Purchase Order Terms & Conditions
1. Agreement/Acceptance/Modifications: An order is Buyer’s offer to Seller, and acceptance is strictly limited to the terms of the order, without addition, deletion, modification or acknowledgement shall conclusively evidence acceptance.
2. Orders and Change Orders: These terms and conditions shall be part of each order Buyer may issue to Seller. Each order shall contain a description of the article being purchased and identify by part number, specifications, drawing, price, quantity and/or delivery schedule and place of delivery. Each such order or change order must be signed (or authenticated) if it is an electronic order by Buyer’s authorized representative.
3. Stop Work/Termination: Not withstanding any other provision of this order, Buyer may by written notice terminate or stop work on an order or change order. Upon receipt of notice Seller shall immediately cease all work on the order.
4. Warranty: Seller warrants that all articles delivered under this order will be free from defects, will conform to the applicable description, specifications, part numbers, drawings and revisions noted in this order, and to be suitable for the purpose intended. In the event that nonconforming product exists, the seller shall notify Buyer in writing and obtain written concession/disposition from the Buyer prior to delivery.
5. Inspection/Observation: The Seller hereby grants the Buyer, Buyer’s Customer/Customer Representative or the pertinent Government/Regulatory Agency, such as the Federal Aviation Administration, the right to make an inspection and observe the performance as it is applied to the article being ordered. Inspection or observation shall not exclude any warranties with respect to the articles furnished under this order. These inspections and observations shall not be used by the Seller as evidence of product quality, nor shall they preclude subsequent rejection.
6. Compliance: The Seller in performing this order is responsible for compliance with all applicable State & Federal, Provincial and Local laws & regulations as may apply to the articles furnished under this order.
7. Assignment/Outsourcing: Neither the order nor any interest therein or any claim hereunder may be assigned or outsourced by the Seller without the consent of the Buyer. An assignment or outsource without the Buyer’s consent is ineffective and void. No such written consent shall relieve the Seller of its obligations to comply fully with the terms of this order. If written consent is given by the Buyer for assignment/outsourcing, the seller must flow-down the applicable requirements in their purchase documents to sub-tier suppliers. Note, only special process sub-tier suppliers approved by the Buyer, Buyer’s Customer and/or the pertinent Government/Regulatory Agency shall be used unless otherwise specified.
8. EDI: If any part of this order is affected using Electronic Data Interchange the Buyer and Seller agree that these Terms and Conditions will continue to apply to the articles delivered.
9. Entire Agreement: This order, including amendments and attachments, constitutes the entire agreement and understanding between Buyer and Seller with the respect to the articles/services ordered.
10. Access Rights: Acceptance of Buyer’s purchase order signifies agreement for access rights to quality records and all facilities involved in the order by Buyer, Buyer’s Customer and/or the pertinent Government/Regulatory Agency- such as the FAA – when requested.
11. Product/Process Changes: Seller shall not make changes to product/process definition, parameters, and specifications without written notification to the Buyer and written authorization or First Article Approval by the Buyer.
12. Product/Process Certifications & Reports: When certifications or inspection reports for the product or process supplied by Seller are required via Buyer purchase order, the information within the certifications or inspection reports shall include positive identification/traceability (e.g. part description, quantity, and lot/batch serial number) of the product, plus the applicable drawing revision, process description, specifications and test/inspection results. Note if the Seller is a distributor, then the Seller shall provide the manufacturer’s test certifications when required.
13. Record Retention: Seller must create and maintain records per ISO9001/AS9100 requirements and retain those related to aerospace product/process for ten (10) years, non-aerospace product/processes for two (2) years.
14. ITAR Compliance: This purchase order and any files transmitted with it may contain
technical data as defined in the International Traffic in Arms Regulations (ITAR) 22 CFR 120.10. Export of this material is restricted by the Arms Export Control Act (22 USC 2751 et seq) and may not be exported without prior written approval from the U.S. Department of State.
15. Contribution to Product or Service Conformity: The external provider is to run a part to its router instructions, follow applicable work instructions that define product conformity and verify product quality per an inspection plan.
16. Counterfeit Parts: The Seller warrants that counterfeit supplies or material shall not be supplied to the Buyer or installed in the Buyer’s products by the Seller. The Seller warrants that only new, unused, authentic, genuine and legitimate items shall form part of the supplies to the Buyer.
17. Contribution to Product Safety: The external provider is to follow all instructions and the router to ensure that the part meets all specifications.
18. Ethical Behavior: A strong ethical culture within your business is important in safeguarding your assets. Employees who abide by your workplace ethics would be able to protect and respect your business’s assets. Ensure that your workers perform in an environment with integrity. Workplace ethics leads to happy and satisfied employees who enjoy coming to work rather than treating it as a mere source of burden. Employees also develop a feeling of loyalty and attachment towards the organization.
