Common use of Complaints, measures Clause in Contracts

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.

Appears in 4 contracts

Samples: Quality Assurance Agreement, Quality Assurance Agreement, Quality Assurance Agreement

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Complaints, measures. If the Buyer notifies Should the Supplier of a defectsuffer process malfunctions or quality deviations, the Supplier shall analyse the causes, introduce remedial measures and monitor the effectiveness of such measures. Should LEONI discover any defects, they will carry out a fault analysis without undue delay, with support from the Buyer be brought to the extent that is required and feasibleattention of the Supplier in ac- cordance with normal business practice. The Supplier shall respond immediately conduct a defect analy- sis, whereby LEONI will provide what assistance it can. In the case of dispute, a joint evaluation is to complaints without undue delaybe conducted by LEONI and the Supplier or by a neutral third party. It LEONI shall immediately confirm receipt of ensure that the products giving rise to 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 are returned to the Supplier for this purposein the agreed scope. On The Supplier shall undertake to analyse any non-conformity and notify LEONI without delay of the Buyer’s instructioncause, remedial and preventative measures initiated as well as the effec- tiveness of such measures. Should the supply of products that fail to meet specifications threaten production stoppages at LEONI or its customers, the Supplier commits to analyse the cause of the defect based on the 5-Why or Ishikawa Methodshall, to initiate corrective actions at its own cost 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 specificationin agreement with LEONI, then the Suppliertake im- mediate remedial action (alternative supply, in coordination with the Buyersorting process, must take suitable immediate measures to minimise a disruption in production (substitute suppliesreworking, sorting, rework, additional special shifts, express transportation, deliveries etc.). In urgent cases The Supplier shall undertake to immediately notify LEONI if it discovers any quality deviations or supply problems. The Supplier shall bear the cost of process audits and by prior agreement with the Supplierproblem analyses should these become necessary as a result of reductions in quality. Furthermore, the Buyer is entitled Supplier shall bear the cost of follow-up audits and the verification of measures deriving from regular audits where these are shown to complete reworking itself or commission third parties with reworking be necessary by an audit result that indicates the possibility of potential reductions in quality on the account part 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 Except where otherwise expressly agreed by the Buyer does not release parties, LEONI shall be entitled to demand compensation from the Supplier for all costs arising from its obligation to assure defective products supplied by the quality of products obtained Supplier (including claims for damages from subsuppliers. The Supplier shall lodge any complaints directly LEONI customers) in accordance with the subsuppliers without undue delay. On request, the Supplier shall notify the Buyer of the current status of complaint processinglaw.

Appears in 1 contract

Samples: Quality Assurance Agreement

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Complaints, measures. If Xxxxx discovers that the Buyer notifies delivery or service is non-compliant, it will immediately inform the Supplier thereof in the form of a defectcomplaint form. In case of defective supplies, the Supplier must immediately provide spare quantities, sorting or finishing. Talum determines which method will carry out a fault analysis without undue delay, with support from the Buyer be selected according to the extent that is required and feasiblenon-compliance. The Supplier shall is obliged to respond to complaints without undue delaythe complaint with a 8D report within the following deadlines (if not otherwise agreed in the individual case): • D1 to D3, feedback: within 24 hours, • D4 to D6, feedback: within 10 working days and • D7 to D8, feedback: within four weeks. It shall immediately confirm receipt The 8D process can only be closed by the acceptance of Talum. Is the Supplier not able to submit a report in accordance with the above mentioned deadlines due to the complexity of the complaint problem, they are obliged to regularly inform Xxxxx thereof. Talum reserves the right to request improvement of measures taken by the Supplier if it considers that those measures will not achieve the desired effect. Additional costs resulting from quality defects in writingthe products delivered (production stoppage, send cutting, testing costs, repairs, reworking, logistics, extra shifts) will be charged to the Buyer an initial report on immediate measures within 24 hours and deliver a faultless replacement within no more than 24 hoursSupplier. 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 If quality defects are proven for which the Supplier for this purpose. On is responsible and if Talum is required to either replace the Buyerproducts and/ or repair them on-site or in the customer’s instruction, factory on the Supplier commits to analyse the cause basis of the defect based on concluded contract with a customer, all incurred costs shall be borne by the 5-Why or Ishikawa Method, to initiate corrective actions and to ascertain their effectiveness by means of a process analysis or process auditSupplier. If the Buyer Supplier is unable to restore the agreed level of quality within the time period mutually agreed or its customers face does not respond to requests, Talum may seek the risk support of production shutdowns due to the delivery of products that do not conform to the specification, then an external service provider at 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.)’s expense. In urgent cases and by prior agreement with case of repeated deviations, Talum reserves the Supplier, right of withdrawal from 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 subsupplierscontract. The Supplier shall lodge any complaints directly must appoint a Product safety and conformity representative (PSCR) for each location with the subsuppliers without undue delay. On request, the Supplier shall notify the Buyer of the current status of complaint processingwhich Xxxxx will discuss matters regarding product safety.

Appears in 1 contract

Samples: Quality Assurance Agreement

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