Quality Clauses
Freedom Metal Finishing shall ensure the adequacy of requirements prior to their communication to the external provider.
Freedom shall communicate to external providers its requirements for All POs that are subject to the following Quality Codes as Applicable.
SUPPLIER QUALITY CLAUSES: By accepting this PO the supplier agrees to all terms and conditions listed below.
a. the processes, products, and services to be provided including the identification of relevant technical data (e.g.,
specifications, drawings, process requirements, work instructions); All applicable certificates to be sent with each shipment.
b. the approval of:
1. products and services;
2. methods, processes, and equipment;
3. the release of products and services;
c. competence, including any required qualification of persons;
d. the external providers’ interactions with the organization;
e. control and monitoring of the external providers’ performance to be applied by the organization;
f. verification or validation activities that the organization, or its customer, intends to perform at the external providers’
premises;
g. design and development control;
h. special requirements, critical items, or key characteristics;
i. test, inspection, and verification (including production process verification);
j. the use of statistical techniques for product acceptance and related instructions for acceptance by the organization;
k. the need to:
– implement a quality management system;
– use customer-designated or approved external providers, including process sources (e.g., special
processes);
– notify the organization of nonconforming processes, products, or services and obtain approval for their
disposition;
– prevent the use of counterfeit parts see below for details.
– notify the organization of changes to processes, products, or services, including changes of their external
providers or location of manufacture, and obtain the organization’s approval;
– flow down to external providers applicable requirements including customer requirements;
– provide test specimens for design approval, inspection/verification, investigation, or auditing;
– retain documented information, including retention periods and disposition requirements;
l. the right of access by the organization, their customer, and regulatory authorities to the applicable areas of
facilities and to applicable documented information, at any level of the supply chain;
m. ensuring that persons are aware of:
– their contribution to product or service conformity;
– their contribution to product safety;
– the importance of ethical behavior.
Counterfeit Clause:
(a) For purposes of this clause, Counterfeit Work consists of those parts delivered under this Contract that are the lowest level of separately identifiable items (e.g., articles, components, goods, and assemblies). “Counterfeit Work” means Work that is or contains items misrepresented as having been designed and/or produced under an approved system or other acceptable method. The term also includes approved Work that has reached a design life limit or has been damaged beyond possible repair but is altered and misrepresented as acceptable.
(b) Customer agrees and shall ensure that Counterfeit Work is not delivered to Freedom Metal Finishing Inc.
(c) Customer shall only purchase products to be delivered or incorporated as Work to Freedom Metal Finishing Inc. directly from the Original Component Manufacturer (OCM)/Original Equipment Manufacturer (OEM), or through an OCM/OEM authorized distributor chain. Work shall not be acquired from independent distributors or brokers unless approved in advance in writing by Freedom Metal Finishing Inc.
(d) Customer shall immediately notify Freedom Metal Finishing Inc. with the pertinent facts if Customer becomes aware or suspects that it has furnished Counterfeit Work. Upon sale of merchandise to Freedom Metal Finishing Inc. Customer shall provide OCM/OEM documentation that authenticates traceability of the affected items to the applicable OCM/OEM.
(e) In the event that Work delivered under this Contract constitutes or includes Counterfeit Work, Customer shall, at its expense, promptly replace such Counterfeit Work with genuine Work conforming to the requirements of this Contract. Notwithstanding any other provision in this Contract, Customer shall be liable for all costs relating to the removal and replacement of Counterfeit Work, including without limitation Freedom Metal Finishing Inc. costs of removing Counterfeit Work, of reinserting replacement Work and of any testing necessitated by the reinstallation of Work after Counterfeit Work has been exchanged. The remedies contained in this paragraph are in addition to any remedies Freedom Metal Finishing Inc. may have at law, equity or under other provisions of this Contract.
(f) This clause applies in addition to any quality provision, specification, statement of work or other provision included in this Contract addressing the authenticity of Work. To the extent such provisions conflict with this clause, this clause prevails.
(g) Customer shall include paragraphs (a) through (d) of this clause or equivalent provisions in lower tier subcontracts for the delivery of items that will be included in or furnished as Work to Freedom Metal Finishing Inc.
(h) Customer shall establish and maintain a Counterfeit Prevention Program. The purpose of this document shall be to prevent the delivery of counterfeit parts and control parts identified as counterfeit. ***