Terms and Conditions:
GENERAL REQUIREMENTS: Unless otherwise specified in the purchase order, the following general requirements apply to the purchase.
PROHIBITED PRACTICES: Unauthorized repairs: without API’s approval: seller will not repair by welding, brazing soldering, adhesive or by any method any parts nonconforming, damaged or found to be faulty during fabrication. Defects in castings or forgings will not be repaired by any method unless authorized by API in writing.
CHANGE IN APPROVED PROCESS, MATERIALS OR PROCEDURES: Seller will not change any process, material or procedure without prior approval from API.
UNAUTHORIZED SUBMITTAL OF PRODUCTION PARTS: when the purchase order requires acceptance of a first article, Seller will not submit parts from a production run for inspection prior to API acceptance of such first article, unless authorized by API in writing.
IMPROPER RESUBMITTAL: articles rejected by the API, and subsequently resubmitted to the API will be clearly and properly identified as resubmitted articles. Seller’s shipping document will contain a statement that articles are replacement or are reworked articles and also will refer to the API’s rejection document.
RESPONSIBILITY FOR CONFORMANCE: Neither surveillance, inspection and or tests made by the API or his representatives, at either the Seller’s or API’s facility will relieve the seller of the responsibility to furnish items which conform to the requirements of the Purchase Order.
DOCUMENTATION: The API may refuse to accept items delivered under the purchase order if the seller falls to submit the certification, documentation, test data or reports as specified in the purchase order. Documentation includes source inspection record when source inspection is performed.
RECORD RETENTION: All records pertaining to this purchase order shall remain on file until such time that Atlantic Precision, Inc. deems necessary.
LOT SAMPLING: The API reserves the right to use MIL-STD-105 or applicable inspection plan for the acceptance or rejection of supplies. Final acceptance is at API.
CORRECTIVE ACTION REQUEST: When a Quality problem exists, the API will request Corrective action from the seller. Such request require timely responses and will include the following information: Analysis of the cause of the problem, statement of the action taken, and the effectivity of the action.
NONCONFORMING MATERIAL CONTROL: The seller will maintain an effective, documented system for control of nonconforming articles, which include identification, segregation, review and processing of nonconforming articles. The seller will not accept nonconforming articles, other than the Seller’s proprietary products, unless authority to conduct Material Review activities has been granted by API. Seller’s of proprietary products will not conduct Material Review action or discrepancies that will result in a departure from the requirements of API or customer specifications. Seller will submit nonconformances to API Quality Manager within two (2) working days, by phone from the date of the discovery and within seven (7) working days by letter
RIGHT OF ACCESS: The seller will permit API, API’s customer, and cognizant Government agencies to conduct such inspections and audits at suppliers facilities as may be required to verify compliance with API Purchase Order requirements, Such facilities and assistance as may be reasonably required to accomplish these inspections will be furnished by the seller without cost to API or its customer.
WARRANTY: Seller expressly warrants that all work, including articles, material and designs, supplied by seller, will conform to the specifications, drawings, samples or other descriptions set forth in order or furnished by API and will be good material and workmanship and free from defect. All work is subject to final inspection and acceptance at API plant, it being understood that payment therefore shalt not constitute acceptance. Any work which is found to be defective either before or after acceptance may be rejected and returned to seller at seller’s risk and expense for repair or replacement , or if seller cannot make the repair or replacement in the time required buy the API to meet its delivery schedules, for credit at API’s option. If API finds it impractical to return defective work for rework, repair or replacement within a reasonable time, it may perform necessary repairs and charge the reasonable cost therefore to seller. Any payments made on any rejected work shall be immediately refunded to API.
DELIVERY: Should Seller fail to deliver material within the time specified, API may terminate this order in whole or part and may buy else where and charge Seller any additional expense incurred thereby. API expressly retains all its rights and remedies provide by law in case of such a default, and no action on the part of API shall constitute a waiver of any right or remedy. Seller shall not be liable by reason of any failure to deliver or delay in delivery due to any cause beyond Seller’s reasonable control and with out fault or negligence of API.
PACKING: No charge will be allowed for packing, boxing, or cartage, unless agreed upon at the time of purchase, but damage to any material not packed to ensure proper protection will be charged to Seller. Each package must contain a memorandum showing Shipper’s name, contents of package and purchase order number of API.
TEST SPECIMENS: When test specimens are required they will be produced, inspected and stored in the manner and for the time period as required by the contract. which will be included on the purchase order.
SUBTIERS: The seller will not procure items or service from subtiers, unless such subtier is approved in advanced by API in writing. When approved in writing, API purchase order requirements must also be flowed down to subtier suppliers.
EXPORT CONTROLLED: This data / item may be subject to the International Traffic in Arms Regulation (ITAR) or the Export Administration Regulation (EAR) pursuant to 22 CFR Past 120-130 and 15 CFR Parts 730-774 respectively. Transfer of this data by any means to a Non-US Person without the proper U.S. Government authorization is strictly prohibited. A violation of the ITAR or EAR may be subject to a penalty of up to 10 years inprisonment and a fine of $100,000 under U.S.C. 2778 or Section 2410 of the Export Administration Act of 1979