ACCEPTANCE: This order is Buyer’s offer to Seller, and acceptance is strictly limited to its terms. Buyer shall not be bound by and specifically objects to any term or condition whatsoever which is different from or in addition to the provisions of this order, whether or not such term or condition will materially alter this order. Seller commencement of performance or acceptance of this Order in any manner shall conclusively evidence agreement to this order as written.
PRODUCT / SERVICE REQUIREMENTS: are specified in the description section of the PO.
SELLERS INSPECTION: Seller shall inspect or otherwise verify that all Products and Services, including those components procured from or furnished by subcontractors or supplier or the Buyer, shall conform with the requirements of the order prior to shipment to the Buyer. Seller shall be responsible for all tests and inspection of the Products during receiving, manufacturing and Seller’s final inspection. Seller agrees to furnish copies of test reports and/or certificates of conformance, as applicable with the shipment.
PARTIAL SHIPMENTS: No partial shipments without prior authorization, ship complete.
USE OF STATISTICAL TECHNIQUES: When performing less than 100% inspection, sampling procedures shall be based upon ASQ Z1.4 or an equivalent statistically based plan, unless otherwise specific by LCP Machine, LLC.
QUALITY SYSTEM: Seller shall maintain an accredited Industry Controlled Other Party (ICOP) certification / registration or have in place a compliant Quality Management System. Buyer reserves the right to make the final determination of Seller’s compliance and also the right to grant conditional approval based on the Seller’s statement of work.
VERIFICATION OF CORRECTIVE ACTION: When Buyer notifies Seller of a detected nonconformance, Seller shall immediately take action to eliminate the nonconformance on all products in Seller’s control. Seller shall also maintain on file verification that root cause corrective action has occurred and has resolved the subject condition, notify the organization of nonconforming processes, products, or services and obtain approval for their disposition.
NONCONFORMITIES: Seller shall notify the Buyer of nonconforming processes, products, or services and obtain approval for their disposition.
RIGHT OF ACCESS: The Buyer, the Buyer’s customer and/or regulatory agencies reserve the right of entry / access to monitor applicable records and to applicable areas of facilities, goods and processes.
QUALITY ASSURANCE RECORDS: Seller will retain manufacturing planning, all certifications, and test reports required to assure that commodity conforms to the contractual and technical requirements for the Purchase Order for a minimum of the calendar year plus fifteen (15) years from the date of shipment under each applicable order for all product/part numbers. At the expiration of such period set forth above and prior to any disposal of records, seller will notify Buyer of records to be disposed of and Buyer reserves the right to request delivery of such records. In the event Buyer chooses to exercise this right, Seller shall promptly deliver such records to Buyer at no additional costs on media agreed to by both parties. Buyer requires that the provisions/requirements set forth above be included in Sellers direct supply contracts related to the Products/Part Numbers.
SUSPECTED UNAPPROVED, UNAPPROVED, AND COUNTERFEIT PARTS: Seller shall not deliver Counterfeit Parts or Work to LCP Machine, LLC under this purchase agreement. The requirements of SAE AS5553 and SAE AS6174 shall be in force as applicable. As used in this purchase agreement Counterfeit Parts or Work shall be defined as parts or work that, at any level to the lowest level of assembly or manufacture have not been designed and/or produced under an approved system of manufacture and/or that do not conform to prescribed manufacturing and quality standards. This term shall also include otherwise appropriately approved parts or work that have reached their design‐limit lifetime, have been altered in a fashion not approved, or have been repaired, salvaged or harvested without proper disclosure of such nature. In the event that parts or work delivered under this purchase agreement constitute or include Counterfeit Parts or Work Seller shall, at its sole expense promptly replace such Counterfeit Parts or Work with parts or work conforming to the requirements of this purchase agreement. Notwithstanding any other provisions in this or other agreements Seller shall be liable for all costs related to removal and replacement of Counterfeit Parts and Work including without limitation LCP Machine, LLC costs of identifying, removing, exchanging, and replacing (together with any re‐testing or calibrating necessitated by replacing) such Counterfeit Parts or Work. The remedies contained herein are in addition to any other remedies that LCP Machine, LLC may have at law or equity.
CONFIDENTIALITY: Seller will ensure that the goods, services, and all related information covered by this contract, including but not limited to design and manufacturing information, which Seller receives from Buyer (“Confidential Information”) will be kept in strict confidence. Seller will exercise all reasonable precautions to prevent unauthorized disclosure of Confidential Information to any third party. Seller will not use the Confidential Information for any purpose other than for executing its obligations under this contract. This provision will survive cancellation, termination, or expiration of this contract. Seller will, at Buyer’s request, employ computer system(s) which will allow compatible electronic information interchange, electronic commerce, and other electronic communications with Buyer’s computer systems, including but not limited to manufacturing, engineering, quality and procurement systems. Any access to Buyer’s systems given to Seller by Buyer for purposes of such communication will not be shared by Seller with any other person or entity and will be kept in strict confidence by Seller.
ENSURING THAT PERSONNEL ARE AWARE OF:
− their contribution to product or service conformity;
− their contribution to product safety;
− the importance of ethical behavior.