Our Terms And Conditions
1.) The Seller, by acceptance of this Order, accepts all the terms and conditions hereof. Acceptance of this Order shall take place either by execution and return of a signed copy acknowledging Order or by part performance of this Order. Any modifications or additions to the terms and conditions of this Order, to be binding, must be in writing and signed by an authorized representative of the Purchaser and delivered by the Purchaser to the Seller. Any term, condition, or reservation that is inconsistent with the terms hereof that may be contained in any printed or standard acknowledgement, invoice form or other document issued by Seller shall be of no effect. Purchaser hereby objects to any such inconsistent terms, conditions, or reservations and notifies Seller that they are rejected.
2.) Change Orders are subject to these terms and conditions of the applicable Order.
3.) Unless otherwise stated in this Order, terms are Net Thirty (30) days after delivery of goods and receipt of invoices.
4.) All goods shall be shipped F.O.B. as stated on the face of this order. If goods are shipped F.O.B. destination or Purchaser’s plant, shipping charges must be prepaid in all cases. No insurance premium or shipping costs will be allowed unless authorized in writing. Goods must be packed and delivered to conform to Uniform Freight Classification to obtain lowest shipping rate. Packing slips must be enclosed with shipments showing order number, line number, release number (if any), and quantity. Charges accrued through Seller’s failure to ship in accordance with Purchaser’s shipping instructions will be charged to Seller’s account.
5.) No charge for packing or cartage will be allowed except as stated on Order.
6.) Time shall be of the essence in this Order. The goods must be delivered strictly in accordance with the quantities, specifications, and delivery schedule specified. Purchaser assumes no obligation for goods shipped in excess of quantities specified in this Order or prior to delivery schedule specified. Unauthorized advance shipments or unauthorized shipments beyond quantity shown are returnable at Seller’s expense covering all transportation charges both to and from original destination. Except for customary quantity variations recognized by trade practice, goods in excess of those specified on Order will not be accepted and such goods will be held at Seller’s risk.
7.) All material, parts, components, assemblies and/or special processes ordered herein shall be performed to the latest applicable engineering drawings and/or specifications and revisions as stated on the Purchase Order. Revision levels shall be listed on the certificate of conformance.
8.) If Coffeyville SEKTAM offloads a copy of a customer’s dataset to a supplier/sub-tier supplier, so that they may produce hardware, the customer, in coordination with Coffeyville SEKTAM, will have the right to survey, approve and periodically review the DPD/MBD quality assurance and configuration management systems of these suppliers/sub-tier suppliers. This review will include plan and procedure review and joining customer QA for survey of supplier/sub-tier facility. Any supplier/sub-tier supplier inspection prints created from a customer’s dataset must be approved by Coffeyville SEKTAM prior to any production taking place.
9.) Personnel performing special processes must be qualified and/or certified per applicable specifications.
10.) Seller shall grant (and shall cause any of its subcontractors to grant) the right to visit Seller’s (and the entire supply chain’s) facilities to Purchaser, Purchaser’s customers and any Regulatory Authorities during operating hours to review progress and performance with respect to production, schedule, cost, records, and quality. Purchaser shall notify Seller prior to such visits.
11.) Unless otherwise provided in this Order or by law, Seller shall maintain all financial records and documents relating to this Order for a minimum of ten (10) years after final settlement of Order in accordance with AS9100. Documents will include (but not limited to) material certifications, certificates of conformance, subcontract certifications and first article inspection reports.
12.) Inspection is to be performed and certified by the Seller prior to release of product or service. Goods are subject to inspection by Purchaser and Purchaser shall be the final judge of the goods. No payment will be made to Seller in respect of any goods which are rejected on such inspection. Purchaser reserves the right to retain any portion of any shipment not strictly in accordance with specification and in such case will pay to Seller a reasonable price therefore, but such retention shall not preclude Purchaser from rejecting the remainder of any or other shipments. No goods returned as defective shall be replaced without Purchaser’s written permission. Where rework is required to meet specification requirements, such rework shall be arranged for by Seller at no cost to Purchaser. Payment for goods shall not constitute acceptance thereof by Purchaser nor shall Purchaser’s inspection or omission to inspect relieve Seller of its obligation to furnish all goods in strict accordance with all terms and provisions of this Order.
13.) If nonconforming product occurs as a result of supplier’s services, the supplier shall notify Purchaser in order to make applicable arrangements for the nonconforming product.
14.) Test reports are required for raw materials. All services/products require a certificate of conformance, as applicable. All product shall have full traceability to original manufacturer/mill. The certificate of conformance statement shall include “No additional processes have been performed”.
15.) Test methods used for calibration services shall meet national standards (NIST). Calibration suppliers shall include test method, NIST traceable number, frequency, and acceptance criteria on the certificate of conformance.
16.) Seller expressly warrants that all goods covered by this Order will be fit and sufficient for the purpose intended, merchantable, of good design, material and workmanship, free from defects and will conform to applicable specifications, drawings, or description.
17.) Seller expressly warrants that all goods covered by this Order will not be Counterfeit in any way, and that the Seller ensures that their personnel are aware of their contribution to product and service conformity, product safety, and the importance of ethical behavior.
18.) This Order shall not be assigned in whole or in part without the previous written consent of Purchaser. The Seller shall give the Purchaser advance notice in writing of all specification, design, part number and other identification changes, as well as advance notice prior to major changes in product or processes, process procedures, or changes to management or facility which would affect the product purchased by Purchaser.
19.) If supplier needs to subcontract any part of the order to another supplier, all required information shall be flowed down to the subcontractor, including any key characteristics, if applicable. Subcontract work shall not be allowed unless prior approval is obtained by Purchaser.
20.) Purchaser may terminate this Order for its convenience, in whole or in part by written or electronic notice at any time. If this Order is terminated for convenience, any claim of Seller shall be settled on the basis of reasonable costs it has incurred in the performance of this Order for labor and materials which are not usable by Seller for making other goods it manufactures or distributes. Materials for which Seller is reimbursed shall become the property of the Purchaser. Unless otherwise authorized in writing by Purchaser, Seller shall not make commitments for materials nor fabricate in advance of time necessary to permit shipment on delivery dates.
21.) If Seller ceases to conduct its operation in the normal course of business (including inability to meet its obligations as they mature), or if any proceedings under any bankruptcy or insolvency laws is brought by or against Seller, or a receiver for Seller is appointed or applied for, or an assignment for the benefit of creditors is made by Seller, Purchaser may terminate this Order without liability, except for deliveries previously made.
22.) Seller shall keep confidential all information, drawings, specifications or data furnished by Purchaser, or prepared by Seller specifically in connection with the performance of this Order and shall not divulge or use such information, drawings, specification or data to benefit of any other party. Seller agrees that if the goods covered by this Order are to be manufactured to design or technical data furnished by Purchaser, the Seller shall not, without the prior written consent of Purchaser, manufacture any such goods except for and upon order of the Purchaser.
23.) Supplier shall have a FOD (Foreign Object Damage) Awareness program.
24.) The obligations of Seller contained herein shall survive acceptance of the goods and payment therefore by Purchaser.
25.) This Order shall be governed in all respects by the laws of the State of Kansas.
26.) Suppliers to Coffeyville SEKTAM, Inc. are expected to operate in compliance with the SEC conflict minerals rule under section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Conflict Minerals Rule). Suppliers will be required to provide a reasonable country of origin inquiry as requested using the CFSI Conflict Minerals Reporting Template. Suppliers are required to have a policy for Conflict Minerals and due diligence of its supply chain to ensure compliance. Any risk of non-compliance needs to be reported to the SEKTAM Buyer immediately.
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