Terms and Conditions – Vendor

General Terms and Conditions for Purchase Orders

  1. Specifications: Supplier shall comply with all specifications stated on the face of this Purchase Order and with all applicable US Government specifications.
  2. If the vendor becomes aware of nonconforming product, the vendor shall notify BryCoat and obtain approval for disposition. If BryCoat determines that any goods are defective or otherwise not in conformity with the requirements of this Purchase Order, BryCoat may, in addition to its other rights and remedies, reject such goods and require their prompt correction or their replacement at Supplier’s expense, including shipping and packaging charges. Alternatively, BryCoat may repair or replace such nonconforming goods at Supplier’s expense.
  3. Vendor shall notify BryCoat of changes in product and/or process, changes of suppliers, changes of manufacturing facility location and, where required, obtain BryCoat approval.
  4. Vendor shall flow down to the supply chain the applicable requirements including customer requirements where required.
  5. Manufacturing and quality records shall be retained for at least 3 years or as stated on the face of the purchase order.
  6. Inspection/Verification of Purchased Products: Supplier shall grant to BryCoat (or customers of BryCoat or any governmental regulatory agencies) quality control access to Supplier’s plant or manufacturing facilities, including the freedom to witness and audit all phases of fabrication, testing, and storage of the goods sold to the BryCoat.
  7. Price: This Purchase Order shall not be filled at prices higher than specified herein.  If price terms are omitted from the face thereof, the price of the goods shall be the lower of  (i) the price last quoted or paid, or (ii) the prevailing market price at the time of shipment.
  8. Shipment: The terms and routing of the shipment of goods shall be as provided on the face hereof, or as BryCoat otherwise directs.  BryCoat may revise shipping instructions as to any goods not then shipped.
  9. Packaging: Supplier shall comply to specifications for shipping and packaging.  This includes labeling needs.
  10. Payment: The time period allowed for payment, as indicated on the face hereof, shall commence upon the later of (i) receipt of Supplier’s invoice or (ii) upon receipt of goods.
  11. Subcontracting: Supplier agrees that it will not enter into a subcontract for the procurement of any goods covered by this Purchase Order in their complete or substantially complete form without first obtaining written approval from BryCoat.
  12. Designs: If the goods are to be produced by Supplier in accordance with designs, drawings, or blueprints furnished by BryCoat, Supplier shall return the same to BryCoat at BryCoat’s request upon completion or cancellation of this Purchase Order. Such designs and the like shall not be used by Supplier in the production of materials for any third party without BryCoat’s written consent.  Such designs and the like involve valuable property rights of BryCoat and shall be held confidential by Supplier.  Supplier at its cost shall supply all materials, equipment, tools and facilities required to perform this Purchase Order.
  13. Hazardous Materials: Supplier shall supply all information related to Hazardous Materials, satisfying all governmental and safety requirements including OSHA and the Clean Air Act. Supplier shall submit SDS sheets for all items.
  14. Traceability: Product Traceability is a requirement. Supplier shall provide unique identification of product batches, lots, etc.
  15. Personnel: The supplier shall ensure that all personnel are aware of their contribution to product/service conformity, product safety, and the importance of ethical behavior. When required, BryCoat may request that personnel of a certain competence level be utilized to perform the service specified on the PO. The supplier is expected to adhere to the competence request and provide competence records should they be required.
  16. Counterfeit Parts: The supplier shall establish a process to prevent the use of counterfeit parts and their introduction in to the supply chain. In the event that counterfeit parts are found and there is a possibility that they have been received by BryCoat, the supplier shall contact BryCoat so that appropriate containment actions and reporting can be determined and implemented accordingly.

 

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