Common use of Witnessing of Tests During Design Approval Clause in Contracts

Witnessing of Tests During Design Approval. (a) The FAA or EASA, as appropriate for the country in which a design approval applicant is located, may request assistance in the witnessing of tests from the other depending on the country in which a design approval applicant’s supplier is located. (b) Only FAA to EASA or EASA to FAA requests are permissible and neither the FAA nor EASA shall respond to a test witnessing request made directly from the manufacturer or supplier. Witnessing of tests shall be conducted only after consultations between the FAA and EASA on the specific work to be performed and agreement has been obtained from the other. The FAA or EASA, as appropriate for country in which the design approval applicant is located, makes the written request for witnessing of tests. (c) Unless otherwise delegated, approval of the design approval applicant’s test plans, test procedures, test specimens, and hardware configuration remains the responsibility of the FAA or EASA, as appropriate for the country in which the design approval applicant is located. Establishing the conformity of each test article prior to the conduct of the test is the responsibility of the design approval applicant. (d) Generally, conformity inspections associated with prototype parts in Europe are the responsibility of the AA. However, EASA shall assure that such inspections have been conducted prior to witnessing any tests on behalf of the FAA. In addition, EASA is generally responsible for the conformity of the test set-up. (e) Test witnessing activities may require the development of a working arrangement based on the complexity and frequency of the requested certifications. At the discretion of the party in receipt of such requests, these activities may be delegated to authorized designees or approved organizations. (f) Where there is no working arrangement, requests for witnessing of individual tests must be specific enough to provide for identification of the location, timing, and nature of the test to be witnessed. An approved test plan must be provided by the FAA or EASA, as appropriate, at least two weeks prior to each scheduled test. (g) The EASA or FAA requests for conformity of the test set-up and/or witnessing of tests shall be sent electronically to the EASA office or FAA ACO which has geographic responsibility for the location of the test. FAA and EASA offices are listed in Appendix A. Where prototype part conformity inspection is also involved, the FAA may send a joint notification of the activity to both EASA and the applicable AA. FAA requests for test witnessing may be sent on FAA Form 8120- 10, Request for Conformity, and described in the Special Instructions section of the form. (h) Upon completion of test witnessing, the FAA or EASA shall send a report stating that the test was conducted in accordance with approved test plans, including the identification of any variations from those test plans, and confirming the test results, as well as any other documentation as notified in the request

Witnessing of Tests During Design Approval. (a) The FAA or EASA, as appropriate for the country in which a design approval applicant is located, may request assistance in the witnessing of tests from the other depending on the country in which a design approval applicant’s supplier is located. (b) Only FAA to EASA or EASA to FAA requests are permissible and neither the FAA nor EASA shall respond to a test witnessing request made directly from the manufacturer or supplier. Witnessing of tests shall be conducted only after consultations between the FAA and EASA on the specific work to be performed and agreement has been obtained from the other. The FAA or EASA, as appropriate for country in which the design approval applicant is located, makes the written request for witnessing of tests. (c) Unless otherwise delegated, approval of the design approval applicant’s test plans, test procedures, test specimens, and hardware configuration remains the responsibility of the FAA or EASA, as appropriate for the country in which the design approval applicant is located. Establishing the conformity of each test article prior to the conduct of the test is the responsibility of the design approval applicant. (d) Generally, conformity inspections associated with prototype parts in Europe are the responsibility of the AA. However, EASA shall assure that such inspections have been conducted prior to witnessing any tests on behalf of the FAA. In addition, EASA is generally responsible for the conformity of the test set-set- up. (e) Test witnessing activities may require the development of a working arrangement based on the complexity and frequency of the requested certifications. At the discretion of the party in receipt of such requests, these activities may be delegated to authorized designees or approved organizations. (f) Where there is no working arrangement, requests for witnessing of individual tests must be specific enough to provide for identification of the location, timing, and nature of the test to be witnessed. An approved test plan must be provided by the FAA or EASA, as appropriate, at least two weeks prior to each scheduled test. (g) The EASA or FAA requests for conformity of the test set-up and/or witnessing of tests shall be sent electronically to the EASA office or FAA ACO which has geographic responsibility for the location of the test. FAA and EASA offices are listed in Appendix A. Where prototype part conformity inspection is also involved, the FAA may send a joint notification of the activity to both EASA and the applicable AA. FAA requests for test witnessing may be sent on FAA Form 8120- 10, Request for Conformity, and described in the Special Instructions section of the form. (h) Upon completion of test witnessing, the FAA or EASA shall send a report stating that the test was conducted in accordance with approved test plans, including the identification of any variations from those test plans, and confirming the test results, as well as any other documentation as notified in the request