Terms and Conditions
Products and services are to be delivered by the delivery date stated on the purchase order, unless otherwise agreed upon by the Buyer.
Seller expressly warrants all goods or services furnished under this agreement shall conform to all specifications and appropriate standards, will be new, and free from defects in material or workmanship. Seller warrants that all such goods or services will be adequately contained, packaged, marked and labeled.
Seller warrants that goods or services furnished will conform to all requirements and specifications. Seller agrees to replace or correct defects to any goods or services not conforming to the specifications given, without expense to Buyer when notified of such nonconformity by Buyer, providing Buyer elects to provide Seller the opportunity to do so.
Seller warrants that all goods and services sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations.
Should seller become aware of non-conformance with the product or service, they must notify the Buyer in writing of such non-conformance in writing of such non-conformance. The right to disposition non-conforming goods rests with the Buyer, or their Customers. The seller shall not disposition nonconforming goods. Furthermore, should the seller become aware of product and/or process change, they must notify the Buyer in writing and must have approval of the same.
Seller agrees that all documentation will be kept on file for a minimum of 10 years, or as dictated by Buyer (per purchase order) or End Customer.
Buyer shall flow down relevant specifications and requirements to their suppliers, in cases where work is subcontracted as part of the agreed upon processes.
This order constitutes the entire agreement between the parties and contains all agreements and conditions of the sale. The terms and conditions contained in the Order shall not be added to, or modified, superseded or otherwise altered, except by written modification signed by the Space Machine Buyer, General Manager or Owner. Each delivery shall be deemed to be only upon the terms and conditions contained in this Order, which shall supersede all inconsistent provisions included in Seller's proposal and in any subsequent acknowledgement by Seller, notwithstanding Buyers act of accepting or paying for any delivery or similar act of Buyer.
Right of access-Buyer, its customers, and regulatory agencies reserve the right of access to Seller's facilities involved in Purchase orders and to all applicable records needed.
Space Machine and Engineering Corp., its customers and Regulatory Authorities reserve the right to perform audits and/or inspections at the Supplier’s and/or supplier’s subcontractor’s facility on the manufactured and/or repaired parts. Supplier material, records, process and routing sheets, manufacturing, and test and inspection facilities are subject to review by Space Machine and Engineering Corp. (SME), it customers (Commercial, designated Government representatives, Regulatory authorities). When on-site verification of Contract / Purchase order conformance is required, the supplier shall provide the equipment, facilities, and personnel necessary for the SME or its customer’s representatives to verify compliance.
Suppliers shall comply with all general purchase order provisions. Space Machine and Engineering Corp. must be notified of changes in design, material, manufacturing location, manufacturing equipment, production processes, and any other process related to the Goods in place as of the purchase order issuance date. Suppliers shall immediately notify Space Machine and Engineering Corp’s, Buyer, Sales, Quality Manager or Engineering Department on any changes in quality leadership, scope, name, or address of Quality Management System registrations, or controlled processes certification status, including suspensions or disapprovals. Suppliers shall also notify the above parties in the event of complete company closure with no transition plan managed by its corporate office. Supplier notifications shall contain the following supplier information as a minimum: Supplier ID/DUNS number, (if changing, provide old DUNs and new DUNs.) old data and new data (e.g. if address change, list the prior address and the new address) name of supplier quality contact, phone number of supplier quality contact, email address of supplier quality contact.
All quality records, data or correspondence to Space Machine and Engineering Corp. is required to be in English language. The Supplier shall maintain an English Language translation of its Quality Manual. Upon request, all supplier data related to furnished product must be translated to English and made available. If the supplier does not perform this service, translation fees will be debited to the Supplier.
Where applicable, the Supplier shall ensure that the current configuration of all drawings, specifications, and instructions required by the Contract / Purchase Order, as well as authorized changes, are used for manufacturing, inspecting, and testing.
The following acts or practices are prohibited:
- Unauthorized Repair - Repairs (by welding, brazing, soldering, or the use of adhesives) of parts damaged or found faulty in the fabrication process; repairing holes in castings, forgings or other materials by plugging or bushing without authorization from Buyer.
- Unauthorized Processing - Addition, revision, or deletion of thermal, chemical, or electrochemical processes in manufacturing when processes are subject to specification control by Buyer.
- Improper Material Submittal - Submission of material having known defects/problems to Buyer without notification.
- Improper Material Re-submittal - Resubmission of material to Buyer without material being clearly identified as resubmitted material.
- Unauthorized Material and Information Transfer – No supplier shall buy, sell, trade, or transfer SME owned/supplied drawings, data, material, parts, devices, assemblies or end equipment for purposes other than the performance of SME business, without prior written approval.
- Reclaimed Material – No supplier shall use reclaimed material without prior written approval from the Buyer.
For component parts (COTS) or SME designed parts or assemblies, the Supplier shall notify the SME Buyer regarding part or material obsolescence as soon as the information becomes available, with an expectation to provide notification at least six months prior to the last date an order will be accepted. SME requires sub tier/subcontract suppliers to manage obsolescence on the assemblies where they own the design. For products where the Supplier has design responsibility, the Supplier shall develop and implement a Part Obsolescence Management Process. This Process shall include the following elements at a minimum: - Annual assessment of Product Bill of Material(s) (BOMs) to identify any obsolescence that will potentially impact delivery of product to SME. - Proactive identification and detection of part, material or manufacturing/test equipment obsolescence issues - Action Plan to resolve each obsolescence issue, including forecast analysis and product support decision(s) (i.e. Life Time Buy, redesign or product sunset) - Life Time Buy inventory management plan to ensure long term ability to produce product - Advanced notification to the SME buyer of any potential interruption in the ability to meet SME forecasted demand due to an obsolescence issue.
The Supplier shall not return unused consigned material without authorization from the SME Buyer.
Suppliers are required to identify and work to Government, Industry, and SME and its customers specifications where applicable. When a specification revision is listed on an engineering drawing or purchase order, only that specification and revision shall be used.