2820 Viridian Drive South Bend, IN 46628 (574) 233-8424 Fax (574) 233-1849
TERMS AND CONDITIONS OF PURCHASE
1. Acceptance of Terms
The supplier agrees to be bound by and to comply with all terms stated within this document and in the purchase order, where appropriate.
The supplier shall notify Mack Tool & Engineering of changes to the product and/or process, changes of suppliers or changes of facilities.
The supplier shall notify Mack Tool & Engineering of non-conforming product prior to delivery and must obtain approval for nonconforming product disposition.
The supplier is responsible to flow down all requirements and specifications to subcontractors.
The supplier shall allow Mack Tool & Engineering, our customer and any regulatory authorities’ right of access to the applicable areas of all facilities and all applicable records.
Mack Tool reserves the right to reject non-conforming product prior to delivery.
3. Delivery, Shipment and Packaging
The supplier will notify Mack Tool & Engineering immediately whenever anything delays or threatens to delay the timely performance of the Purchase Order.
The supplier shall ship the product in the same manner as was delivered, unless otherwise specified.
The supplier shall handle the parts with care and package the parts for shipment as they were received, unless otherwise specified.
All products may be inspected and tested by Mack Tool & Engineering, its customers, higher-tier contractors, and end users at all reasonable times and places.
Final inspection and acceptance by Mack Tool & Engineering will be at Mack’s facility unless otherwise specified in this Purchase Order. Mack Tool may inspect 100% or a sample of the product, at Mack Tool’s option, and may reject all or any portion of the product if Mack Tool determines them to be defective or nonconforming.
The supplier shall maintain suitably detailed records as may be necessary to adequately reflect the supplier’s compliance with the terms of this Purchase Order. The supplier and each sub tier supplier will also furnish other information as may be needed by Mack Tool’s representatives in auditing compliance.
i. Types of Records
A record is defined as objective evidence that can be provided to show conformance and acceptance to the terms of this Purchase Order. These can include but are not limited to the following:
· Certificates of test and other laboratory results required to establish product acceptance.
· Inspection and test results.
· Process records for the completion of manufacturing, assembly, and inspection operations.
· Serial Number, Lot Number, and Date Code, as applicable.
· Administrative Records related to Quality System activities.
· Nonconforming/Material Review Board (MRB) disposition documents.
ii. Record Retention
The supplier is required to retain all records for a minimum of (30) thirty years, indefinitely for those products that are serialized, unless otherwise specified by purchase order or contract.
The supplier shall not disclose, transfer or export hardware or technical data controlled under the International Traffic in Arms Regulations (“ITAR”) or the Export Administration Regulations (“EAR”) to any non-U.S. person or firm, including non-U.S. persons employed by or associated with supplier, nor to any non- U.S. government, without first complying with all requirements of the ITAR or the EAR, including the requirement for obtaining an export license or other required authorization.