Complaints, measures. If the Buyer notifies the Supplier of a defect, the Supplier will carry out a fault analysis without undue delay, with support from the Buyer to the extent that is required and feasible. The Supplier shall respond to complaints without undue delay. It shall immediately confirm receipt of the complaint in writing, send to the Buyer an initial report on immediate measures within 24 hours and deliver a faultless replacement within no more than 24 hours. Troubleshooting and corrective measures must be presented promptly, but within no more than 5 calendar days. A final 8-D report with verified measures must be presented within 10 calendar days. An agreed number of defective products will be returned to the Supplier for this purpose. On the Buyer’s instruction, the Supplier commits to analyse the cause of the defect based on the 5-Why or Ishikawa Method, to initiate corrective actions and to ascertain their effectiveness by means of a process analysis or process audit. If the Buyer or its customers face the risk of production shutdowns due to the delivery of products that do not conform to the specification, then the Supplier, in coordination with the Buyer, must take suitable immediate measures to minimise a disruption in production (substitute supplies, sorting, rework, additional shifts, express transportation, etc.). In urgent cases and by prior agreement with the Supplier, the Buyer is entitled to complete reworking itself or commission third parties with reworking on the account of the Supplier. As a rule, the Buyer shall only perform reworking in order to avoid or minimise further damages or disadvantages to the detriment of the Buyer or its customers, as well as any obligations to indemnify the Supplier. The use of subsuppliers appointed by the Buyer does not release the Supplier from its obligation to assure the quality of products obtained from subsuppliers. The Supplier shall lodge any complaints directly with the subsuppliers without undue delay. On request, the Supplier shall notify the Buyer of the current status of complaint processing.
Complaints, measures. The claimed defective goods or its components shall be returned to the Seller in the agreed amount and the Seller shall bear the related costs in full. He will be obliged to analyses every deviation from the required parameters and, in a short period, to communicate back to Mergon the cause of deviations, and corrective measures taken to prevent errors, including their efficiency, if requested by the Buyer. If there is a risk of the production interruption at Mergon or its customers, as a result of delivery of goods that do not conform to the specifications, the Supplier shall be obliged to adopt appropriate corrective measures, without undue delay and at his own expense (alternative supplies, grading, repairs, special shifts, urgent deliveries, etc.).
Complaints, measures. If Xxxxxx + Xxxxxx discovers defects, it will notify the Supplier of these during the normal course of business. The Supplier waives any right to object to a late deficiency claim in accordance with Sec. 377 Commercial Code (HGB) . The same applies if a Xxxxxx + Xxxxxx customer finds defects caused by a defect in products delivered by the Supplier. The Supplier will then promptly complete an error analysis using suitable quality management methods. Products about which complaints have been received will be returned to the Supplier to the agreed extent. The Supplier hereby undertakes to complete an 8D report within 24 hours after becoming aware of such issues to initiate suitable immediate measures (replacement delivery, sorting, re-work, additional shifts, emergency transport, etc.) in order to indemnify Xxxxxx + Xxxxxx against any damage. It will submit a full 8D report to Xxxxxx + Xxxxxx within 10 business days including causes, corrective measures and controls of effectiveness for any errors which occur or which are discovered. An 8D report is also required if the Supplier requests special approval (see chapter 10). Additional costs incurred by Xxxxxx + Xxxxxx and its customers due to Sorting Re-work Returns Scrap Downtimes Additional expenses in production processes will be submitted by Xxxxxx + Xxxxxx and fully compensated by the Supplier. Xxxxxx + Xxxxxx will give the Supplier the opportunity to correct issues to the best of its ability, as long as the customer supply can be ensured. The Supplier will observe information and suggestions from Xxxxxx + Xxxxxx on how to improve product quality by changing production and quality assurance of its own accord and under its own responsibility.
Complaints, measures. An inspection of the delivered products shall be carried out in the ordinary course of business. Shortcomings ascertained in this process shall be reported to the Supplier. In this case, the Supplier shall waive its right to object to late notification of defect. The Supplier shall take back the rejected products or these will be reworked without delay. It undertakes to analyse each incidence of reworking and inform BHI of the cause of the discrepancy, the defect rectification and prevention measures undertaken as well as their effectiveness. Should there be impending production stoppages with respect to BHI or its customers due to the delivery of parts not in conformity with the specification, the Supplier shall see to corrective actions by way of suitable urgent measures to be undertaken thereby (delivery of a replacement, sorting, reworking, extra shifts, etc.).
Complaints, measures. If MONTRATEC during the remaining production process determine defects, they will be communicated to the SUPPLIER by means of a defect report. At this regard, the SUPPLIER waives the objection of a delayed notification of defects. The SUPPLIER will draft on demand of MONTRATEC immediately an error analysis in the shape of an 8D-report and will inform MONTRATEC about the immediate taken measures. Depending on the problem, MONTRATEC will determine the procedure to be followed for the processing of the complaint: ● Return of the complete supply for analyses and repair or new production and immediate spare delivery by the SUPPLIER, ● Sorting of the goods and return of the defect products for analyses and repair or new production an immediate spare delivery by the SUPPLIER, or ● Sorting an repair by MONTRATEC.
Complaints, measures. In the event of a complaint, the Supplier undertakes to analyse every discrepancy and to notify Bär in 8-D format. Bär reserves the right to request that these measures be improved, if they are not deemed as promising. Additional costs (production downtime, scrapping, reworking and logistics expenditure etc.) arising from poor quality or delayed delivery will be charged to the contractual partner according to the costs-by-cause principle. Bär reserves the right to recover additional costs from the Supplier. These include, for example: Receivables from supplier agreements (see appendix) Exceptional measures Inspections at Bär’s premises which correspond to the Supplier’s final inspection Audits carried out by Bär at the Supplier’s premises in relation to quality issues Bär explicitly reserves the right to make claims for faults which arise at a later date. Where Bär has found it necessary to recall, replace, and/or rework contractual objects either at his customers’ premises or in-house due to proven quality deficiencies which the Supplier is responsible for, then the Supplier shall bear the costs up to the maximum amount that the business and product liability insurance taken out by the Supplier accounts for. Bär shall inform the Supplier about the quality deficiencies which have arisen without delay. The paragraph above also applies to quality deficiencies which were detected at Bär’s premises before delivery to the customer. Any other liability on the part of the Supplier shall remain unaffected, in particular if the Supplier is mandatorily liable according to the German Product Liability Law, is liable due to the acceptance of a guarantee or the damage was due to gross negligence.
Complaints, measures. In the ordinary course of business, centrotherm will bring to the attention of the supplier any noticed deficiencies. The parties agree that omission or delay of complaint does not constitute an acceptance of delivery. For defects that have arisen, the supplier immediately create an error analysis, using - if demanded - the 8D (Eight Disciple) Problem Solving Method. Any deviation will be analyzed so that centrotherm can be informed on short notice and in writing of cause, countermeasures and error prevention measures as well as the effectiveness of said measures. If the delivery of out-of-spec products and/or substandard services could cause production downtime at centrotherm or at the end customer, the supplier must be ready to immediately provide centrotherm with suitable remedial action (delivery of spare parts, additional shifts, express delivery, sorting, reworking, etc.) at his own expense. Running a quality management system and achieving agreed quality objectives due not lead to an exclusion of supplementary performance demands or any other demands on behalf of centrotherm.
Complaints, measures. The Supplier is aware that the Customer does not get all defective parts back from its cus- tomers. The Supplier therefore hereby agrees that he too will only get back a small number of defective parts (for analysis purposes, amongst other things) and will not lodge any claims and/or objections in that respect. The Supplier undertakes to analyse any deviation and to promptly inform the Customer of the cause of the deviation and of the measures taken in order to remedy the defect and to avoid it in future in an 8D report sent no more than one week later; he shall immediately review the success of the measures taken. Should the parts delivered by the Supplier - not comply with the contract terms and particularly the specifications - or due to the fault of the Supplier not be suitable for assembly - or not be adequate for their subsequent use and therefore pose a risk that may stop production at the Customer, his affiliates as listed in Annex 1 and/or his or their customers, the Supplier must – without undue delay and by agreement with the Customer – immediately take suitable corrective measures (replace- ment supplies, sorting work, rework/rectification, extra shifts, express transportation etc.). Expenses incurred as a result of this shall be borne by the Supplier. Irrespective of the above, clause 8 of this Agreement shall apply.
