Precision Plastics refers to Precision Plastics, Inc.
Supplier refers to the entity that is receiving the Purchase Order and fulfilling the actual Purchase Order. The Supplier may be a Distributor, Manufacturer, Producer, Retailer, Provider of a Service or Information, or any other entity empowered to sell the goods or services contracted by the Purchase Order.
Authorized Purchasing Agent refers to the Precision Plastics, Inc. representative whose name appears on the Purchase Order.
ACCEPTANCE OF CONTRACT/TERMS AND CONDITIONS: Supplier’s acknowledgment, acceptance of payment, or commencement of performance shall constitute Supplier’s unqualified acceptance of Precision Plastics Terms and Conditions. Failure to meet terms and conditions of Purchase Order may result in delayed payment of the invoice, cancellation of order, the return of merchandise at Supplier’s expense, or reduction in future orders. The Supplier is required to flow down to sub-tier Suppliers all applicable requirements of this Purchase Order, including key characteristics where required. A Purchase Order, whether or not issued with reference to a quotation or proposal of Supplier, shall constitute an offer. Acceptance by the supplier is expressly limited to the terms and conditions hereof. No changes or modifications of Purchase Orders shall be valid unless confirmed in writing by Precision Plastics. Delivery of Goods without a Purchase Order will be refused and returned to the Supplier, at the Suppliers cost. Goods may not be billed at a higher price than quoted. Any contested pricing will result in a delay of payments.
RIGHT OF ACCESS: Acceptance of this Purchase Order by the Supplier grants representatives from Precision Plastics, Precision Plastics customers (only if needed or authorized by Precision Plastics), and regulatory agencies the right of entry to the Supplier’s premises and right of access to Supplier’s records for the purpose of verifying that purchased materials or processes conform to specified requirements and to inspect and/or test the Goods. Precision Plastic shall have the right to monitor the Suppliers inspection, quality and reliability procedures and review the data supporting the same. Acceptance of the Goods by Precision Plastics shall not relieve Supplier from any of its obligations and warranties here under. In no event shall payment or transfer of title constitute acceptance of the Goods.
COMPLIANCE WITH LAWS AND REGULATIONS: Supplier warrants that he has been duly authorized to do business in the jurisdiction in which the work is to be performed; that he has obtained at no cost to Precision Plastics or Precision Plastics customer(s) all necessary and required licenses and permits required in connection this Purchase Order, and that he will comply fully with all pertinent laws, decrees, regulations, and labor standards of such country or countries during the performance of this Purchase Order. Suppliers, in the performance of this Purchase Order, shall comply with the provision of the United States Fair Labor Standards Act of 1938 as amended. All products, processes and services delivered under this Purchase Order must meet all statutory and regulatory laws of the United States of America.
INDEMNIFICATION: Supplier shall protect, defend, hold harmless and indemnify Precision Plastics, its subsidiaries, affiliates, authorized dealers and distributors and their officers, directors, employees, agents, successors, assigns and customers from and against any and all claims, suits, allegations, judgments, actions, liabilities, losses, damages, costs, and expenses including, but not limited to, attorney’s fees and expenses (the “Loss”) arising out of, resulting from, related to or associated with:
- A) injury, loss or damage of any nature or kind claimed by a third party, and caused by or arising from, or alleged to have been caused by or arising from, or existing because of, infringement or alleged infringement, of any patent or copyright, or wrongful use of third-party trade secrets or proprietary information, for or on account of the manufacture, sale, offer for sale, or use of any Goods, except in the case where the Supplier’s compliance with specifications prescribed by and originating with Precision Plastics constitutes the sole basis of such infringement, alleged infringement, or wrongful use. If the use or sale of any Goods furnished here under in enjoined as a result of such suit, Supplier, at its option and at no expense to Precision Plastics shall obtain for the party to be indemnified (including Precision Plastics customers, if applicable) the right to use and/or sell the Goods or substitute acceptable equivalent Goods and extend this indemnity thereto;
- B) Supplier’s negligence, strict liability or other claim involving the design, manufacture, material and/or workmanship of the Goods or the warnings or lack thereof;
- C) Supplier’s breach of this Order; or
- D) Supplier’s possession, use repair or maintenance of the Property under the BAILMENT section.
INDEMNIFICATION PROCEDURES: Failure of Precision Plastics to discover and/or remedy the act(s) or omission(s) in the INDEMNIFICATION section shall not excuse the Supplier from this obligation. Precision Plastics shall promptly notify Supplier in writing of the Loss. Precision Plastics shall cooperate in, but not be responsible for the investigation and defense of the action in respect of the Loss or for any costs and expenses associated therewith. Should Supplier fail to assume its obligation here under, Precision Plastics shall have the right, but not the obligation, to defend itself and to thereafter require Supplier to reimburse and indemnify Precision Plastics for any and all costs, including legal fees, paid by Precision Plastics in connection therewith. Any insurance maintained by Supplier as required by the terms of the Order shall in no way be interpreted as relieving Supplier or any responsibility under this section. Section INDEMNIFICATION and INDEMNIFICATION PROCEDURES shall survive termination, cancellation or expiration of this Order.
BAILMENT: Machinery, equipment, tools, jigs, dies, patterns, drawings, specifications and samples furnished to Supplier by Precision Plastics on other than a charge basis, or which are separately billed to Precision Plastics (“Property”) shall be held by Supplier as bailee. Upon completion of this Order, all such Property shall be returned to Precision Plastics or otherwise satisfactorily accounted for by Supplier. Supplier, at its expense, shall insure all such Property for the reasonable value thereof against loss or damage of any kind.
QUALITY SYSTEM: All Suppliers at a minimum must conform to (ISO9001: Current publication) specification. The Supplier must maintain a documented Quality System (manual). This documented Quality System must include provisions for the Supplier to manage the competence, awareness, and training of all personnel. Precision Plastics reserves the right to request evidence of a documented quality system of the Supplier and applicable sub-tier Suppliers. Supplier expressly warrants that all Goods covered by this Purchase Order will conform to the standards, specifications, drawings, samples, models, 3-D geometry or other description furnished or expressly adopted by Precision Plastics, and will be of good material and workmanship, and free from defects, including design defects(if Supplier’s design) and, if custom-designed by Supplier for the application specified by Precision Plastics, be comparable in quality to similar custom-designed goods sold for similar applications, and if the Goods are not ordered to Precision Plastics specifications, Supplier further warrants that they will be of merchantable quality and fit sufficient for the purpose intended (counterfeit materials are not allowable). Supplier further warrants that all Goods covered by this Purchase Order, including but not limited to components and material furnished for or incorporated into the Goods, including Goods intended for distribution as service parts, will comply with all applicable Federal, State, Provincial and local statues, laws, regulations, orders and ordinances, including, without limitation, all environmental and occupational health and safety laws and industry standards.
Vendor Quality Requirements: Vendors will be monitored on a quarterly basis on on-time delivery and quality issues (Non-Conforming Material and Corrective Actions). Vendors with a combined score of 75% or greater will be considered an active supplier. Vendors with a score of 50% to 74% will be considered on probation. Vendors with a score less than 50% will be suspended from new job awards.
Calibration Requirements:Vendors must comply to current NIST or equivalent Standards. When applicable supplier must be accredited to ISO/IEC 17025:Current.
SUBSTITUTIONS: No substitutions allowed whatsoever. The product shipped to Precision Plastics must exactly match those shown on the Precision Plastics Purchase Order. To ship an alternate or “better than” product, a Supplier must receive prior written authorization from Precision Plastics s (formal change order to the Purchase Order). Product deviations from the Purchase Order may be rejected at the dock and returned to the Supplier freight collect.
SHELF LIFE: In cases of materials with expiration dates, at least 85% of shelf life is required upon delivery unless otherwise agreed upon or specified. All materials with a shelf life are required to be delineated on the accompanying certification.
NON-CONFORMANCE OF PRODUCT: If at any time Supplier becomes aware that shipped material is the nonconforming product, Supplier must immediately notify buyer to negotiate arrangements for disposition. Precision Plastics does not accept the nonconforming material, and no oral agreement or action of any kind may alter this provision without specific written agreement by Precision Plastics. If any of the Goods fail to meet the warranties contained in Section Quality System, Supplier may, upon notice from Precision Plastics, promptly correct or replace those Goods at the Supplier’s expense. If Supplier shall fail to adequately address the Nonconformity, then Supplier shall reimburse Precision Plastics for all costs to correct or replace the Nonconformity in the Goods. If the Supplier fails to do so, Precision Plastics may cancel this Order as to all such Goods, and in addition, may cancel the then remaining balance of this Order. After notice to Supplier, all such Foods will be held at Suppliers risk. Precision Plastics, may, and at the Supplier’s directions, shall return such Goods to Supplier at Suppliers risk, and all transportation charges, both to and from the original destination, shall be paid by the Supplier. Any payment of such Goods shall be refunded by Supplier unless Supplier promptly corrects or replaces the same at its expense. If any field problems occur as a result of a Nonconformity in the Goods and is sufficiently serious and widespread to threaten Precision Plastics marketing of its end product or Precision Plastics reputation, or poses a previously unforeseen safety hazard or causes any governmental agency, including, without limitation, a governmental consumer product safety agency or Federal Agency of Consumer’s Protection or the United States Consumer Product Safety Commission, to require a change in Precision Plastics end product, such that a recall or Product Improvement Program (a”PIP”) is a reasonable corrective action, Supplier shall pay forthwith to Precision Plastics all costs and expenses reasonably incurred by Precision Plastics in taking such corrective action. If the corrective action is necessary for part because of a Nonconformity in the Goods provided, and in part because of an act or omission of Precision Plastics, said costs and expenses shall be allocated between the parties pro rata according to their respective percentage of fault.
CHANGE IN PRODUCT AND/OR PROCESSES: Supplier shall give Precision Plastics not less than sixty (60) days prior, written notice of any specification, design, part number or other identification changes, or any major changes in process or procedure or changes in the location of the manufacturing plant or place where Supplier performs any of its obligations under this Order if any such changes may affect the Goods.
SHIPMENTS/DELIVERY: Supplier shall ship/deliver Goods in accordance with the instructions and specifications set forth in this Order. If Goods are not shipped/delivered in accordance with Precision Plastics instructions and specifications, Supplier shall be responsible for any additional cost incurred by Precision Plastics as a result of Suppliers failure to comply with such instructions and/or specifications.
OVER SHIPMENTS: No over shipments greater than 5% will be accepted without prior written authorization from Precision Plastics (formal change order to the Purchase Order). The quantity set forth in the Purchase Order is the contract quantity. Without authorization, the overage portion of your shipment may be returned to you freight collect which will require you to re-deliver/re-invoice consistent with the quantity or pricing specified in the Purchase Order.
UNDER SHIPMENTS: Exact quantity on Purchase Order is required. No under shipments allowed. If quantity cannot be met, then Precision Plastics must be notified in writing prior to order fulfillment. This notification must include the cause for the quantity discrepancy. Precision Plastics will choose at that time whether to allow the Purchase Order to be amended to reflect the newly approved quantity or whether the Purchase Order needs to be canceled.
PARTIAL SHIPMENTS: Partial shipments may be authorized if Precision Plastics is contacted by the Supplier prior to shipment and subject to Precision Plastics’ agreement that a partial order will be allowed. Partial shipments are only authorized in cases where the Supplier gives a verified Purchase Order fulfillment date to Precision Plastics. If the Partial Shipment is not fulfilled by the verified Purchase Order fulfillment date, the Precision Plastics reserves the right to return the already delivered product at the Supplier’s expense for a full refund. Partial shipments are never allowed in cases where the Purchase Order states that “Partial shipments will not be accepted”.
SUPPLIER REQUIREMENT TO NOTIFY BUYER: Supplier shall immediately notify Precision Plastics in writing whenever a verbal or written change request has been received from a representative of Precision Plastics other than the Authorized Purchasing Agent. This includes any change request that affects any aspect of the current Purchase Order including – but not limited to − existing terms and conditions, costs, items ordered, specifications on the items ordered, or schedule of delivery. Only the Authorized Purchasing Agent has the authority to make a change to the Purchase Order via a formal change order.
IDENTIFICATION AND TRACEABILITY: Precision Plastics requires that all purchased products – including raw materials and packaging – are clearly identified by part number, trade name, or chemical name – and that lot numbers and/or batch numbers are clearly designated on the delivery paperwork. Date of Manufacture and Shelf Life/Expiration Date must also be clearly labeled on all products that have a shelf life as well as corresponding paperwork. Supplier shall package, transport and label the Goods and their containers in accordance with all applicable federal, state, provincial and local packaging, shipping and labeling laws and regulations in effect in the place to which Goods are shipped or as specified otherwise by Precision Plastics. In absence of laws regulating the labeling of hazardous substances, Supplier shall label such substances or their containers in accordance with WARNING LABELS, MANUAL, L-1, published by the Manufacturing Chemists Association, Washington, D.C. or any ANSI or similar standard enacted subsequently to this Manual.
DELIVERY PAPERWORK: Delivery paperwork at a minimum must include a packing slip and any other paperwork designated on the Purchase Order. All raw materials must be accompanied by a written Certificate of Analysis, SPC Data, Material Expiration Date (if applicable) and Material Safety Data Sheet (on the first delivery of a raw material each calendar year) regardless of whether the Purchase Order specifies these documents. All written paperwork must be received in order for a Purchase Order to be considered fulfilled. Failure to submit required paperwork – i.e. MSDS, CoA, SPC, Material Expiration – to Precision Plastics at delivery or 24 hours before delivery may result in payment being held. If such paperwork does not exist, a written statement must be supplied to that effect with each order and sent via fax or e-mail to Precision Plastics or attached with the packaging paperwork. Precision Plastics may return products at the Supplier’s cost if acceptable required documentation is not received within 3 business days after delivery. Failure to provide the required paperwork will jeopardize the Supplier’s performance rating.
TIME OF THE ESSENCE; NO WAIVER: Time is of the essence with respect to every term and condition. No acceptance of partial performance on the part of Precision Plastics shall constitute a waiver of any term or condition without prior express written authorization from Precision Plastics.
RECORDS RETENTION: All records, including certification as required under the terms of this purchase order and which document the quality of the items provided, shall be retained for a minimum of 15 years after the final shipment unless otherwise specified in the purchase order or contract.
FLOW DOWN REQUIREMENTS: Suppliers shall flow down to their sub-tier suppliers any applicable Precision Plastics requirements as defined in the purchasing documents (PO, Terms, and Conditions, etc.)
COUNTERFEIT MATERIAL AVOIDANCE REQUIREMENTS: Suppliers shall maintain a counterfeit material avoidance and mitigation process using AS5553 as a guide and be able to produce for review by Precision Plastics. If the supplier does find counterfeit components in the process of supplying components to Precision Plastics, the supplier will immediately notify Precision Plastics. Supplier shall purchase components directly from OEM, OCM, or from authorized distributors and have trace ability records, test data to support documentation. Suppliers are not authorized to deliver any components from any other than those noted above without written consent from Precision Plastics.
EQUAL OPPORTUNITY: Precision Plastics is an equal opportunity employer. This Purchase Order is subject to, and incorporates by reference, the following terms and provisions published by the office of Federal Contract Compliance Programs, Department of Labor;
- A) Equal opportunity clause (41 CFR Part 60-1.4) under executive order 11246, as amended and the regulations thereunder.
- B) Affirmative action clause for disabled Veterans and Veterans of the Vietnam Era (41 CFR part 60-250.3) under section 402 of the Vietnam Era Veteran’s Readjustment Assistance Act of 1974 as amended, and the regulations thereunder.
- C) Affirmative Action Clause for HA section 503 of the Rehabilitation Act of 1973, as amended, and the regulations thereunder.