General conditions of purchase - DOCR0103 ind H
General conditions of purchase - DOCR0103 ind H
1) Main Conditions
Acceptance of EUROTECH INTERNATIONAL’s purchase orders implies full adhesion to the present terms and conditions. The supplier expressly waives his right to make use of its own terms and conditions. The order may however specify technical, commercial and administrative conditions required by the supplier, or particular conditions that prevail on the present conditions.
The supplies shall be delivered with the documentation necessary for its good use, storage and maintenance. It shall be in conformance with existing norms and regulations in France at the time of delivery.
2) Orders acceptance
Purchase orders shall be deemed accepted by the supplier if no remarks have been made within ten days following receipt of the order. All forms of order acknowledgements issued by the supplier are committing, given that the general sales terms and conditions at the back of letters, invoices and any other documents originating from the supplier that would be in contradiction with the present, shall be considered null and void and non unenforceable to EUROTECH INTERNATIONAL.
Unless otherwise mentioned on the purchase orders, prices are firm. In case the order would call for price adjustments or revisions, it shall be determined in conformance with the contractual details and in accordance with existing pricing regulation.
4) Delivery schedules, shipping, penalties
4.1 Delivery schedules set forth on purchase orders are imperative: supplies are to be delivered at the delivery site on the date indicated on the purchase order.
4.2 All deliveries are supplied with a packing list showing the order number, item numbers, item description and quantities delivered as well as the certificate of conformity and any other required documents.
4.3 The transport manifest is check-marked and final acceptance is contingent to verification of conformity.
4.4 The supplies shall be delivered with the documentation necessary for its good use, storage and maintenance. It shall be in conformance with existing norms and regulations in France at the time of delivery.
4.5 Late deliveries will be subject to penalties.
4.6 Shipping via an express carrier can be requested in case of late deliveries. Extra cost shall be charged to the supplier. EUROTECH INTERNATIONAL shall be kept informed of the reasons for the delay in order to take appropriate measures and limit the damage as much as possible.
4.7 Should implementation of the order be delayed due to force majeure or without any fault or negligence from the supplier, delivery schedules will be extended for a period of time in line with the circumstances.
4.8 In any case, EUROTECH INTERNATIONAL shall have the right to cancel any order or part of it that would not be delivered in time and therefore claim liquidated damages.
5) Materials destined to foreign end users / Export inspections - Military Items (Licences ECCN - EAR - ITAR)
- Products to be exported to foreign end-users may be subject to export authorisation from the French Government. As soon as the products are identified by the supplier as sensitive items/goods or technology, referred to as dual-use items or military items/goods, the latter is under the obligation to declare the category of the Supplies in accordance with US and European Regulations (EAR, ITAR and ECCN). Failing which, the Supplier shall be deemed by Eurotech as free to export and shall be liable towards EUROTECH. The Supplier shall be liable in the event of a false declaration.
- Some products may be subject to research and development, tooling and control fees with the French Government. In that case, the seller shall indicate the fees in its quotation.
6) Transport and Insurance
The supplier is liable of all supply risks and charges until delivered to contractual delivery place. The supplier shall contract appropriate insurance policies. Delays due to Insurance claims are not opposable to EUROTECH INTERNATIONAL.
7) Packing and Labelling
Material must be appropriately protected against any damage incurred during loading, transport and unloading operations. Material will be packed and marked with a label in accordance with the order special conditions concerning the packaging, packing and labelling. Material or packages will be clearly identified by indicating the Purchase order number as well as the delivery note number. All material shall be clearly identified with a label stuck on the packaging showing the following information: Purchase Order Number, Item Number, Part Number, Description, NATO Cage code, NATO Stock Number, quantity and unit of measurement and/or any further useful information (Ex: serial numbers, batch numbers, manufacturing dates, shelf-life, cure dates etc…). All expenses pertaining to packaging and/or packing are, unless prior and express exception, incurred by the Seller. Returnable packaging and/or packing must be expressly stipulated such as returnable on the order acceptance. Packaging and/or packing of hazardous material, time life parts, security parts and any different parts subject to regulations shall be in conformance with the regulations in force in the country where it is used. The packing will have to be conceived to protect its contents against any damage that can result from handling and be adapted to the type of transport.
8) Payment terms
Invoices corresponding to deliveries shall be sent in two sets to EUROTECH INTERNATIONAL. Each invoice shall be linked to one order number only and show that number as well as the item number, quantities, description, numbers and dates of delivery notes to which they relate. Invoices shall be paid after verification and acceptance of deliveries by EUROTECH INTERNATIONAL. Payments are made at due date in conformance with contractual terms.
9) Quality Insurance
9.1 Traceability and conformity of supplies
Acceptance of the order by the supplier indicates that conformity with the purchase order is granted, including full traceability of the supplies to be delivered and in conformance with the provisions of the Seller’s Quality Management System. Unless otherwise specified, every material will have to be delivered in “New Manufacture condition”, with its accompaniment documents (Test reports, Certificate of airworthiness,…)
The supplier must implement the necessary processes to ensure the absence of counterfeit or suspected parts. He will have to make the necessary arrangements to maintain the traceability, to guarantee it, to preserve it, and to retrieve it. The purchase order must be performed by authorized and qualified personnel and the supplier undertakes to make them aware of their contribution to product compliance, product safety, and the importance of ethical behavior and respect of normative and customer requirements. Any discrepancies found during quality control carried out by Eurotech will be subject to sending a delivery discrepancy report to the supplier. Should a non-conformance be detected by the supplier after delivery of material, the supplier shall advise the Buyer’s Quality Insurance Department. As part of our quality organization, the supplier is likely to receive an evaluation of our performance (OTD and OQD) from our quality department.
9.2 Supplier’s commitment
Quality Audit - Our orders are likely to be subject to the supervision of French DGAC authorities and DGA. Upon request and within a reasonable time frame, the supplier shall authorize the buyer to perform a quality audit in its premises.
The supplier shall authorize access to its premises to the representatives of the authority responsible of Quality Insurance to attend the final control or test operations for products or batches contractually covered by a purchase order.
For verification operations the timeframe for intervention is 7 days to actually start operations and 7 days for decision and clearance. The supplier shall advise the buyer’s Quality Department 4 weeks minimum prior to the start of control or test operations.
9.3 Product modifications/upgrades
The Seller shall keep the Buyer informed of every modification, upgrade of all the products for which an order has been placed whether it is already delivered or not. The Seller shall provide any related documentation allowing the Buyer to update its data bank. Unless otherwise specified, the Seller shall inform the Purchaser, at least 12 months in advance, of any manufacturing discontinuation of his parts and supplies. Failing that, the Seller has certain responsibilities and will have to address the whole of the detriments suffered by the Purchaser.
The supplier undertakes to inform Eurotech International of any temporary or permanent transfer of activities and must verify the compliance of the activities with the requirements. The supplier undertakes to pass the requirements to its suppliers. On request, the supplier will provide a copy of its sub-contract or order product. If an associated risk is identified, Eurotech International will be notified with the justifications.
The supplier must pass on Eurotech's contractual requirements to its subcontractors. A mandatory indications is written in the procurement documents. This does not replace the supplier's responsability to its subcontractors. The supplier shall inform Eurotech if a product from a subcontractor is rejected or repaired.
9.5 Data protection policy
As part of the data policy (RGPD), and in accordance with the regulations in force, our IT charter is available on our website (www.eurotech-intl.com)
Unless otherwise specified in the Purchase Order, the material will have a 12 months warranty. The Seller guarantees that the material shall meet the requirements and specifications and satisfy all the function it is intended for. The seller certifies that the material is manufactured in accordance with the latest specifications. The seller guarantees that the material is in condition Factory New/New Manufactured, up to standards of design and production, in conformity with the latest revisions/developments and delivered with all the required accompanying documents. Parts in New Surplus condition shall be subject to prior agreement of the Purchaser. The Seller guarantees that delivered material or rendered services are free from defects (design, material or manufacturing). If the material proved to be defective during the warranty period, the seller is committed to the replace or repair at first request from the Purchaser and to bear all consequent and subsequent cost.
The Seller is bound to respect all legal guarantees, as they stand, without restriction, guarantee of latent defects and defective products. In case the Seller is not the manufacturer, it commits himself to entirely transfer the manufacturer’s warranty to EUROTECH INTERNATIONAL. In case material in condition other than Factory New or New Manufactured would be delivered without prior agreement from the Purchaser, the material shall be rejected upon receipt and returned to the Seller. All subsequent cost shall be charged to the seller. Unless otherwise agreed, the minimum warranty period for each material is either 12 months from commissioning or 18 months from actual delivery date. Replacement parts are covered by a warranty period with the same duration.
11) Applicable law - jurisdiction
Purchase orders are governed by and are to be construed in accordance with the laws of the French Republic and fall under the exclusive jurisdiction of courts from the Purchaser’s head office.
12) Public health - Environment
Eurotech International requires from its manufacturers / suppliers:
- That their products on public health and environmental regulations comply with the EC and the code of the French public health, particularly in relation with batteries, lead and asbestos.
- That their products comply with the REACH Regulations (traceability requirement for all substances classified products such as: carcinogenic, mutagenic, toxic for reproduction, persistent to bioaccumulation or toxic (PBT), very persistent and very hight bioaccumulation (vPvB), in each case for substances of an equivalent level of concern...)
- To report on their quotation and provide the appropriate supporting documentation if a product does not meet these regulations and therefore was subject to an exemption, authorization or special exemption (See details of regulations on www.legifrance.gouv.fr)
13) Labour laws
The supplier certified that his personnel are regularly declared in accordance with labour laws.