer to seller and intended for use with this purchase order. Seller agrees to use such design drawing and specifications only in connection this purchase order and shall keep said design, drawings and specifications confidential and not disclose the same to any other person, firms or corporations, excluding governmental inspectors, as required, without obtaining prior written consent of buyer signed by an officer or buyer. If requested, seller shall enter matters intended for use with this purchase order. S13 Services: If seller is to perform services for buyer, seller agrees to indemnify and save buyer harmless from all liabilities, claims and losses arising from or out of the performance of such services. Seller agrees to furnish buyer with a certificate of insurance for property damage, public liability and workmen’s compensation insurance, unless waived by buyer, in amount satisfactory to buyer. S14 Modifications waiver remedies: No change, modification, recession, discharge, abandonment or waiver of these standard conditions of purchase shall be blinding upon buyer unless made in writing and signed by an officer of buyer. A waiver of any rights or obligation set fourth herein on one occasion shall not be deemed to be a waiver of any right or obligation or of the same right or obligation on any provided under applicable law. S15 Assignment: Any assignment of this purchase order, or of any rights or obligations hereunder, by seller without the written consent of the party shall be void. S16 Applicable law: This purchase order agreement and matters connected with the performance thereof shall be construed, interpreted, applied and governed in all respects by laws of the state of Arizona. S17 Right of Entry: upon verbal notification, your company shall provide right of entry to Industrial Tool, Die, and Engineering their customers and/or regulatory agencies to determine and verify the quality of contracted work, record and material. S18 Executive order 13224:
Seller will ad here to executive (EO) 13224 “Executive order
on terrorist financing- blocking property and prohibiting transactions
with persons who commit, threaten to commit, or support terrorism”,
effective 9/24/01 and any subsequent changes made to it. Seller further
agrees to include this requirement on lower their purchase orders on
sub contracts hereunder. To view the contents of the (EO), please access
the following website: Q1 Certificate of conformance: A certification of compliance (C of C) signed by an authorized quality representative must accompanies each lot of parts shipped to Industrial Tool, Die and Engineering. This (C of C) is an indication that all requirements of the associated purchase order, drawing(s) and specifications have been met. (C of C) must contain, as a minimum:
Q2 Government source inspection: government inspection is required prior to shipment from your facility. Upon receipt of this order, promptly notify the government representative who normally services your plant so that appropriate planning for government inspection can be accomplished. In the event that the government offices cannot be located, you must notify the buyer at Industrial Tool, Die and Engineering for instructions. Q3 SPC: Statistical process control techniques shall be employed on key. Critical or controlling characteristics, as specified within the drawing(s), and/or within this purchase order. Key characteristic data must be managed in accordance with Honeywell SPOC 154. (See note 1). Q4 Inspection data: sampling procedures employed by the suppliers by the suppliers must be in accordance with ANSI/ ASQC Z1.4-1993 except that the- accept/ reject criteria shall always be 0/1 (c=0). Q5 Inspection data: verifiable quantitative inspection data must be furnished with each lot of parts furnished for this purchase order. Actual dimensions for each characteristic, on a minimum of the sample size of the parts, per shipment, must be part of the inspection data. The inspection data must also indicate the total number of parts accepted and/or rejected for each characteristic. The inspection data must be signed and/or stamped by authorized representative of the quality department. Q6 Lot serialization: Parts shall be lot serialized. Processing record shall be maintained at all times by the lot serial number. Q7 Part/lot traceability: the individual part or part in the lot shall carry specific, assigned serial numbers, traceable back to the heat lot. Identify in accordance with drawing, specification or purchase order requirements. Q8 First article inspection: the first production piece must have a complete 100% first article inspection (FAI) done on it and documented, to become part of the first article package to be submitted to Industrial Tool, Die, and Engineering for review/approval prior to continuation of production. The first article package must consist of the first production piece, the documented inspection results, material certs and special processing certs. If processing is altered after first article is approval, a delta first article, as a minimum, will be required with the first production piece after alternation. The FAI part(s) must be segregated and marked as being FAI parts. Q9 Certified physical and chemical test reports: Certified physical and chemical test reports as well as Rockwell hardness testing results are required for each shipment of material on this purchase order and must be traceable to each heat lot involved. The documentation must be stamped or signed by an authorized representative of the quality department. Q10 Special process certification: Any special processing performed on the material/ parts associated with this purchase must be individually certified, including related data, such as thickness, temperature, and hardness results. These processes shall include, but not limited to, heat treat, plating, paint, welding, NDT, and etc. Q11 Material safety data sheet: material safety data sheets are required with each item delivered on this purchase order. Q12 Industrial Tool, Die, and Engineering source inspection: Industrial Tool, Die, and Engineering source inspection at supplier’s facility is required prior to shipment of any parts/ material on this purchase order. Supplier shall notify Industrial Tool, Die, and Engineering buyer of the required date for Industrial Tool, Die, and Engineering source inspection. Adequate time for arrangement must be allowed. Q13 Preservation/ packing: parts and/or material furnished on this purchase order shall be preserved, packed and packaged in a “Best commercial” manner to prevent deterioration or damage during shipment. Specific requirements deviating from “Best commercial” shall be defined within the purchase order. Bare part-to-part contract is not allowed under any circumstance. Q14 Quality system requirements: subcontractor must comply with the following:
Q15 Special process approval flow down: Suppliers shall be responsible for using Industrial Tool, Die, and engineering customers includes, but is not limited to:
Q17 HONEYWELL SPOC 002 Q18 RAYTHEON Q20 MERCURY FREE REQUIREMENT |
|||||||||||||
