READ CAREFULLY THESE TERMS & CONDITIONS All processing such as plating, heat-treating, etc. must be accomplished by approved sources. Contact the undersigned for approved processing sources. Please furnish copies of all certifications on processing requested on the heat treat, plating, N.D.T., material, etc.
MOTEK INDUSTRIES (MOTEK) GENERAL CONDITIONS
All blueprints and/or tooling furnished by Motek Industries must be returned upon completion of this order. The articles or materials covered by this order are to be furnished subject to accordance with attached blueprint(s) and stated specifications and subject to accordance with all applicable laws and regulations of the United States government. All parts processed must be accompanied with documentation that is legible and permit the reproduction of legible copies by standard methods.
1. AGREEMENT. These general conditions are intended by the parties as the final expression of their Agreement and are the complete and exclusive statement of the terms and conditions of that Agreement. If the Purchase order or other form states terms and conditions which are additional to or different from these set forth herein, this writing shall be deemed notification of objection to such additional or different terms of conditions. Accordingly, this Agreement expressly conditioned on the acceptance and assent to the conditions on the face and reverse side hereof. Acceptance of the conditions contained herein shall be considered to have occurred unless written notice of objection is written by the seller or processing company within (10) days of the date specified on this writing. No modification or rescission hereof shall be effective unless made in writing and signed by both parties, nor shall this Agreement be waived, modified, rescinded, or alter by any subsequent course of dealing or performance between the parties.
2. IDENTIFICATION for CERTIFICATION OF CONFORMANCE. Each certification document and report required shall be identified with Purchase Order (PO) number, Job Number, Part number, current Revision of Part, Quantity in shipment, Processing specifications done on the part (if applicable), Military specifications must be recorded (if applicable), Authorized Representative signature, and date signed by the issuing organization.
3. SUPPLIERS(S) & PROCESSOR(S). The supplier and/or Processor shall maintain a documented and implemented Quality Control System meeting the requirements of AS9100, ISO 9001, or equivalent, or maintain a Quality Control System adequate to ensure compliance with all customer requirements. The supplier and/ or processor must be NADCAP certified or approved by the customer to process special/certain processes on subject part(s) in compliance to Customer or PO requirements. Supplier is required to adopt and implement procedures to detect and avoid counterfeit parts/materials in accordance with AS6174 or SAE AS5553, and to provide, where applicable, certification of authenticity. Certification(s) must be available to review upon request minimum of 50 years OR Indefinite. Non-conformance(s) resulting from subject part(s) or PO/Blue print requirements shall be notified to Customer’s Quality department asap. Supplier/Processor shall notify in writing of any process(s) sent to a third party for processing prior to distribute and have authorization by customer. Supplier shall notify of any location change this must be sent in writing and signed by a duly authorized representative.
4. INFORMATION FOR EXTERNAL PROVIDER(S). The organization shall communicate to external providers requirements for: use customer-designated or approved external providers, including process sources (e.g., special processes); notify the organization of nonconfining processes, products, or services and obtain approval for their disposition; notify the organization of changes to processes, products, or services, including changes of their external providers or location of manufacture, and obtain the organization’s approval; flow down to external providers applicable requirements including customer requirements; provide test specimens for design approval, inspection/verification, investigation, or auditing; retain documented information, including retention periods and disposition requirements; All certification(s) must be available to review upon request minimum of 50 years OR Indefinite.
5. MATERIAL. Material must be manufactured and tested in accordance with the mentioned specifications and is in conformance with the specification requirements. Material must meet applicable specifications and Exception to specifications must be shown on the certification. Heat Treat No. / Lot No. for Material purchased must be reference on the packing slip(s) accompanying the material or any documentation corresponding to the order material as well as stated in the Certification. Material for Military Purchased Orders must be purchased within the United States and Certificate of Conformance must state that material for military jobs is domestic or in accordance to terms of the Purchase order. If material has a limited life shall be suitably marked to indicate the date of manufacture and expiration date. Material Certification must be available to review upon request minimum of 50 years OR Indefinite. All material must be traceable.
6. DELIVERY & INSPECTION. The Supplier shall give notification of when articles will be ready 48 hours prior to parts being shipped/deliver. MOTEK INDUSTRIES will accept a partial of the entire order only if the entire order being processed in your facility is not complete and parts are necessary for delivery; MOTEK will notify your company either verbally or in writing if a partial of the order is necessary. Approval of the items by MOTEK INDUSTRIES does not constitute final approval or acceptance of the items, nor does it relieve the Supplier/ Processor of the responsibility to furnish conforming items. The Supplier/ Processor will be held responsible for any damages that may arise from processing as well as damages due to failure of following Foreign Object Damage (FOD) procedures/requirements per NAS412 or AS9146 for an additional (120) days since arrival to Motek’s Facility.
7. SHORTAGES. MOTEK INDUSTRIES can claim shortages within (30) days of received shipment and will hold your company responsible for any shortages or missing parts of the entire quantity deliver.
8. DAMAGED PARTS DUE TO PROCESSING. Damage parts will be delivered back to attained Supplier/Processor for re-work with an attached C.A.R. that must be filled out in accordance and returned along with the parts when order is completed and ready for delivery. If parts are ravaged causing the inability to be re-worked the payment terms will take effect.
9. PAYMENT TERMS. In the event that results of processing operations are unsatisfactory due to metal imperfections, changes in grade or composition of materials, manufacturing and/or fabricating imperfections, usages for which the plating or other furnishing operation was not reasonably designed and similar variables; the processing company attained for processing would be required to pay the contracted amount for the finishing operation performed if metal furnishing is damaged due to processing or be asked to reimburse/ credit MOTEK INDUSTRIES the entire amount of the Purchase Order if the entire order or parts due are rejected by the customer due damage brought upon by processing,
10. RIGHT OF ACCESS. MOTEK INDUSTRIES requires from the Supplier/ Processor the right of access to the applicable area of all Supplier’s Facilities as well as Processor(s), at any level of the supply chain, involved in the order and to all applicable records. Access shall be granted to the organization, their customer, and regulatory authorities to the applicable areas of facilities and to applicable documented information, at any level of the supply chain; ensuring that persons are aware of: their contribution to product or service conformity their contribution to product safety; the importance of ethical behavior.
11. TOOLING. When applicable, MOTEK INDUSTRIES owned tooling shall not be repaired, reworked or modified without prior authorization. All tooling shall be returned to MOTEK INDUSTRIES along with delivery of parts or unless otherwise directed by MOTEK. Adequate storage conditions and prevention of damaged during handling is required on all tooling.
12. TERMS TO BUYER. After (90) days once parts have been delivered to the Buyer/Customer’s facility MOTEK INDUSTRIES WILL NO LONGER BE HELD RESPONSIBLE FOR SUBJECT PARTS or REPLACEMENT OF PARTS damaged during inspection at the care of the Buyer or damaged in the Buyer/Customer’s facility. Replacement of a damaged part(s) caused by the Buyer/Customer will occur at an extra charge to the Buyer/customer. If Purchased orders are asked to be deliver sooner than the stated delivery date on Purchased Order form the Buyer/Customer will be charged an EXPEDITE FEE and our facility must be notified in writing by an authorized Buyer/Customer representative of such request or change before parts can be deliver.
13. PROHIBITION OF ASSIGNMENT. No rights arising under this agreement may be assigned by the company contracted to do subject process unless expressly agreed to in writing by MOTEK INDUSTRIES.
14. DELIVERY DELAYS. MOTEK INDUSTRIES shall not be responsible for delays due to war, acts of God or of the public enemy, acts of the government, fire, floods, strikes, labor trouble, inability to obtain supplies or fuel, sabotage, freight, equipment problems, transportation, and other delays or causes beyond the control of MOTEK INDUSTRIES.
NO agent, employee or representative of MOTEK INDUSTRIES is authorized to alter, amend or waive these TERMS & CONDITIONS or to assume any other obligation or liability for MOTEK except in writing duly approved by an authorized officer of MOTEK.
The provision hereof constitutes the entire agreement between the parties. MOTEK shall be entitled to recover its costs, including reasonable attorney fees, from the attained Supplier/Processor or Customer for any action brought to enforce the terms hereof or to interpret the provision hereof. Any Changes, alterations, waivers, or modifications with respect to either the job performed or terms of Agreement, or to any other matter set forth herein, must be in writing and signed by a duly authorized representative of our company as mentioned before. These terms and conditions shall apply to this and any future order or agreement for the processing of any materials or merchandise. THIS AGREEMENT SHALL BE CONSTRUED AND HAVE EFFECT IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA. This agreement with the conditions above set forth are realistic and reasonable and that acceptance of the material for processing are subject to such conditions and will set forth this agreement into binding terms.