Quality. When requested by Xxxxx, Supplier shall promptly submit real-time production, compliance and process data (“Quality Data”) in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Order.
Appears in 34 contracts
Samples: Terms of Purchase, Terms of Purchase, Terms of Purchase
Quality. When requested by Xxxxx, Supplier shall promptly submit real-time production, compliance and process data (“Quality Data”) in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-sub- suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three ten (310) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Order.
Appears in 11 contracts
Samples: Terms of Purchase, Terms of Purchase, Terms of Purchase
Quality. When requested by Xxxxx, Supplier shall promptly submit real-time production, compliance production and process data (“Quality Data”) in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-sub- suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Order.
Appears in 10 contracts
Samples: Terms of Purchase, Terms of Purchase, Terms of Purchase
Quality. When requested by Xxxxx, Supplier shall promptly submit real-time production, compliance production and process data (“Quality Data”) in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, including Supplier's ’s obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Order.
Appears in 8 contracts
Samples: Terms of Purchase, Terms of Purchase, Terms of Purchase
Quality. When requested by Xxxxx, Supplier Seller shall promptly submit real-real time production, compliance production and process measurement and control data (the “Quality Data”) in the form and manner requested by Xxxxx. Supplier Seller shall provide and maintain an inspection, testing and process control system (“SupplierSeller’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order policy and/or other quality requirements that are set forth on the face of this Order or are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of SupplierSeller’s Quality System by Buyer does shall not alter Supplier’s the obligations and/or and liability of Seller under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If SupplierSeller’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at SupplierSeller’s expense necessary expense. Such measures may include, but are not limited to, Buyer requiring Seller to meet install a Buyer-approved third party quality auditor(s)/inspector(s) at Seller’s facility(ies) to address the deficiencies in Seller’s Quality System or other measures that may be specified in Buyer’s Quality RequirementsRequirements or otherwise agreed upon by the parties in writing. Supplier Seller shall keep complete records relating to SupplierSeller’s Quality System, including all testing and inspection data System and shall make such records available to Buyer and its customer for the longer offor: (a) three (3) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier law, whichever period is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Orderlongest.
Appears in 7 contracts
Samples: Terms of Purchase, Terms of Purchase, Terms of Purchase
Quality. When requested by Xxxxx, Supplier shall promptly submit real-time production, compliance and process data (“Quality Data”) in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three ten (310) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Order.
Appears in 7 contracts
Samples: Terms of Purchase, Terms of Purchase, Terms of Purchase
Quality. When requested by Xxxxx, Supplier shall promptly submit real-time production, compliance and process data (“Quality Data”) Substitution of other items for those specified in the form specifications by brand name is not acceptable unless the term “or approved equal” appears in the specifications or if the specified item is not available on commercially reasonable terms (including, but not limited to, the delivery schedule for such item). Should Seller wish to substitute items, Seller shall make a written request to Purchaser and manner requested will provide data to demonstrate that the substituted item(s) is, in fact, technically equivalent or better and of comparable or better quality to the specified item. All substituted items must be approved in writing by XxxxxPurchaser, which approval will not be unreasonably withheld, conditioned, or delayed. Supplier Except to the extent Seller would otherwise be entitled to a Change Order, under no circumstances shall provide Purchaser’s acceptance or rejection of a Seller’s request for an “approved equal” item result in an increase in the Contract Price, delay in the Project Schedule, or a change in the performance requirements. Acceptance or rejection of Seller’s request shall be given within seven (7) days of receipt of such request accompanied by supporting data. Seller shall ensure that the Equipment complies with the standards of quality specified by this Contract or those customary in the industry if no requirement is specified. Purchaser’s and/or EPC Contractor’s quality surveillance representative shall, upon reasonable prior written notice, be afforded free escorted access during working hours on reasonable notice to plants of Seller and maintain Seller shall use reasonable efforts to procure a similar right for Purchaser and EPC Contractor and their respective designees for quality surveillance purposes with respect to Seller’s Suppliers of “non-commodity” items (i.e., refractory, steel shell, and fabricated appurtenances and mechanical equipment, including fans, shaft drives, cyclones, and furnace castings) to monitor compliance with quality requirements. The authorized quality surveillance representative of Seller, Purchaser, Owner, or EPC Contractor shall adhere to all of Seller’s and its Suppliers’ generally applicable safety and other regulations. Such representatives’ right to inspect, examine and test the Equipment shall extend through the manufacturing process, the time of shipment, and a reasonable time after arrival at the Delivery Point. Seller’s failure to adhere to the standards of quality required under this Contract shall be grounds for termination if not cured as required herein. Notwithstanding the foregoing, Seller shall be solely responsible for the quality standards activities covering its operations and that of its Suppliers. The making or failure to make an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policyexamination or test of, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Orderor payment for, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier is not the manufacturer acceptance of the goods, Supplier Equipment shall certify the traceability in no way relieve Seller from its obligation to conform to all of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this OrderContract and shall in no way impair Purchaser’s right to reasonably reject or revoke acceptance of nonconforming Equipment, or to avail itself of any other remedies to which Purchaser may be entitled under this Contract, notwithstanding Purchaser’s knowledge of the nonconformity, its substantiality or the ease of its discovery; provided, however, that Purchaser and EPC Contractor shall promptly advise Seller of any such nonconformity of which either becomes aware. If at any time prior to completion of Performance Testing a problem in the Equipment develops that could potentially delay completion of Performance Testing or give rise to a claim of rejection, and provided that Purchaser or EPC Contractor gives Seller written notice of the nonconformance or defect promptly after either has actual knowledge of same, Seller shall promptly present a proposal to remedy or fix to such problem and shall promptly implement and diligently pursue a remedy to the problem. An investigation will promptly be conducted by Purchaser with Seller to determine the actual origin of the problem. Except for those Certain Purchaser Test Obligations, Seller will bear the cost of the repairs, namely, the repair, replacement, removal, disassembly of any Equipment (but not equipment or systems not part of the Work) and related transportation, reinstallation, reconstruction, re-testing, and re-inspection thereof as may be necessary to correct the nonconformity or defect or demonstrate that the previously defective Work conforms to the requirements of this Contract (including all labor costs associated therewith), but only to the extent Seller, or its Subcontractors or any other person or entity supplying Equipment or otherwise performing Work or other activities on behalf of Seller hereunder (collectively, “Seller Parties”) is responsible for the problem. Any repair or work performed by Seller resulting from the responsibility of others besides Seller or the other Seller Parties (including repair or Work (i) on Equipment within the scope of others’ obligations, (ii) resulting from improper maintenance, misuse or abuse by Purchaser or EPC Contractor, or (iii) otherwise resulting from circumstances beyond the reasonable control of Seller Parties) shall be considered extra work under this Contract, and Seller shall be reimbursed accordingly pursuant to a Change Order and, if applicable, Seller shall also be entitled to an equitable adjustment in the Project Schedule.
Appears in 7 contracts
Samples: Multiple Hearth Furnace Contract (Ada-Es Inc), Multiple Hearth Furnace Contract (Ada-Es Inc), Multiple Hearth Furnace Contract (Ada-Es Inc)
Quality. 8.1. When requested by XxxxxBuyer, Supplier shall promptly without any delay submit real-time production, compliance production and process data (“Quality Data”) in the form and manner requested by Xxxxxthe Buyer. Supplier shall provide and maintain an inspection, testing testing, and process control system (“Supplier’s Quality System”) covering the goods and services Goods provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order Purchase Order, and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System and approval of qualification by Buyer does not alter Supplier’s obligations and/or liability under this Purchase Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Purchase Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements.
8.2. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Purchase Order; (b) such period as set forth in the specifications applicable to this Purchase Order; or (c) such period as required by applicable Law.
8.3. Buyer shall have the right, at no charge to Buyer, to access the sites where the work under this Agreement is performed, in order to (1) conduct quality audits, (2) perform or witness inspections or tests of the Goods or services furnished hereunder at Supplier’s facility (or elsewhere), and (3) assess conformance with Buyer’s specifications.
8.4. If Supplier is not the manufacturer of the goodsGoods, Supplier shall certify the traceability of the goods Goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goodsGoods, Supplier shall not ship such goods Goods to Buyer without obtaining Buyer’s written consent.
8.5. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Purchase Order.
8.6. Notwithstanding any rights Buyer has to audit Supplier, all Goods supplied under this Agreement shall be received subject to Buyer’s right of inspection, count, testing, acceptance, and/or rejection per the technical specifications. Payment for Goods delivered hereunder shall not constitute acceptance thereof, and all payments against documents shall be made with a reservation of rights Buyer for defects in Goods, including, without limitation, defects apparent on the face thereof. The making of, or failure to make, any inspections or acceptance of the Goods or services shall in no way impair Buyer’s right to reject nonconforming Goods or to avail Buyer of any other remedies to which it may be entitled.
Appears in 7 contracts
Samples: General Conditions of Purchase, General Conditions of Purchase, General Conditions of Purchase
Quality. When requested by XxxxxBuyer, Supplier shall promptly submit real-time production, compliance and process data (“Quality Data”) in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Order.
Appears in 6 contracts
Samples: Terms of Purchase, Terms of Purchase, Terms of Purchase
Quality. When requested by Xxxxx, Supplier shall promptly submit real-time production, compliance and process data (“Quality Data”) in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-sub- suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three ten (310) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Order. Supplier’s Quality System shall comply with ISO 9001 or according to an equivalent international standard as may be agreed between the parties. The Supplier shall further comply with the environmental management system according to ISO 14001 and the occupational health and safety management system according to OHSAS 18001 or with equivalent international standards as may be agreed between the parties.
Appears in 5 contracts
Samples: Terms of Purchase, Terms of Purchase, Terms of Purchase
Quality. When requested by XxxxxBuyer, Supplier shall promptly submit real-time production, compliance and process data (“Quality Data”) in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-sub- suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three ten (310) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Order.
Appears in 5 contracts
Samples: Terms of Purchase, Terms of Purchase, Terms of Purchase
Quality. When requested by XxxxxBuyer, Supplier Seller shall promptly submit real-real time production, compliance production and process measurement and control data (the “Quality Data”) in the form and manner requested by XxxxxBuyer. Supplier Seller shall provide and maintain an on inspection, testing and process control system (“SupplierSeller’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order policy and/or other quality requirements that are set forth on the face of this Order or are otherwise agreed to in writing by the parties (“Quality Requirements”’’). Acceptance of SupplierSeller’s Quality System by Buyer does shall not alter Supplier’s the obligations and/or and liability of Seller under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If SupplierSeller’s Quality System fails falls to comply with the terms of this Order, Buyer may require additional quality assurance measures at SupplierSeller’s expense necessary expense. Such measures may include, but are not limited to, Buyer requiring Seller to meet install a Buyer-approved third party quality auditor(s)/inspector(s) at Seller’s facility(ies) to address the deficiencies in Seller’s Quality System or other measures that may be specified in Buyer’s Quality RequirementsRequirements or otherwise agreed upon by the parties in writing. Supplier Seller shall keep complete records relating to SupplierSeller’s Quality System, including all testing and inspection data System and shall make such records available to Buyer and its customer for the longer offor: (a) three (3) years year after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; : or (c) such period as required by applicable Law. If Supplier law, whichever period is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Orderlongest.
Appears in 4 contracts
Samples: Supply Agreement (Tpi Composites, Inc), Supply Agreement, Supply Agreement (Tpi Composites, Inc)
Quality. When requested by XxxxxBuyer, Supplier Seller shall promptly submit real-real time production, compliance production and process measurement and control data (the “Quality Data”) in the form and manner requested by XxxxxBuyer. Supplier Seller shall provide and maintain an inspection, testing and process control system (“SupplierSeller’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order policy and/or other quality requirements that are set forth on the face of this Order or are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of SupplierSeller’s Quality System by Buyer does shall not alter Supplier’s the obligations and/or and liability of Seller under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If SupplierSeller’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at SupplierSeller’s expense necessary expense. Such measures may include, but arc not limited to. Buyer requiring Seller to meet install a Buyer-approved third party quality auditor(s)/inspector(s) at Seller’s facility(ies) to address the deficiencies in Seller’s Quality System or other measures that may be specified in Buyer’s Quality RequirementsRequirements or otherwise agreed upon by the parties in writing. Supplier Seller shall keep complete records relating to SupplierSeller’s Quality System, including all testing and inspection data System and shall make such records available to Buyer and its customer for the longer offor: (a) three (3) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier law, whichever period is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Orderlongest.
Appears in 4 contracts
Samples: Supply Agreement (Tpi Composites, Inc), Supply Agreement, Supply Agreement (Tpi Composites, Inc)
Quality. When requested by Xxxxx, Supplier Seller shall promptly submit real-real time production, compliance production and process measurement and control data (the “Quality Data”) in the form and manner requested by Xxxxx. Supplier Seller shall provide and maintain an inspection, testing and process control system (“SupplierSeller’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order policy and/or other quality requirements that are set forth on the face of this Order or are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of SupplierSeller’s Quality System by Buyer does shall not alter Supplier’s the obligations and/or and liability of Seller under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If SupplierSeller’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at SupplierSeller’s expense necessary expense. Such measures may include, but are not limited to, Buyer requiring Seller to meet install a Buyer-approved third party quality auditor(s)/inspector(s) at Seller’s facility(ies) to address the deficiencies in Seller’s Quality System or other measures that may be specified in Buyer’s Quality RequirementsRequirements or otherwise agreed upon by the parties in writing. Supplier Seller shall keep complete records relating to SupplierSeller’s Quality System, including all testing and inspection data System and shall make such records available to Buyer and its customer for the longer offor: (a) three (3) years after completion of this Order; , (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier law, whichever period is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Orderlongest.
Appears in 4 contracts
Samples: Terms of Purchase, Terms of Purchase, Terms of Purchase
Quality. 8.1. When requested by XxxxxBuyer, Supplier shall promptly without any delay submit real-time production, compliance production and process data (“Quality Data”) in the form and manner matter requested by Xxxxxthe Buyer. Supplier shall provide and maintain an inspection, testing testing, and process control system (“Supplier’s Suppliers Quality System”) covering the goods and services Goods provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order Purchase Order, and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System and approval of qualification by Buyer does not alter Supplier’s obligations and/or liability under this Purchase Order, including, Supplier's ’s obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Purchase Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements.
8.2. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Purchase Order; (b) such period as set forth in the specifications applicable to this Purchase Order; or (c) such period as required by applicable Law.
8.3. Buyer shall have the right, at no charge to Buyer, to access the sites where the work under this Agreement is performed, in order to (1) conduct quality audits, (2) perform or witness inspections or tests of the Goods or services furnished hereunder at Supplier’s facility (or elsewhere), and (3) assess conformance with Buyer’s specifications.
8.4. If Supplier is not the manufacturer of the goodsGoods, Supplier shall certify the traceability of the goods Goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goodsGoods, Supplier shall not ship such goods Goods to Buyer without obtaining Buyer’s written consent.
8.5. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Purchase Order.
8.6. Notwithstanding any rights Buyer has to audit Supplier, all Goods supplied under this Agreement shall be received subject to Buyer’s right of inspection, count, testing, acceptance, and/or rejection per the technical specifications. Payment for Goods delivered hereunder shall not constitute acceptance thereof, and all payments against documents shall be made with a reservation of rights Buyer for defects in Goods, including, without limitation, defects apparent on the face thereof. The making of, or failure to make, any inspections or acceptance of the Goods or services shall in no way impair Buyer’s right to reject nonconforming Goods or to avail Buyer of any other remedies to which it may be entitled.
Appears in 3 contracts
Samples: General Conditions of Purchase, General Conditions of Purchase, General Conditions of Purchase
Quality. 8.1. When requested by XxxxxBuyer, Supplier shall promptly without any delay submit real-time production, compliance production and process data (“Quality Data”) in the form and manner requested by Xxxxxthe Buyer. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services Goods provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Purchase Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System and approval of qualification by Buyer does not alter Supplier’s obligations and/or liability under this Purchase Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Purchase Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements.
8.2. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Purchase Order; (b) such period as set forth in the specifications applicable to this Purchase Order; or (c) such period as required by applicable Law.
8.3. If Supplier is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility have the right, at no charge to meet all requirements of Buyer, to access the sites where the work under this Order.Agreement is performed, in order to (1) conduct quality audits,
Appears in 3 contracts
Samples: General Conditions of Purchase, General Conditions of Purchase, General Conditions of Purchase
Quality. When requested by XxxxxBuyer, Supplier Seller shall promptly submit real-time production, compliance real lime production and process measurement and control data (the “Quality Data”) in the form and manner requested by XxxxxBuyer. Supplier Seller shall provide and maintain an inspection, testing and process control system (“SupplierSeller’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order policy and/or other quality requirements that are set forth on the face of this Order or are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of SupplierSeller’s Quality System by Buyer does shall not alter Supplier’s the obligations and/or and liability of Seller under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If SupplierSeller’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at SupplierSeller’s expense necessary to meet expense. Such measures may include, but are not limited to, Buyer requiring Seller lo install a Buyer-approved third party quality auditor(s)/inspector(s) at Seller’s facility(ies) lo address the deficiencies in Seller’s Quality System or other measures that may be specified in Buyer’s Quality RequirementsRequirements or otherwise agreed upon by the parties in writing. Supplier Seller shall keep complete records relating to SupplierSeller’s Quality System, including all testing and inspection data System and shall make such records available to Buyer and its customer for the longer offor: (a) three (3) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier law, whichever period is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Orderlongest.
Appears in 3 contracts
Samples: Supply Agreement (Tpi Composites, Inc), Supply Agreement (Tpi Composites, Inc), Supply Agreement (Tpi Composites, Inc)
Quality. When requested by XxxxxBuyer, Supplier shall promptly submit real-time production, compliance and process data (“Quality Data”) in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three ten (310) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Order.
Appears in 3 contracts
Samples: Terms of Purchase, Terms of Purchase, Terms of Purchase
Quality. When requested by XxxxxBuyer, Supplier Seller shall promptly submit real-real time production, compliance production and process measurement and control data (the “Quality Data”) in the form and manner requested by XxxxxBuyer. Supplier Seller shall provide and maintain an inspection, testing and process control system (“SupplierSeller’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order policy and/or other quality requirements that are set forth on the face of this Order or are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of SupplierSeller’s Quality System by Buyer does shall not alter Supplier’s the obligations and/or and liability of Seller under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If SupplierSeller’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at SupplierSeller’s expense necessary expense. Such measures may include, but are not limited to, Buyer requiring Seller to meet install a Buyer-approved third party quality auditor(s)/inspector(s) at Seller’s facility(ies) to address the deficiencies in Seller’s Quality System or other measures that may be specified in Buyer’s Quality RequirementsRequirements or otherwise agreed upon by the parties in writing. Supplier Seller shall keep complete records relating to SupplierSeller’s Quality System, including all testing and inspection data System and shall make such records available to Buyer and its customer for the longer offor: (a) three (3) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; , or (c) such period as required by applicable Law. If Supplier law, whichever period is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Orderlongest.
Appears in 3 contracts
Samples: Supply Agreement (Tpi Composites, Inc), Supply Agreement (Tpi Composites, Inc), Supply Agreement (Tpi Composites, Inc)
Quality. When requested by XxxxxBuyer, Supplier shall promptly submit real-time production, compliance and process data (“Quality Data”) in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-sub- suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three ten (310) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Order. Supplier’s Quality System shall comply with ISO 9001 or according to an equivalent international standard as may be agreed between the parties. The Supplier shall further comply with the environmental management system according to ISO 14001 and the occupational health and safety management system according to OHSAS 18001 or with equivalent international standards as may be agreed between the parties.
Appears in 2 contracts
Samples: Terms of Purchase, Terms of Purchase
Quality. When requested The conformance of goods or Services (including related documents) supplied by XxxxxVendor will be measured. Should performance be deemed unacceptable, Supplier shall promptly submit reala corrective action plan may be required, in addition to corrective action for specific non-time production, compliance conformances. Vendor agrees to work with Buyers to resolve root causes and process data (“Quality Data”) implement corrective actions of these issues. Vendor will maintain a quality management system capable of: - ensuring that goods or Services to be provided are as specified in the form Order. Vendor will have access to the revision status of identified specifications, drawings, process requirements, work instructions and manner requested by Xxxxx. Supplier shall other relevant technical data necessary to provide goods or Services conforming to the requirements specified in the Order; - monitoring and maintain an managing approval of goods or Services; methods, processes, and equipment; and the release of goods or Services; - ensuring competence, including any required qualification of personnel; - monitoring and managing Vendor’s interactions with the Buyer; - monitoring and measuring test, inspection, testing and process control system (“Supplier’s Quality System”) covering verification processes and procedures; - employing statistical techniques for acceptance of goods or Services and related instructions for acceptance by the organization; and - ensuring that persons are aware of their contribution to conformity of goods or Services, their contribution to product safety, and services provided hereunder that is acceptable to the importance of ethical behavior. Vendor shall: - use customer-designated or approved external providers as specified in the Order; - notify Buyer of any nonconformities regarding goods or Services, for both Units already delivered and its customer Units in process. Vendor shall also obtain approval from Buyer for nonconforming goods disposition; - prevent the use of suspected unapproved, unapproved, and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to counterfeit parts; - notify Buyer in writing by in advance of any changes to (1) the parties goods, their specifications, and/or composition, (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order2) processes or services, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion external providers, and (4) location, if applicable, and obtain Buyer’s approval of this such changes; - flow down to the supply chain applicable Buyer requirements including customer requirements as specified in the Order; (b) such period - provide a certificate of conformity, test reports, or authorized release certificate, as set forth specified in the specifications applicable to this Order; - retain records associated with an Order for a minimum of seven (7) years or (c) as otherwise specified in such period as required by Order; - allow adequate access at Vendor’s location where Buyer’s Order specifies on-site verification or validation activities; and - provide the right of access to Buyer, its customers, and regulatory authorities to the applicable Law. If Supplier is not areas of facilities involved in the manufacturer manufacture or supply of goods or services ordered hereunder and to applicable records, at any level of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Ordersupply chain.
Appears in 2 contracts
Samples: Vendor Agreement, Vendor Agreement
Quality. When requested by Xxxxx, Supplier 6.1 Seller shall promptly submit real-time production, compliance and process data (“Quality Data”) in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this OrderBosch Quality Assurance Guideline for Suppliers (QSL), Buyer as it may require additional be changed or updated from time to time by Bosch in its sole discretion. Seller shall conform to all quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing control and other standards and inspection data and shall make such records available to systems as established or directed by Buyer and its customer for Supplies and services similar to the longer of: Supplies. These include without limitation quality control policies, ISO 9001:2000 or ISO/TS 16949:2002 quality certification, OHSAS 18001 health and safety certification and ISO 14001 environmental certification including registration. Seller shall also participate in Buyer's and/or Xxxxx’s Customer’s supplier quality and development programs as directed by Xxxxx. For Supplies used in motor vehicle manufacturing, Seller agrees to meet the full requirements of industry Production Part Approval Processes ("PPAP") as specified by Buyer and (as applicable) Buyer’s Customer and agrees to present this information to Buyer upon request, at the level requested. If any of the standards, policies or systems cited above are amended, supplemented or replaced, Seller shall comply with such changes.
6.2 Seller is responsible for the performance and quality of all of its suppliers from which Seller obtains supplies or services it uses to produce Supplies, including suppliers that Buyer and/or Buyer’s Customer has directed, recommended, requested, suggested or otherwise identified to Seller as a supplier from which Seller should obtain supplies. Seller shall maintain adequate development, validation, testing, launch and on-going supervision to assure that all Supplies sold to Buyer conform to all specifications, standards, prints, samples and descriptions set forth in the Order, including as to performance, fit, form, function, PPAP processes and materials, if applicable, and appearance. In the event that Seller ships any Supplies which are nonconforming or breach the warranties of Section 7 below, Buyer may require Seller, at Seller’s sole cost and expense, to inspect the Supplies in such a manner (including the use of a third party inspector or sorter) as Buyer determines will insure that all future Supplies will conform to the Order. Any inspection or testing, the lack thereof, or lack of response shall in no way release Seller from any quality or warranty obligations under the Order.
6.3 Buyer reserves the right at any reasonable time to inspect, witness, review or otherwise audit Seller's quality assurance and quality control procedures. Buyer shall have access to all parts of Seller's plant(s) and/or Seller's supplier's plant(s) engaged in the manufacturing or processing of Supplies in order to inspect, witness, review or otherwise audit the quality control processes being utilized at such plant(s). Seller shall furnish to Buyer the status of engineering, material procurement, production and shipping information upon request.
6.4 If defective or nonconforming Supplies are rejected by Buyer, the quantities under the Order shall be correspondingly reduced unless Buyer otherwise notifies Seller, and Seller shall not replace reduced quantities without a new Material Release from Buyer directing it to do so. Following rejection of nonconforming Supplies, Seller shall in Buyer’s sole and absolute discretion, without prejudice to any other right or remedy of Buyer:
(a) three (3) years after completion accept the return, at Seller’s sole expense, of this Orderthe Supplies and refund to Buyer the full invoice price plus all transportation and other charges associated with the nonconforming Supplies; (b) such period as set forth in replace the specifications applicable to this Ordernon-conforming Supplies with conforming Supplies, with all associated costs and expenses, other than the original invoice and shipping prices, being borne by Seller; or (c) such period as required by applicable Law. If Supplier is not at Seller’s sole expense, correct at any time prior to shipment from Buyer's plant Supplies that fail to meet the manufacturer requirements of the goodsOrder.
6.5 Promptly upon learning of defective or nonconforming Supplies, Supplier Seller shall certify the traceability develop, document and implement corrective actions designed to ensure that all Supplies are produced in accordance with all applicable quality control policies and standards of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining and Buyer’s written consentCustomer. Any review Seller shall immediately notify Buyer in writing when it becomes aware of any raw material, component, design or approval of drawings by Buyer shall defect in the Supplies that is nonconforming or may be for Supplier’s convenience and shall not relieve Supplier of its responsibility or become harmful to meet all requirements of this Orderpersons or property.
Appears in 2 contracts
Samples: North American Terms and Conditions of Purchase, North American Terms and Conditions of Purchase
Quality. When requested by Xxxxx, The Supplier shall promptly submit real-agrees and acknowledges that the Buyer is entitled to request real time production, compliance and process data related to the performance under the Order (“Quality Data”) from the Buyer, and that when requested by Buyer, Supplier will promptly submit Quality Data in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Order.
Appears in 2 contracts
Samples: Terms of Purchase, Purchase Agreement
Quality. When requested by XxxxxBuyer, Supplier Seller shall promptly submit real-real time production, compliance production and process measurement and control data (the “Quality Data”) in the form and manner requested by XxxxxBuyer. Supplier Seller shall provide and maintain an inspection, testing and process control system (“SupplierSeller’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order policy and/or other quality requirements that are set forth on the face of this Order or are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of SupplierSeller’s Quality System by Buyer does shall not alter Supplier’s the obligations and/or and liability of Seller under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If SupplierSeller’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at SupplierSeller’s expense necessary expense. Such measures may include, but are not limited to, Buyer requiring Seller to meet install a Buyer approved third party quality auditor(s)/inspector(s) at Seller’s facility(ies) to address the deficiencies in Seller’s Quality System or other measures that may be specified in Buyer’s Quality RequirementsRequirements or otherwise agreed upon by the parties in writing. Supplier Seller shall keep complete records relating to SupplierSeller’s Quality System, including all testing and inspection data System and shall make such records available to Buyer and its customer for the longer offor: (a) three (3) years after completion of this Order; , (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier law, whichever period is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Orderlongest.
Appears in 2 contracts
Samples: Supply Agreement (Tpi Composites, Inc), Supply Agreement (Tpi Composites, Inc)
Quality. When requested by Xxxxx, Supplier shall promptly submit real-time production, compliance production and process data (“Quality Data”) in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-sub- suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Order.
Appears in 2 contracts
Samples: Terms of Purchase, Terms of Purchase
Quality. When requested by Xxxxx, Supplier 6.1 Seller shall promptly submit real-time production, compliance and process data (“Quality Data”) in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this OrderBosch Quality Assurance Guideline for Suppliers (QSL), Buyer as it may require additional be changed or updated from time to time by Bosch in its sole and absolute discretion. Seller shall conform to all quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing control and other standards and inspection data and shall make such records available to systems as established or directed by Buyer and its customer for Supplies and services similar to the longer of: Supplies. These include without limitation quality control policies, ISO 9001:2000 or ISO/TS 16949:2002 quality certification, OHSAS 18001 health and safety certification and ISO 14001 environmental certification including registration. Seller shall also participate in Buyer's and/or Xxxxx’s Customer’s supplier quality and development programs as directed by Xxxxx. For Supplies used in motor vehicle manufacturing, Seller agrees to meet the full requirements of industry Production Part Approval Processes (a"PPAP") three as specified by Buyer and (3as applicable) years after completion Buyer’s Customer and agrees to present this information to Buyer upon request, at the level requested. If any of this Order; (b) the standards, policies or systems cited above are amended, supplemented or replaced, Seller shall comply with such period changes. Xxxxx agrees that all information provided by Xxxxx to Seller for PPAP is free from any restriction of use.
6.2 Seller is responsible for the performance and quality of all of its suppliers from which Seller obtains supplies or services it uses to produce Supplies, including suppliers that Buyer and/or Buyer’s Customer has directed, recommended, requested, suggested or otherwise identified to Seller as a supplier from which Seller should obtain supplies. Seller shall maintain adequate development, validation, testing, launch and on-going supervision to assure that all Supplies sold to Buyer conform to all specifications, standards, prints, samples and descriptions set forth in the specifications applicable Order, including as to this performance, fit, form, function, PPAP processes and materials, if applicable, and appearance. In the event that Seller ships any Supplies which are nonconforming or breach the warranties of Section 7 below, Buyer may require Seller, at Seller’s sole cost and expense, to inspect the Supplies in such a manner (including the use of a third party inspector or sorter) as Buyer determines will insure that all future Supplies will conform to the Order. Any inspection or testing, the lack thereof, or lack of response shall in no way release Seller from any quality or warranty obligations under the Order.
6.3 Buyer reserves the right at any reasonable time to inspect, witness, review or otherwise audit Seller's quality assurance and quality control procedures. Buyer shall have access to all parts of Seller’s plant(s) and/or Seller’s supplier’s plant(s) engaged in the manufacturing or processing of Supplies in order to inspect, witness, review or otherwise audit the quality control processes being utilized at such plant(s). Seller shall furnish to Buyer the status of engineering, material procurement, production and shipping information upon request.
6.4 If defective or nonconforming Supplies are rejected by Buyer, the quantities under the Order shall be correspondingly reduced unless Buyer otherwise notifies Seller, and Seller shall not replace reduced quantities without a new Material Release from Buyer directing it to do so. Following rejection of nonconforming Supplies, Seller shall in Buyer’s sole and absolute discretion, without prejudice to any other right or remedy of Buyer:
(i) accept the return, at Seller’s sole expense, of the Supplies and refund to Buyer the full invoice price plus all transportation and other charges associated with the nonconforming Supplies; (ii) replace the non-conforming Supplies with conforming Supplies, with all associated costs and expenses, other than the original invoice and shipping prices, being borne by Seller; or (ciii) such period as required by applicable Law. If Supplier is not at Seller’s sole expense, correct at any time prior to shipment from Buyer’s plant Supplies that fail to meet the manufacturer requirements of the goodsOrder.
6.5 Promptly upon learning of defective or nonconforming Supplies, Supplier Seller shall certify the traceability develop, document and implement corrective actions designed to ensure that all Supplies are produced in accordance with all applicable quality control policies and standards of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining and Buyer’s written consentCustomer. Any review Seller shall immediately notify Buyer in writing when it becomes aware of any raw material, component, design or approval of drawings by Buyer shall defect in the Supplies that is nonconforming or may be for Supplier’s convenience and shall not relieve Supplier of its responsibility or become harmful to meet all requirements of this Orderpersons or property.
Appears in 1 contract
Quality. When requested by XxxxxBuyer, Supplier shall promptly submit real-time production, compliance and process data (“Quality Data”) in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance, and Supplier shall ensure that all such goods are procured from subcontractors and/or sub-suppliers approved by the Buyer and Buyer’s customers. Supplier shall also submit relevant quality/test certificates of such goods for Buyer’s approval as per Quality Requirements. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Order.
Appears in 1 contract
Samples: Terms of Purchase
Quality. When requested by Xxxxx, 13.1 The Supplier represents that Supplier is AS9100 certified and/or ISO 9001 certified in accordance with the latest version of such quality assurance standards. The Supplier shall promptly submit real-time productionmaintain such certifications and Supplier shall maintain quality assurance processes to the Purchaser’s satisfaction.
13.2 The Supplier's quality control system shall be in accordance with the current state of the art and shall meet the highest quality control standards in its industry.
13.3 The Supplier warrants and confirms that the Product shall be new and not refurbished and/or repaired, compliance unless otherwise agreed in writing.
13.4 The Supplier warrants that the Product shall be manufactured to the best of the knowledge, skill and process data (“Quality Data”) professionalism commonly practiced in the form relevant industry, and manner requested shall strictly comply with all requirements and standards set forth in this Agreement.
13.5 All documents provided by Xxxxx. Supplier to Purchaser under this Agreement shall provide be up to date, precise and error free, and shall enable the Purchaser and/or Purchaser’s customer to operate and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Order; (b) such period Product as set forth in the specifications applicable this Agreement.
13.6 Supplier shall retain and maintain all documentation and records related to this Order; or Agreement for a period of not less than seven (c7) such period as required by applicable Law. If Supplier is not years after the manufacturer date of the goodslast delivery under this Agreement. At no additional cost, Supplier shall certify the traceability of the goods shall, upon request, timely provide access to such documents/records to the original equipment manufacturer Purchaser and/or Purchaser's customer.
13.7 The Supplier shall flow-down the provisions of this Article in its contracts with its subcontractors and suppliers performing work related to this Agreement.
13.8 All raw materials and components acquired by Purchaser in connection with this Agreement and all special processes implemented by Purchaser in connection with this Agreement shall be only with suppliers and subcontractors that have been certified and approved by the Purchaser. The list of suppliers approved for special processes appears on the certificate of conformancePurchaser’s Suppliers Site. If This requirement also applies to the Supplier’s subcontractors and the Supplier cannot certify traceability of the goods, Supplier shall not ship such goods must flow-down this requirement to Buyer without obtaining Buyer’s written consentits subcontractors. Any review Purchaser's certification or approval of drawings by Buyer shall be for Supplier’s convenience and any such supplier or subcontractor shall not relieve Supplier of its from any obligation imposed by this Agreement or impose on Purchaser any responsibility for the work to meet all requirements of this Orderbe performed by such supplier or subcontractor.
Appears in 1 contract
Quality. 8.1. When requested by Xxxxx, Supplier shall promptly without any delay submit real-time production, compliance production and process data (“Quality Data”) in the form and manner matter requested by Xxxxxthe Buyer. Supplier shall provide and maintain an inspection, testing testing, and process control system (“Supplier’s Suppliers Quality System”) covering the goods and services Goods provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order Purchase Order, and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System and approval of qualification by Buyer Xxxxx does not alter Supplier’s obligations and/or liability under this Purchase Order, including, Supplier's ’s obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Purchase Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements.
8.2. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Purchase Order; (b) such period as set forth in the specifications applicable to this Purchase Order; or (c) such period as required by applicable Law.
8.3. Buyer shall have the right, at no charge to Buyer, to access the sites where the work under this Agreement is performed, in order to (1) conduct quality audits, (2) perform or witness inspections or tests of the Goods or services furnished hereunder at Supplier’s facility (or elsewhere), and (3) assess conformance with Buyer’s specifications.
8.4. If Supplier is not the manufacturer of the goodsGoods, Supplier shall certify the traceability of the goods Goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goodsGoods, Supplier shall not ship such goods Goods to Buyer without obtaining Buyer’s written consent.
8.5. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Purchase Order.
8.6. Notwithstanding any rights Buyer has to audit Supplier, all Goods supplied under this Agreement shall be received subject to Buyer’s right of inspection, count, testing, acceptance, and/or rejection per the technical specifications. Payment for Goods delivered hereunder shall not constitute acceptance thereof, and all payments against documents shall be made with a reservation of rights Buyer for defects in Goods, including, without limitation, defects apparent on the face thereof. The making of, or failure to make, any inspections or acceptance of the Goods or services shall in no way impair Xxxxx’s right to reject nonconforming Goods or to avail Buyer of any other remedies to which it may be entitled.
Appears in 1 contract
Samples: General Conditions of Purchase
Quality. When requested by Xxxxx, Supplier shall promptly submit real-time production, compliance production and process data (“Quality Data”) in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-sub- suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Order. Supplier shall remain responsible, as primary obligor, for all obligations performed by its subcontractors and sub-suppliers to the same extent as if such obligations were directly performed by Supplier, including any acts or omissions by the subcontractors. In no event shall Supplier be relieved of its obligations under this Order as a result of its use of any subcontractors or sub-suppliers.
Appears in 1 contract
Samples: Terms of Purchase
Quality. When requested by Xxxxx, Supplier shall promptly submit real-time production, compliance and process data (“Quality Data”) in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder 11.1 Seller guarantees that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, all specific quality requirements set out in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties Annexure 7 (“Specific Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails ) are met.
11.2 Seller undertakes to comply with the terms applicable requirements in the ISO 9000 quality system standards and ISO 14001 environmental system standards, or such equivalent standards as are specified by Seller and agreed with Buyer.
11.3 If Seller does not comply with the ISO 14001 or equivalent environmental standard, Seller shall on or before the execution of this OrderAgreement provide Buyer with a plan for implementation of the said standard.
11.4 Seller represents and warrants that it will comply with the provisions of all applicable laws.
11.5 When delivering Products, Seller shall comply at all time with the latest version of Buyer’s directive regarding banned and restricted substances, Annexure 9 (Banned and Restricted Substances).
11.6 Upon reasonable notice to Seller, Buyer may require additional shall be entitled, at no charge by Seller, to inspect Seller’s premises during normal business hours with respect to the verification of processes and quality assurance measures at Suppliersystems, quality control of Products and carrying out sampling and conducting other necessary investigations of quality and delivery performance. Seller shall use its best endeavors to provide for a similar inspection by Buyer on the premises of Seller’s expense necessary to contractors or suppliers. In the event that such an inspection does not meet Buyer’s Quality Requirementsquality requirements, Seller shall, without delay or cost to Buyer, take the appropriate remedial measures in order to achieve the necessary quality level. Supplier For all inspections at Seller’s or its sub-vendors’ premises, buyer or the customer shall keep complete records relating to Supplier’s Quality Systembear their part of expenses for the travel and accommodation.
11.7 Seller shall issue all documents reasonably requested by Buyer, in the format specified by Buyer, regarding the quality of the Products, including all testing and inspection data and shall make such records available but not limited to Buyer and its customer for the longer of: materials declaration (a) three (3) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier is not the manufacturer i.e. a declaration of the goods, Supplier shall certify the traceability materials and their constituents content) of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Orderany Products.
Appears in 1 contract
Quality. 8.1. When requested by XxxxxBuyer, Supplier shall promptly without any delay submit real-time production, compliance production and process data (“Quality Data”) in the form and manner requested by Xxxxxthe Buyer. Supplier shall provide and maintain an inspection, testing testing, and process control system (“Supplier’s Quality System”) covering the goods and services Goods provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order Purchase Order, and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System and approval of qualification by Buyer does not alter Supplier’s obligations and/or liability under this Purchase Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Purchase Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements.
8.2. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Purchase Order; (b) such period as set forth in Quality Agreement signed by Supplier or the specifications applicable to this Purchase Order; or (c) such period as required by applicable Law.
8.3. Buyer shall have the right, at no charge to Buyer, to access the sites where the work under this Agreement is performed, in order to (1) conduct quality audits, (2) perform or witness inspections or tests of the Goods or services furnished hereunder at Supplier’s facility (or elsewhere), and (3) assess conformance with Buyer’s specifications.
8.4. If Supplier is not the manufacturer of the goodsGoods, Supplier shall certify the traceability of the goods Goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goodsGoods, Supplier shall not ship such goods Goods to Buyer without obtaining Buyer’s written consent.
8.5. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Purchase Order.
8.6. Notwithstanding any rights Buyer has to audit Supplier, all Goods supplied under this Agreement shall be received subject to Buyer’s right of inspection, count, testing, acceptance, and/or rejection per the technical specifications. Payment for Goods delivered hereunder shall not constitute acceptance thereof, and all payments against documents shall be made with a reservation of rights Buyer for defects in Goods, including, without limitation, defects apparent on the face thereof. The making of, or failure to make, any inspections or acceptance of the Goods or services shall in no way impair Xxxxx’s right to reject nonconforming Goods or to avail Buyer of any other remedies to which it may be entitled.
Appears in 1 contract
Samples: General Conditions of Purchase
Quality. When requested by Xxxxx, Supplier Seller shall promptly submit real-real time production, compliance production and process measurement and control data (the “Quality Data”) in the form and manner requested by Xxxxx. Supplier Seller shall provide and maintain an inspection, testing and process control system (“SupplierSeller’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order policy and/or other quality requirements that are set forth on the face of this Order or are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of SupplierSeller’s Quality System by Buyer does shall not alter Supplier’s the obligations and/or and liability of Seller under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If SupplierSeller’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at SupplierSeller’s expense necessary expense. Such measures may include, but are not limited to, Buyer requiring Seller to meet install a Buyer-approved third-party quality auditor(s)/inspector(s) at Seller’s facility(ies) to address the deficiencies in Seller’s Quality System or other measures that may be specified in Buyer’s Quality RequirementsRequirements or otherwise agreed upon by the parties in writing. Supplier Seller shall keep complete records relating to SupplierSeller’s Quality System, including all testing and inspection data System and shall make such records available to Buyer and its customer for the longer offor: (a) three ten (310) years after completion of this Order; , (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier law, whichever period is not the manufacturer of the goods, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Orderlongest.
Appears in 1 contract
Samples: Terms of Purchase
Quality. 8.1. When requested by XxxxxBuyer, Supplier shall promptly without any delay submit real-time production, compliance production and process data (“Quality Data”) in the form and manner requested by Xxxxxthe Buyer. Supplier shall provide and maintain an inspection, testing testing, and process control system (“Supplier’s Quality System”) covering the goods and services Goods provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order Purchase Order, and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System and approval of qualification by Buyer does not alter Supplier’s obligations and/or liability under this Purchase Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Purchase Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements.
8.2. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Purchase Order; (b) such period as set forth in Quality Agreement signed by Supplier or the specifications applicable to this Purchase Order; or (c) such period as required by applicable Law.
8.3. Buyer shall have the right, at no charge to Buyer, to access the sites where the work under this Agreement is performed, in order to (1) conduct quality audits, (2) perform or witness inspections or tests of the Goods or services furnished hereunder at Supplier’s facility (or elsewhere), and (3) assess conformance with Buyer’s specifications.
8.4. If Supplier is not the manufacturer of the goodsGoods, Supplier shall certify the traceability of the goods Goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goodsGoods, Supplier shall not ship such goods Goods to Buyer without obtaining Buyer’s written consent.
8.5. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Purchase Order.
8.6. Notwithstanding any rights Buyer has to audit Supplier, all Goods supplied under this Agreement shall be received subject to Buyer’s right of inspection, count, testing, acceptance, and/or rejection per the technical specifications. Payment for Goods delivered hereunder shall not constitute acceptance thereof, and all payments against documents shall be made with a reservation of rights Buyer for defects in Goods, including, without limitation, defects apparent on the face thereof. The making of, or failure to make, any inspections or acceptance of the Goods or services shall in no way impair Buyer’s right to reject nonconforming Goods or to avail Buyer of any other remedies to which it may be entitled.
Appears in 1 contract
Samples: General Conditions of Purchase
Quality. When requested by Xxxxx, Supplier shall promptly submit real-time production, compliance production and process data (“Quality Data”) in the form and manner requested by Xxxxx. Supplier shall provide and maintain an inspection, testing and process control system (“Supplier’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System by Buyer does not alter Supplier’s obligations and/or liability under this Order, including, Supplier's obligations regarding its sub-sub- suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Law. If Supplier is not the manufacturer of the goodsgoods or purchases any portion of materials used in the manufacturing of the goods from a sub-supplier, Supplier shall certify the traceability of the goods to the original equipment manufacturer on the certificate of conformanceconformance as well as traceability of material components and processing throughout all tiers of the supply chain. If Supplier cannot certify traceability of the goods, Supplier shall not ship such goods to Buyer without obtaining Buyer’s written consent. Supplier agrees that all documents, including but not limited to the country-of-origin declaration(s) accompanying each shipment accurately describe the true origin of the ordered and shipped merchandise. Supplier will provide to Buyer the full name and address of the facility where the goods are assembled and/or produced. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Order.
Appears in 1 contract
Samples: Terms of Purchase
Quality. 8.1. When requested by XxxxxBuyer, Supplier shall promptly without any delay submit real-time production, compliance production and process data (“Quality Data”) in the form and manner requested by Xxxxxthe Buyer. Supplier shall provide and maintain an inspection, testing testing, and process control system (“Supplier’s Quality System”) covering the goods and services Goods provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order Purchase Order, and/or other quality requirements that are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of Supplier’s Quality System and approval of qualification by Buyer Xxxxx does not alter Supplier’s obligations and/or liability under this Purchase Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If Supplier’s Quality System fails to comply with the terms of this Purchase Order, Buyer may require additional quality assurance measures at Supplier’s expense necessary to meet Buyer’s Quality Requirements.
8.2. Supplier shall keep complete records relating to Supplier’s Quality System, including all testing and inspection data and shall make such records available to Buyer and its customer for the longer of: (a) three (3) years after completion of this Purchase Order; (b) such period as set forth in Quality Agreement signed by Supplier or the specifications applicable to this Purchase Order; or (c) such period as required by applicable Law.
8.3. Buyer shall have the right, at no charge to Buyer, to access the sites where the work under this Agreement is performed, in order to (1) conduct quality audits, (2) perform or witness inspections or tests of the Goods or services furnished hereunder at Supplier’s facility (or elsewhere), and (3) assess conformance with Buyer’s specifications.
8.4. If Supplier is not the manufacturer of the goodsGoods, Supplier shall certify the traceability of the goods Goods to the original equipment manufacturer on the certificate of conformance. If Supplier cannot certify traceability of the goodsGoods, Supplier shall not ship such goods Goods to Buyer without obtaining Buyer’s written consent.
8.5. Any review or approval of drawings by Buyer shall be for Supplier’s convenience and shall not relieve Supplier of its responsibility to meet all requirements of this Purchase Order.
8.6. Notwithstanding any rights Buyer has to audit Supplier, all Goods supplied under this Agreement shall be received subject to Buyer’s right of inspection, count, testing, acceptance, and/or rejection per the technical specifications. Payment for Goods delivered hereunder shall not constitute acceptance thereof, and all payments against documents shall be made with a reservation of rights Buyer for defects in Goods, including, without limitation, defects apparent on the face thereof. The making of, or failure to make, any inspections or acceptance of the Goods or services shall in no way impair Buyer’s right to reject nonconforming Goods or to avail Buyer of any other remedies to which it may be entitled.
Appears in 1 contract
Samples: General Conditions of Purchase
Quality. When requested by Xxxxx, Supplier Seller shall promptly submit real-real time production, compliance production and process measurement and control data (the “Quality Data”) in the form and manner requested by Xxxxx. Supplier Seller shall provide and maintain an inspection, testing and process control system (“SupplierSeller’s Quality System”) covering the goods and services provided hereunder that is acceptable to Buyer and its customer and complies with Buyer’s quality policy, quality requirements in this Order policy and/or other quality requirements that are set forth on the face of this Order or are otherwise agreed to in writing by the parties (“Quality Requirements”). Acceptance of SupplierSeller’s Quality System by Buyer does shall not alter Supplier’s the obligations and/or and liability of Seller under this Order, including, Supplier's obligations regarding its sub-suppliers and subcontractors. If SupplierSeller’s Quality System fails to comply with the terms of this Order, Buyer may require additional quality assurance measures at SupplierSeller’s expense necessary expense. Such measures may include, but are not limited to, Buyer requiring Seller to meet install a Buyer-approved third party quality auditor(s)/inspector(s) at Seller’s facility(ies) to address the deficiencies in Seller’s Quality System or other measures that may be specified in Buyer’s Quality RequirementsRequirements or otherwise agreed upon by the parties in writing. Supplier Seller shall keep complete records relating to SupplierSeller’s Quality System, including all testing and inspection data System and shall make such records available to Buyer and its customer for the longer offor: (a) three (3) years after completion of this Order; (b) such period as set forth in the specifications applicable to this Order; or (c) such period as required by applicable Lawlaw, whichever period is the longest. If Supplier is not SUPPLIER shall flow down to sub-tier suppliers the manufacturer applicable requirements in the purchasing documents. SUPPLIER shall establish and maintain records to provide Objective Quality Evidence of conformity to ABACO Purchasing requirements and of the effective operation of the supplier’s quality management system. At a minimum, each record is maintained for at least three years. Records shall be available for review by ABACO, its customers and regulatory authorities, as required. Suppliers are to provide their procedures for controlling relevant records to ABACO Purchasing for review by the Purchasing Manager. SUPPLIER shall notify ABACO of nonconforming product or process prior to delivery and await ABACO approval of supplier nonconforming product. Supplier shall maintain Objective Quality Evidence of ABACO approval of supplier nonconforming product. The supplier organization shall take action to determine and eliminate the cause of nonconformities in order to prevent reoccurrence and to provide Objective Quality Evidence to ABACO, and/or our customers, assuring them of the quality of delivered goods. SUPPLIER shall notify ABACO Buyer of any changes in the product and/or process used in the manufacture of the product. ABACO reserves the right for approval of the product, the parts used, the materials used, the procedures used, and the equipment used by the Supplier in fulfilling the Purchase Order requirements. SUPPLIER shall provide Certificates of Conformity for product delivered, including the parts used, the materials used, the procedures used and the equipment used in fulfillment of the Purchase Order requirements. ABACO, its customers, and regulatory authorities shall be granted the right of access to all Supplier and sub-tier supplier facilities and records involved in fulfilling the Purchase Order requirements. All items of this purchase order are subject to in- process quality surveillance by ABACO and/or ABACO's customer. At any time, ABACO may notify the supplier of specific requests for on- site surveillance. XXXXX reserves the right to request the opportunity to witness any actions in support of this order. The supplier shall provide no less than three business days advance notification to ABACO's procurement representative before items are ready for any requested ABACO source surveillance. The supplier shall not proceed without ABACO present or without ABACO QA written authorization to proceed. The supplier shall provide reasonable facilities and assistance, including all quality records and related data for contracted goods, Supplier upon request. All electrical piece parts shall certify the traceability have a C of the goods to the original equipment manufacturer on the certificate of conformanceC and be purchased direct from OEM or authorized distributor. If Supplier cannot certify traceability of the goods, Supplier Parts brokers shall not ship such goods to Buyer be used without obtaining Buyer’s written consentapproval from ABACO. Any review or approval Suppliers shall maintain copies of drawings by Buyer shall be all records and documents for Supplier’s convenience and shall not relieve Supplier a min of its responsibility to meet all requirements of this Order3 years.
Appears in 1 contract
Samples: Standard Terms of Purchase