SUPPLIER / VENDOR TERMS AND CONDITIONS
ACCEPTANCE
Unless otherwise specifically agreed to in writing, the following terms and conditions shall apply to the SUPPLIER’S acceptance of Purchase Order/Repair Order and Airgroup Dynamics’s Inc. (ADI) acceptance of ordered items. The acceptance of order by the SUPPLIER shall be conclusive evidence of the SUPPLIER’S approval, consent, and agreement to the terms and conditions herein. Any terms and conditions listed on any SUPPLIER documents which are in addition to or in conflict with these terms and conditions are objected to and shall not become part of this transaction.
CONFIRMATION OF ORDER
The SUPPLIER must acknowledge the order and notify ADI, within one business day, if the order will be fulfilled or not.
DELAY IN DELIVERY
If the SUPPLIER becomes aware of any circumstances that are likely to cause a delay in delivery of the ordered item(s), the SUPPLIER will immediately notify ADI in writing stating the reason for the delay and the updated delivery date. Upon receipt of this information, ADI reserves the right to keep or cancel the purchase order without liability or penalty. ADI also reserves the right to cancel a purchase order if the SUPPLIER cannot meet the needs of an expedited purchase order.
QUALITY
SUPPLIER shall maintain a quality management system, preferably one that is approved by FAA, EASA or ISO9001 / AS9100, or which is acceptable and appropriate for the items supplied hereunder and shall comply with general industry standards. Items supplied shall meet the requirements of the applicable technical specifications and documentation (drawings, specifications, standards, etc.). It shall be the sole responsibility of the SUPPLIER to monitor that the technical specifications regarding materials, methods, form, fitness, and function are observed, whether or not the items have been manufactured by SUPPLIER or by any of SUPPLIER’S subcontractors. If no specific requirements are stated, good industry and craftsman-like practice shall be observed. Items are to be manufactured in accordance with spares configuration guidelines.
CERTIFICATION AND TRACEABILITY
Supplier must provide a statement on the packing sheet certifying its quality assurance department has inspected the parts and they adhere to all requirements, applicable drawings/specifications. Or when the seller is located outside of the United States and they submit an EASA/JAA/FCAA form-1, the following conditions must exist on the form:
1. Block 11 status is identified as "new" and
2. Block 12 titled "remarks" contains a statement certifying the sellers quality assurance department has inspected the parts and
3. Block 12 titled "remarks" does not contain certification statements of PMA, DER, prototype, not to be installed on certified aircraft, or any statement that does not support PC700 certification and
4. Block 13a "certifies that the items identified above were manufactured in conformity to: approved design data and are in
condition for safe operation".
All items must conform to the Original Equipment Manufacturer's (OEM's) specifications and tests. An 8130-3 tag (Serviceable Tag) or Certification of Conformance must accompany the items from SUPPLIER or Approved Maintenance Provider’s facility, including a statement of the condition of the item, back-up data on file for inspection, and signed by an authorized representative of the SUPPLIER or Approved Maintenance Provider. Should such certification not accompany the shipment, items will be held in quarantine and no payment will be processed until the proper certification is received. ADI reserves the right to be supplied with and/or audit such certification on all new items purchased, serviced, repaired or modified. ADI will require trace-ability back to a valid FAA, EASA, OEM, or an approved source and full source documentation. All raw material, machining, and processing certifications shall be supplied at no cost if requested. All Certifications and related documentation must be retained on file by SUPPLIER or Approved Maintenance Provider for a period of at least seven (7) years unless otherwise stated on Purchase/Repair order after completion of this Purchase/Repair Order. ADI must be notified in advance of order if PMA or DER parts are to be supplied.
LIABILITY
The SUPPLIER is liable for all defects in items delivered, including concealed defects, even if they are recognizable and discovered only upon processing, installation, and/or use, and this is not subject to any time limit for claim by ADI. The SUPPLIER shall indemnify and hold ADI harmless from all claims arising from infringement of industrial property rights, patents, copyrights, and other third-party rights, and SUPPLIER agrees that it will defend at its own expense any and all suits against ADI for infringement of any United States or foreign patent, copyright, or other intellectual property right. ADI has the option to reject non-conforming items. All rejected items will be returned at SUPPLIER’S expense. In urgent cases or in the event of delay in supplying a replacement, ADI shall, at the SUPPLIER’S expense, have the right to remedy the defects, or to procure a replacement elsewhere. This shall not affect ADI’S statutory warranty and liability claims, which are in addition to those expressly set forth herein. SUPPLIER shall maintain Aviation Product Liability Insurance in a reasonable amount, and shall provide a Certificate of such insurance to ADI upon request.
Parts returned to the supplier under this order for rework/repair will be accompanied by proof of supplier's inspection and acceptance when resubmitted to ADI. When no fault is found by the supplier for non-conforming product(s), the order will be accompanied by proof of supplier's test data and inspection acceptance. Resubmitted parts will also be accompanied by a copy of or reference to the applicable ADI non-conformance document(s).
Should the Supplier discovers that a non-conforming item has been shipped to ADI at any time, the supplier must provide immediate notification to ADI along with all required information to effect necessary customer product recall procedures.
PACKAGING
Parts returned to the supplier under this order for rework/repair will be accompanied by proof of supplier's inspection and acceptance when resubmitted to ADI. When no fault is found by the supplier for non-conforming product(s), the order will be accompanied by proof of supplier's test data and inspection acceptance. Resubmitted parts will also be accompanied by a copy of or reference to the applicable ADI non-conformance document(s).
Unless otherwise specified, all packing and packaging shall comply with best commercial practice. The price includes all charges for such packing, packaging, and transportation to the FCA shipping point. All items must be packed in accordance with manufacturer specifications. All shipments to ADI must be visually identified with the Purchase Order number on the exterior of package/box so that packages/boxes do not have to be opened to verify order. Unidentified shipments may be refused and returned to sender. All crating and pallet materials used in shipments to or on behalf of ADI must comply with the International Plant Protection Convention’s (IPPC) International Standards for Phytosanitary Measures (ISPM). All Hazardous Materials/Dangerous Goods shipped to or on behalf of ADI, must be packaged, labeled, and shipped in accordance with, and comply with the International Air Transport Association (IATA) and Federal Aviation Administration (FAA) regulations, as well as any and all other applicable laws and regulations. UN number required with hazardous materials as per IATA and FAA regulations. All shipments must be packaged in a way that shipped material will not be damaged.
SAFETY DATA SHEET (SDS's)
If an SDS is required for this material, the SUPPLIER shall include one copy of the SDS, and it shall be identifiable and provided with each shipment of the items furnished under this order.
"Ozone depleting substance," as used in this clause means any substance that environmental protection agency designates in 40 CFR part 82 as -
(1) Class i, including, but not limited to, chlorofluorocarbons, halon, carbon tetra-chloride, and methyl chloroform, or
(2) Class ii, including, but not limited to Hydrochlorofluourcarbons
Seller shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 USC 7671j (b), (c), and (d) and 40 CFR part 82, subpart e, as applicable:
Warning, contains *__________, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
*seller shall insert the name of the substance(s).
RIGHT OF ENTRY
SUPPLIER hereby grants to ADI, its customers, and any applicable regulatory agencies, the right to enter on its premises as well as other necessary places, during normal business hours, for the purpose of inspection of SUPPLIER’S facilities and systems to ensure SUPPLIER’S compliance with the terms and requirements of order, including the quality of the contracted work, records, and materials.
IMPORT/EXPORT COMPLIANCE
SUPPLIER will comply with united states export control and sanctions laws, regulations, and orders, as they may be amended from time to time, applicable to the export and re-export of goods, software, technology, or technical data ("ITEMS") or services, including without limitation the export administration regulations ("EAR"), international traffic in arms regulations ("ITAR"), and regulations and orders administered by the treasury department's office of foreign assets control (collectively, "export control laws").Shall be responsible for obtaining the required authorizations. The supplier conducting the re-export shall be responsible for obtaining the required authorizations. Each supplier shall reasonably cooperate and exercise reasonable efforts to support the other supplier in obtaining any necessary licenses or authorizations required to perform its obligations under this condition. The supplier providing any items under this condition shall, upon request, notify the other supplier of the items' export control classification numbers ("ECCNS") as well as the ECCNS of any components or parts thereof if they are different from the ECCN of the item at issue. Each supplier represents that (1) the items, and the parts and components thereof, it is providing under this condition are not "defense articles" as the term is defined in 22 CFR sub section 120.6 of the ITAR, and (2) the services it is providing under this condition are not "defense articles" as that term is defined in 22 CFR sub section 120.9 of the ITAR. The parties acknowledge that this representation means that an official capable of binding the supplier providing such items knows or has otherwise determined that such items, and the parts and components thereof, are not on the ITAR'S munitions list at 22 CFR sub section 121.1. Each supplier agrees to reasonably cooperate with the other in providing, upon request of the other supplier, documentation or other information that supports or confirms this representation. To that extent that such items, or any parts or components thereof, were specifically designed or modified for a military end use or end user, the supplier providing such items shall notify the other supplier of this fact and shall also provide the other supplier with written confirmation from the united states department of state that such items, and all such parts or components thereof, are not subject to the jurisdiction of the ITAR.
Every article of foreign origin imported into the United States shall be marked with the country of origin in acceptance with the US customs regulations 19 CFR 134. Since all imported parts are subject to delivery to the ultimate consumer, in accordance with 19 CFR 134, ADI requires marking of all foreign origin imported parts. Very limited exceptions are allowed in accordance with customs regulations (see below) for any other exceptions, Non-US suppliers must submit exception requests to the appropriate ADI Compliance Officer prior to shipment, who will then import for approval. Rubber stamp and other surface marking methods, including inks, paints, and coatings shall be used in accordance with this specification. Intrusive methods are not authorized. Location and part mark method shall be consistent with drawing part mark requirements, if applicable. The marking shall consist of the following, as applicable:
A: country of origin - The English language name of the country in which the imported article was manufactured.
B: The marking must be conspicuous, legible, and permanent
C: The wording need only consist of the English language name of the country of origin such as France, china, or japan unless there is also wording on the container, unit, etc. that makes reference to united states, USA and/or America. If such references are present, the country of origin marking must be a phrase such as "made in china", "assembled in France", "product of japan", placed in close proximity to the wording that makes reference to the USA, and be in at least comparable size.
D: Abbreviations which mistakenly indicate the name of a country, such as "GT Britain" or "UK" for "Great Britain" are acceptable. Variant spellings which clearly indicate the English name of the country of origin, such as "Brasil" for "Brazil" and "Italie" for "Italy" are acceptable.
Exceptions: The following items are not required to be marked with the country of origin, but the country of origin shall be marked on the packaging/container which ordinarily reaches the ultimate purchaser (CFR 134.22):
1. Articles that are incapable of being marked, 19 CFR 134.32 (a)
2. Articles that cannot be marked without damage to the article, 19 CFR 134.32 (b)
3. Products of the United States, 19 CFR 134.32 (m)
4. Articles cited on the j-list, 19 CFR 134.33
Supplier shall provide to ADI at its earliest convenience, but in no cases less than twenty-four (24) hours before shipment, the following information for all items: (1) the applicable United States Munitions List (“USML”) category or Export Control Classification Number (“ECCN”); (2) the Harmonized Tariff Schedule code; and (3) the Country of Origin. If an item is controlled by the International Traffic in Arms Regulations (“ITAR”), SUPPLIER shall also advise ADI if the item is Significant Military Equipment (“SME”), a Major Component, or under the Missile Technology Control Regime (“MTCR”). For orders shipping from outside of the United States, SUPPLIER shall strictly follow all ADI shipping instructions and shall provide copies of the following documents to ADI prior to, but in no case no later than the time of shipment: (1) FAA/EASA/TCCA or other civil aircraft certification, if applicable; (2) Commercial Shipping Invoice; (3) Packing List; (4) Airway Bill; (5) Foreign Sales Declaration, if applicable; and (6) any other document required per commodity type. If SUPPLIER is engaged in the United States in the business of exporting, manufacturing, brokering, or any other value added service of items controlled by the ITAR, SUPPLIER represents that it is registered with the Directorate of Defense Trade Controls (“DDTC”), as may be required by 22 C.F.R. 122.1 and/or 22 C.F.R. 129.3 of the ITAR and that it maintains an effective export/import compliance program in accordance with DDTC guidelines.
DEBARMENT OF SELLER
If SUPPLIER (or any of its subcontractors) is debarred by the U.S. Government from participating in transactions which involve the export of items (whether commercial or military), ADI has the immediate available option of canceling this order without liability of any kind to SUPPLIER. If SUPPLIER (or any of its subcontractors) is debarred by the U.S. Government from selling items either directly to the government or from providing items as a subcontractor in fulfillment of requirements originating with the U.S. Government, ADI has the immediate available option of canceling this order without liability of any kind to SUPPLIER. If ADI only becomes aware of such status of SUPPLIER (or any of its subcontractors) after receipt of the ordered items, ADI may return such items to SUPPLIER and SUPPLIER shall immediately refund all amounts paid by ADI, if any, for such items. It is SUPPLIER’S responsibility to determine if its subcontractors meet the requirements of this paragraph.
OUTSIDE MAINTENANCE FUNCTIONS
SUPPLIER shall meet all the requirements set forth by FAA and EASA to be able to perform maintenance functions for ADI. This includes having an FAA approved drug program and a quality management system etc.
CORRECTIVE ACTION
Suppliers must have a system for Corrective Action. Corrective Action refers to an internal problem solving process initiated to prevent future delivery of defective product. Emphasis should be on identifying potential problems and implementing a solution at the source.
Corrective action should be performed by an individual knowledgeable in the area or process that caused the defect. That person will conduct a failure analysis to identify the cause of the problem, propose and implement a solution.
The solution should be verified to ensure the problem is solved.
The supplier shall establish, document, implement and maintain a procedure to evaluate if non-conformities are based on human factors and if additional non-conforming parts exist. Should the Supplier discovers that a non-conforming item has been shipped to ADI at any time, the supplier must provide immediate notification to ADI along with all required information to effect necessary customer product recall procedures.
Suppliers must provide a Corrective Action response within 30 calendar days. If a response is not received, a reminder call, email, or letter will be sent. If a Corrective Action is not responded to within 60 days of receipt, ADI reserves the right to terminate for cause any open purchase orders with the supplier. Unusual circumstances that require additional time to resolve should be arranged in advance by the supplier through ADI’s Quality department.
SUPPLIER FLOW DOWN
All supplier requirements mandated by ADI must be flowed down to sub-tier suppliers.
ETHICS
The supplier will ensure all employees understand their contribution to product/service conformity, product safety, and ethical behavior.
SUPPLIER RECORDS
Records Control
The supplier/vendor shall maintain a documented procedure, maintaining and controlling Quality records in accordance with acceptable quality system standards. Upon request, supplier/vendor shall be capable of retrieving and delivering required records to ADI within 48 hours from time of request.
Records Retention
Unless otherwise approved by Airgroup Dynamics, Inc in writing, supplier/vendor shall maintain all records that provide objective evidence of compliance to ADI PO/RO requirements for a minimum of at least seven (7) years unless otherwise stated on Purchase/Repair orders after the last delivery of products and/or services listed on PO or RO received by Airgroup Dynamics, Inc. Prior to discarding, transferring to another organization, or destruction of such records, the supplier/vendor shall notify the ADI quality in writing and give ADI the opportunity to gain possession of the records. These requirements are applicable to records generated by supplier/vendor’s sub-tier sources.
Unless otherwise specifically agreed to in writing, the following terms and conditions shall apply to the SUPPLIER’S acceptance of Purchase Order/Repair Order and Airgroup Dynamics’s Inc. (ADI) acceptance of ordered items. The acceptance of order by the SUPPLIER shall be conclusive evidence of the SUPPLIER’S approval, consent, and agreement to the terms and conditions herein. Any terms and conditions listed on any SUPPLIER documents which are in addition to or in conflict with these terms and conditions are objected to and shall not become part of this transaction.
CONFIRMATION OF ORDER
The SUPPLIER must acknowledge the order and notify ADI, within one business day, if the order will be fulfilled or not.
DELAY IN DELIVERY
If the SUPPLIER becomes aware of any circumstances that are likely to cause a delay in delivery of the ordered item(s), the SUPPLIER will immediately notify ADI in writing stating the reason for the delay and the updated delivery date. Upon receipt of this information, ADI reserves the right to keep or cancel the purchase order without liability or penalty. ADI also reserves the right to cancel a purchase order if the SUPPLIER cannot meet the needs of an expedited purchase order.
QUALITY
SUPPLIER shall maintain a quality management system, preferably one that is approved by FAA, EASA or ISO9001 / AS9100, or which is acceptable and appropriate for the items supplied hereunder and shall comply with general industry standards. Items supplied shall meet the requirements of the applicable technical specifications and documentation (drawings, specifications, standards, etc.). It shall be the sole responsibility of the SUPPLIER to monitor that the technical specifications regarding materials, methods, form, fitness, and function are observed, whether or not the items have been manufactured by SUPPLIER or by any of SUPPLIER’S subcontractors. If no specific requirements are stated, good industry and craftsman-like practice shall be observed. Items are to be manufactured in accordance with spares configuration guidelines.
CERTIFICATION AND TRACEABILITY
Supplier must provide a statement on the packing sheet certifying its quality assurance department has inspected the parts and they adhere to all requirements, applicable drawings/specifications. Or when the seller is located outside of the United States and they submit an EASA/JAA/FCAA form-1, the following conditions must exist on the form:
1. Block 11 status is identified as "new" and
2. Block 12 titled "remarks" contains a statement certifying the sellers quality assurance department has inspected the parts and
3. Block 12 titled "remarks" does not contain certification statements of PMA, DER, prototype, not to be installed on certified aircraft, or any statement that does not support PC700 certification and
4. Block 13a "certifies that the items identified above were manufactured in conformity to: approved design data and are in
condition for safe operation".
All items must conform to the Original Equipment Manufacturer's (OEM's) specifications and tests. An 8130-3 tag (Serviceable Tag) or Certification of Conformance must accompany the items from SUPPLIER or Approved Maintenance Provider’s facility, including a statement of the condition of the item, back-up data on file for inspection, and signed by an authorized representative of the SUPPLIER or Approved Maintenance Provider. Should such certification not accompany the shipment, items will be held in quarantine and no payment will be processed until the proper certification is received. ADI reserves the right to be supplied with and/or audit such certification on all new items purchased, serviced, repaired or modified. ADI will require trace-ability back to a valid FAA, EASA, OEM, or an approved source and full source documentation. All raw material, machining, and processing certifications shall be supplied at no cost if requested. All Certifications and related documentation must be retained on file by SUPPLIER or Approved Maintenance Provider for a period of at least seven (7) years unless otherwise stated on Purchase/Repair order after completion of this Purchase/Repair Order. ADI must be notified in advance of order if PMA or DER parts are to be supplied.
LIABILITY
The SUPPLIER is liable for all defects in items delivered, including concealed defects, even if they are recognizable and discovered only upon processing, installation, and/or use, and this is not subject to any time limit for claim by ADI. The SUPPLIER shall indemnify and hold ADI harmless from all claims arising from infringement of industrial property rights, patents, copyrights, and other third-party rights, and SUPPLIER agrees that it will defend at its own expense any and all suits against ADI for infringement of any United States or foreign patent, copyright, or other intellectual property right. ADI has the option to reject non-conforming items. All rejected items will be returned at SUPPLIER’S expense. In urgent cases or in the event of delay in supplying a replacement, ADI shall, at the SUPPLIER’S expense, have the right to remedy the defects, or to procure a replacement elsewhere. This shall not affect ADI’S statutory warranty and liability claims, which are in addition to those expressly set forth herein. SUPPLIER shall maintain Aviation Product Liability Insurance in a reasonable amount, and shall provide a Certificate of such insurance to ADI upon request.
Parts returned to the supplier under this order for rework/repair will be accompanied by proof of supplier's inspection and acceptance when resubmitted to ADI. When no fault is found by the supplier for non-conforming product(s), the order will be accompanied by proof of supplier's test data and inspection acceptance. Resubmitted parts will also be accompanied by a copy of or reference to the applicable ADI non-conformance document(s).
Should the Supplier discovers that a non-conforming item has been shipped to ADI at any time, the supplier must provide immediate notification to ADI along with all required information to effect necessary customer product recall procedures.
PACKAGING
Parts returned to the supplier under this order for rework/repair will be accompanied by proof of supplier's inspection and acceptance when resubmitted to ADI. When no fault is found by the supplier for non-conforming product(s), the order will be accompanied by proof of supplier's test data and inspection acceptance. Resubmitted parts will also be accompanied by a copy of or reference to the applicable ADI non-conformance document(s).
Unless otherwise specified, all packing and packaging shall comply with best commercial practice. The price includes all charges for such packing, packaging, and transportation to the FCA shipping point. All items must be packed in accordance with manufacturer specifications. All shipments to ADI must be visually identified with the Purchase Order number on the exterior of package/box so that packages/boxes do not have to be opened to verify order. Unidentified shipments may be refused and returned to sender. All crating and pallet materials used in shipments to or on behalf of ADI must comply with the International Plant Protection Convention’s (IPPC) International Standards for Phytosanitary Measures (ISPM). All Hazardous Materials/Dangerous Goods shipped to or on behalf of ADI, must be packaged, labeled, and shipped in accordance with, and comply with the International Air Transport Association (IATA) and Federal Aviation Administration (FAA) regulations, as well as any and all other applicable laws and regulations. UN number required with hazardous materials as per IATA and FAA regulations. All shipments must be packaged in a way that shipped material will not be damaged.
SAFETY DATA SHEET (SDS's)
If an SDS is required for this material, the SUPPLIER shall include one copy of the SDS, and it shall be identifiable and provided with each shipment of the items furnished under this order.
"Ozone depleting substance," as used in this clause means any substance that environmental protection agency designates in 40 CFR part 82 as -
(1) Class i, including, but not limited to, chlorofluorocarbons, halon, carbon tetra-chloride, and methyl chloroform, or
(2) Class ii, including, but not limited to Hydrochlorofluourcarbons
Seller shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 USC 7671j (b), (c), and (d) and 40 CFR part 82, subpart e, as applicable:
Warning, contains *__________, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
*seller shall insert the name of the substance(s).
RIGHT OF ENTRY
SUPPLIER hereby grants to ADI, its customers, and any applicable regulatory agencies, the right to enter on its premises as well as other necessary places, during normal business hours, for the purpose of inspection of SUPPLIER’S facilities and systems to ensure SUPPLIER’S compliance with the terms and requirements of order, including the quality of the contracted work, records, and materials.
IMPORT/EXPORT COMPLIANCE
SUPPLIER will comply with united states export control and sanctions laws, regulations, and orders, as they may be amended from time to time, applicable to the export and re-export of goods, software, technology, or technical data ("ITEMS") or services, including without limitation the export administration regulations ("EAR"), international traffic in arms regulations ("ITAR"), and regulations and orders administered by the treasury department's office of foreign assets control (collectively, "export control laws").Shall be responsible for obtaining the required authorizations. The supplier conducting the re-export shall be responsible for obtaining the required authorizations. Each supplier shall reasonably cooperate and exercise reasonable efforts to support the other supplier in obtaining any necessary licenses or authorizations required to perform its obligations under this condition. The supplier providing any items under this condition shall, upon request, notify the other supplier of the items' export control classification numbers ("ECCNS") as well as the ECCNS of any components or parts thereof if they are different from the ECCN of the item at issue. Each supplier represents that (1) the items, and the parts and components thereof, it is providing under this condition are not "defense articles" as the term is defined in 22 CFR sub section 120.6 of the ITAR, and (2) the services it is providing under this condition are not "defense articles" as that term is defined in 22 CFR sub section 120.9 of the ITAR. The parties acknowledge that this representation means that an official capable of binding the supplier providing such items knows or has otherwise determined that such items, and the parts and components thereof, are not on the ITAR'S munitions list at 22 CFR sub section 121.1. Each supplier agrees to reasonably cooperate with the other in providing, upon request of the other supplier, documentation or other information that supports or confirms this representation. To that extent that such items, or any parts or components thereof, were specifically designed or modified for a military end use or end user, the supplier providing such items shall notify the other supplier of this fact and shall also provide the other supplier with written confirmation from the united states department of state that such items, and all such parts or components thereof, are not subject to the jurisdiction of the ITAR.
Every article of foreign origin imported into the United States shall be marked with the country of origin in acceptance with the US customs regulations 19 CFR 134. Since all imported parts are subject to delivery to the ultimate consumer, in accordance with 19 CFR 134, ADI requires marking of all foreign origin imported parts. Very limited exceptions are allowed in accordance with customs regulations (see below) for any other exceptions, Non-US suppliers must submit exception requests to the appropriate ADI Compliance Officer prior to shipment, who will then import for approval. Rubber stamp and other surface marking methods, including inks, paints, and coatings shall be used in accordance with this specification. Intrusive methods are not authorized. Location and part mark method shall be consistent with drawing part mark requirements, if applicable. The marking shall consist of the following, as applicable:
A: country of origin - The English language name of the country in which the imported article was manufactured.
B: The marking must be conspicuous, legible, and permanent
C: The wording need only consist of the English language name of the country of origin such as France, china, or japan unless there is also wording on the container, unit, etc. that makes reference to united states, USA and/or America. If such references are present, the country of origin marking must be a phrase such as "made in china", "assembled in France", "product of japan", placed in close proximity to the wording that makes reference to the USA, and be in at least comparable size.
D: Abbreviations which mistakenly indicate the name of a country, such as "GT Britain" or "UK" for "Great Britain" are acceptable. Variant spellings which clearly indicate the English name of the country of origin, such as "Brasil" for "Brazil" and "Italie" for "Italy" are acceptable.
Exceptions: The following items are not required to be marked with the country of origin, but the country of origin shall be marked on the packaging/container which ordinarily reaches the ultimate purchaser (CFR 134.22):
1. Articles that are incapable of being marked, 19 CFR 134.32 (a)
2. Articles that cannot be marked without damage to the article, 19 CFR 134.32 (b)
3. Products of the United States, 19 CFR 134.32 (m)
4. Articles cited on the j-list, 19 CFR 134.33
Supplier shall provide to ADI at its earliest convenience, but in no cases less than twenty-four (24) hours before shipment, the following information for all items: (1) the applicable United States Munitions List (“USML”) category or Export Control Classification Number (“ECCN”); (2) the Harmonized Tariff Schedule code; and (3) the Country of Origin. If an item is controlled by the International Traffic in Arms Regulations (“ITAR”), SUPPLIER shall also advise ADI if the item is Significant Military Equipment (“SME”), a Major Component, or under the Missile Technology Control Regime (“MTCR”). For orders shipping from outside of the United States, SUPPLIER shall strictly follow all ADI shipping instructions and shall provide copies of the following documents to ADI prior to, but in no case no later than the time of shipment: (1) FAA/EASA/TCCA or other civil aircraft certification, if applicable; (2) Commercial Shipping Invoice; (3) Packing List; (4) Airway Bill; (5) Foreign Sales Declaration, if applicable; and (6) any other document required per commodity type. If SUPPLIER is engaged in the United States in the business of exporting, manufacturing, brokering, or any other value added service of items controlled by the ITAR, SUPPLIER represents that it is registered with the Directorate of Defense Trade Controls (“DDTC”), as may be required by 22 C.F.R. 122.1 and/or 22 C.F.R. 129.3 of the ITAR and that it maintains an effective export/import compliance program in accordance with DDTC guidelines.
DEBARMENT OF SELLER
If SUPPLIER (or any of its subcontractors) is debarred by the U.S. Government from participating in transactions which involve the export of items (whether commercial or military), ADI has the immediate available option of canceling this order without liability of any kind to SUPPLIER. If SUPPLIER (or any of its subcontractors) is debarred by the U.S. Government from selling items either directly to the government or from providing items as a subcontractor in fulfillment of requirements originating with the U.S. Government, ADI has the immediate available option of canceling this order without liability of any kind to SUPPLIER. If ADI only becomes aware of such status of SUPPLIER (or any of its subcontractors) after receipt of the ordered items, ADI may return such items to SUPPLIER and SUPPLIER shall immediately refund all amounts paid by ADI, if any, for such items. It is SUPPLIER’S responsibility to determine if its subcontractors meet the requirements of this paragraph.
OUTSIDE MAINTENANCE FUNCTIONS
SUPPLIER shall meet all the requirements set forth by FAA and EASA to be able to perform maintenance functions for ADI. This includes having an FAA approved drug program and a quality management system etc.
CORRECTIVE ACTION
Suppliers must have a system for Corrective Action. Corrective Action refers to an internal problem solving process initiated to prevent future delivery of defective product. Emphasis should be on identifying potential problems and implementing a solution at the source.
Corrective action should be performed by an individual knowledgeable in the area or process that caused the defect. That person will conduct a failure analysis to identify the cause of the problem, propose and implement a solution.
The solution should be verified to ensure the problem is solved.
The supplier shall establish, document, implement and maintain a procedure to evaluate if non-conformities are based on human factors and if additional non-conforming parts exist. Should the Supplier discovers that a non-conforming item has been shipped to ADI at any time, the supplier must provide immediate notification to ADI along with all required information to effect necessary customer product recall procedures.
Suppliers must provide a Corrective Action response within 30 calendar days. If a response is not received, a reminder call, email, or letter will be sent. If a Corrective Action is not responded to within 60 days of receipt, ADI reserves the right to terminate for cause any open purchase orders with the supplier. Unusual circumstances that require additional time to resolve should be arranged in advance by the supplier through ADI’s Quality department.
SUPPLIER FLOW DOWN
All supplier requirements mandated by ADI must be flowed down to sub-tier suppliers.
ETHICS
The supplier will ensure all employees understand their contribution to product/service conformity, product safety, and ethical behavior.
SUPPLIER RECORDS
Records Control
The supplier/vendor shall maintain a documented procedure, maintaining and controlling Quality records in accordance with acceptable quality system standards. Upon request, supplier/vendor shall be capable of retrieving and delivering required records to ADI within 48 hours from time of request.
Records Retention
Unless otherwise approved by Airgroup Dynamics, Inc in writing, supplier/vendor shall maintain all records that provide objective evidence of compliance to ADI PO/RO requirements for a minimum of at least seven (7) years unless otherwise stated on Purchase/Repair orders after the last delivery of products and/or services listed on PO or RO received by Airgroup Dynamics, Inc. Prior to discarding, transferring to another organization, or destruction of such records, the supplier/vendor shall notify the ADI quality in writing and give ADI the opportunity to gain possession of the records. These requirements are applicable to records generated by supplier/vendor’s sub-tier sources.